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^ORDINANCES  AND  RESOLUTIONS 
OF  THE 

Mayor  and  City  Council 

OF  BALTIMORE 

PASSED  AT  THE  ANNUAL  SESSION  1977-1978 


Baltimore 

20th  Century  Printing  Company,  Inc. 

City  Printers 

1978 


and. 


514 
./U 


ORDINANCES 

PASSED  AT  THE  ANNUAL  SESSION 
1977-1978 


No.  592 
(Council  No.  1024) 

An  Ordinance  to  repeal  and  reordain  Sections  79-82  of 
Article  15  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Licenses",  subtitle  "Selling  in  Streets",  as 
amended  by  Ordinance  67,  approved  June  16,  1976,  and 
to  add  new  Sections  82A-82D  to  said  article,  to  set  a 
time  limit  for  the  parking  or  standing  of  the  vehicles  of 
itinerant  food  vendors  in  residential  areas ;  to  provide  a 
minimum  distance  from  schools  for  the  parking  and 
standing  of  such  vehicles ;  to  require  the  licensee  of  each 
such  vehicle  to  provide  trash  receptacles  and  to  be  re- 
sponsible for  the  removal  of  trash  within  a  specified 
radius  of  his  vehicle ;  to  provide  penalties ;  and  to  clarify 
certain  language. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sections  79-82  of  Article  15  of  the  Bal- 
timore City  Code  (1966  Edition),  title  "Licenses",  sub- 
title "Selling  in  Streets",  as  amended  by  Ordinance  67,  ap- 
proved June  16,  1976,  be  and  they  are  hereby  repealed  and 
reordained  with  amendments  to  read  as  follows : 

79.    Sale  of  food  or  food  products. 

It  shall  not  be  lawful  for  any  person  or  persons,  or  firm, 
to  sell  or  offer  for  sale  in  the  streets  and  highways  of  Balti- 
more City  any  fresh  fruits,  vegetables  or  other  [perishable 
articles]  food  or  food  products  without  having  first  ob- 
tained from  the  Director  of  Finance  of  Baltimore  City,  who 
is  hereby  authorized  to  grant  the  same,  a  license,  which 
[said]  license  [is  to]  will  expire  on  the  first  day  of  Janu- 
ary succeeding  the  date  of  its  issue.  "FOOD  OR  FOOD 
PRODUCTS"  INCLUDES  ALL  ARTICLES  USED  AS 
FOOD,  DRINK,  CONFECTIONERY,  OR  CONDIMENT 


4  ORDINANCES  Ord.  No.  592 

FOR  HUMAN  CONSUMPTION,  WHETHER  SIMPLE  OR 
COMPOUND,  WITH  THE  EXCEPTION  OF  MEDICINES, 
DRUGS,  AND  ALCOHOL. 

80.  Same;  licenses. 

Any  person  or  persons  desiring  to  sell  fresh  fruits, 
vegetables  or  other  [perishable  articles]  food  or  food 
products  from  any  wagon  or  other  vehicle  in  the  streets 
or  highways  of  Baltimore  City  shall  apply  to  the  Director  of 
Finance  of  Baltimore  City  for  a  license  therefor  and  shall 
pay  to  said  Director  of  Finance  the  sum  of  five  dollars  ($5) ; 
and  any  person  or  persons  desiring  to  sell  fresh  fruits, 
vegetables  or  other  [perishable  articles]  food  or  food 
products  from  any  basket  or  push-cart  in  the  streets  or 
highways  of  Baltimore  City  shall  apply  to  the  Director  of 
Finance  of  Baltimore  City  for  a  license  therefor,  and  shall 
pay  to  said  Director  of  Finance  the  sum  of  two  dollars 
($2).  No  license  shall  be  issued  for  a  part  of  a  year.  A 
LICENSE  SHALL  ONLY  BE  ISSUED  TO  AN  APPLI- 
CANT WHO  HAS  A  VALID  FOOD  PERMIT  FROM  THE 
BALTIMORE  CITY  HEALTH  DEPARTMENT. 

81.  Badges 

Each  wagon  or  other  vehicle  shall  be  attended  by  not  more 
than  two  men,  and  such  persons  shall  conspicuously  wear 
a  badge  to  be  supplied  by  the  Director  of  Finance,  and  to 
be  numbered  in  conformity  with  the  number  of  the  license 
on  the  wagon  or  other  vehicle  from  which  they  and  each 
of  them  are  selling;  and  each  basket  man  and  push-cart 
man  shall  also  conspicuously  wear  a  badge  to  be  supplied 
by  the  said  Director  of  Finance,  and  said  badge  shall  be 
numbered  to  correspond  with  the  number  of  the  license. 

82.  Penalties. 

Any  person  or  persons  selling  or  offering  for  sale  the 
articles  named  in  Section  80  of  this  article  without  first 
having  obtained  the  license  and  wagon  or  vehicle  number, 
as  provided  for  in  [said]  Section  80,  shall  forfeit  and  pay  a 
fine  of  five  dollars  for  each  and  every  offense ;  and  any  per- 
son or  persons  neglecting  to  conspicuously  display  the 
badge,  as  provided  in  Section  81  hereof,  shall  forfeit  and 


ORDINANCES  5 

pay  a  fine  of  one  dollar  for  each  and  every  offense,  and  the 
fines  and  moneys  received  from  the  licenses  named  in 
Section  80  are  to  be  deposited  with  the  Director  of  Finance 
to  the  credit  of  the  City  of  Baltimore. 

Sec.  2.  And  be  it  further  ordained,  That  new  Sections 
82A-82D  be  and  they  are  hereby  added  to  Article  15  of  the 
Baltimore  City  Code  (1966  Edition),  title  "Licenses",  sub- 
title "Selling  in  Streets"  to  read  as  follows : 

82 A,.     Time  limitations  in  residential  areas. 

In  residential  areas,  no  person  required  by  Section  79  to 
be  licensed  may  stand  or  park  his  wagon  or  other  vehicle 
on  any  public  street  or  alley  for  more  than  15  minutes  at  a 
given  location  and  may  not  within  the  succeeding  U8 
hours  park  or  stand  within  300  feet  of  the  immediately 
previous  location. 

82B.     Selling  near  schools. 

No  person  required  by  Section  79  to  be  licensed  may 
stand  or  park  his  wagon  or  other  vehicle  on  any  street  or 
alley  within  500  feet  of  the  grounds  of  any  building  used 
as  a  public  or  private  kindergarten,  grammar,  or  high 
school  from  7:00  A.M.  to  5:00  P.M.  on  school  days, 

82C.     Receptacles;  clean-up. 

Every  person  required  by  Section  79  to  be  licensed  must 
make  available  sufficient  trash  receptacles  for  the  use  of 
his  customers.  Such  person,  upon  leaving  the  place  where 
he  has  stood  or  parked  his  vehicle,  is  responsible  for  the  re- 
moval of  trash  in  the  area  within  a  10  foot  radius  of  the 
place  where  his  vehicle  stood  or  was  parked* 

82D.     Penalties;  revocation. 

A  violation  of  any  of  the  provisions  of  Sections  82A, 
82B,  or  82C  shall  be  a  misdemeanor,  and  any  person  con- 
victed thereof  shall  be  subject  to  a  fine  of  not  less  than 
One  Hundred  Dollars  ($100.00)  nor  more  than  Five  Hun- 
dred Dollars  ($500.00),  or  to  imprisonment  for  not  more 
than  6  months,  or  to  both  fine  and  imprisonment,  at  the 


6  ORDINANCES  Ord.  No.  593 

discretion  of  the  court.  Upon  a  third  conviction  under  the 
provisions  of  this  section,  the  license  required  by  Section 
79  of  the  person  so  convicted  shall  be  revoked. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

This  Bill  became  law  on  December  12,  1977  without  the 
Mayor's  signature. 


No.  593 
(Council  No.  813) 

An  Ordinance  to  amend  Sheets  No.  47  and  57  of  the 
Zoning  District  Maps  of  Article  30  of  the  Baltimore  City 
Code  (1966  Edition),  title  "Zoning",  (Ordinance  No. 
1051,  approved  April  20,  1971)  by  changing  from  the 
R-8  Zoning  District  to  the  £-3-2  M-4  M-l-2  Zoning  Dis- 
trict the  property  generally  known  as  601  N.  Milton 
Avenue,  as  outlined  in  red  on  the  AMENDED  plats 
accompanying  this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  No.  47  and  57  of  the  Zoning 
District  Maps  of  Article  30  of  the  Baltimore  City  Code 
(1966  Edition),  title  "Zoning",  (Ordinance  No.  1051,  ap- 
proved April  20,  1971,  be  and  they  are  hereby  amended 
by  changing  from  the  R-8  Zoning  District  to  the  B  3  2  M-4 
M-l-2  Zoning  District  the  property  generally  known  as 
601  N.  Milton  Avenue  as  outlined  in  red  on  the  AMENDED 
plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof,  and  in 
order  to  give  notice  to  the  departments  which  are  adminis- 
tering the  Zoning  Ordinance,  the  President  of  the  City 
Council  shall  sign  the  plat,  and  when  the  Mayor  approves 
the  ordinance  he  shall  sign  the  plat.  The  City  Treasurer 
shall  then  transmit  a  copy  of  the  ordinance  and  one  of  the 


ORDINANCES  7 

plats  to  the  following:  the  Board  of  Municipal  and  Zoning 
Appeals,  the  Planning  Commission,  the  Commissioner  of 
the  Department  of  Housing  and  Community  Development, 
the  Commissioner  of  Transit  and  Traffic  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  December  16, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  594 
(Council  No.  1216) 

An  Ordinance  to  amend  Sheets  45  AND  46  of  the  Zoning 
District  Maps  of  Article  30  of  the  Baltimore  City  Code 
(1966  Edition)  title  "Zoning"  (Ordinance  No.  1051,  ap- 
proved April  20,  1971)  by  changing  from  the  B-5-1  Zon- 
ing District  to  the  B-4-2  Zoning  District  the  properties 
generally  known  as  1200-1228  and  1301  N.  Charles 
Street  in  the  Mid-Town  Belvedere  Urban  Renewal  Proj- 
ect, as  outlined  in  red  on  the  AMENDED  plat  accom- 
panying this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  No.  45  AND  46  of  the  Zoning 
District  Map  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning"  (Ordinance  No.  1051,  approved 
April  20,  1971)  be  and  it  is  hereby  amended  by  changing 
from  the  B-5-1  Zoning  District  to  the  B-4-2  Zoning  District 
the  properties  generally  known  as  1200-1228  and  1301  N. 
Charles  Street,  as  outlined  in  red  on  the  AMENDED  plat 
accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order  to 
give  notice  to  the  departments  which  are  administering  the 


8  ORDINANCES  Ord.  No.  595 

Zoning  Ordinance,  the  President  of  the  City  Council  shall 
sign  the  plat  and,  when  the  Mayor  approves  the  ordinance, 
he  shall  sign  the  plat.  The  City  Treasurer  shall  then  trans- 
mit a  copy  of  the  ordinance  and  one  of  the  plats  to  the 
following:  Board  of  Municipal  and  Zoning  Appeals,  Plan- 
ning Commission,  Commissioner  of  Department  of  Hous- 
ing and  Community  Development,  and  the  Zoning  Admin- 
istrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  16, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  595 
(Council  No.  1291) 

An  Ordinance  consenting  to  and  approving  a  Petition,  dated 
June  6,  1977,  for  the  extension  of  the  Metropolitan  Dis- 
trict of  Baltimore  County  to  a  tract  of  land  in  the  Eighth 
Election  District,  in  the  vicinity  of  Bosley  Road  and  Pot 
Spring  Road  and  in  accordance  with  the  provisions  of 
Chapter  539  of  the  Acts  of  the  General  Assembly  of 
Maryland  1924,  as  amended  by  Chapter  515  of  the  Acts  of 
1955.,  SUBJECT  TO  THE  CONDITIONS  THAT  THE 
AREA  WILL  BE  MAINTAINED  IN  ACCORDANCE 
WITH  THE  STORM  WATER  MANAGEMENT  POLICY 
IN  EFFECT  ON  OCTOBER  24,  1977  AND  THAT  THE 
NUMBER  OF  DWELLING  UNITS  PERMITTED  ON 
THE  TRACT  SHALL  NOT  EXCEED  THE  DENSITY 
OF  DR  1. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  petition,  dated  June  6,  1977,  for  the 
extension  of  the  Metropolitan  District  of  Baltimore  County 
to  a  tract  of  land  in  the  Eighth  Election  District  of  Balti- 
more County  in  the  vicinity  of  Bosley  Road  and  Pot  Spring 
Road,  more  particularly  shown  on  a  plat  filed  in  the  Depart- 
ment of  Public  Works  of  Baltimore  County  numbered  75- 


ORDINANCES  9 

0227,  is  in  accordance  with  the  authority  granted  by  Chapter 
639  of  the  Acts  of  the  General  Assembly  of  Maryland  1924, 
and  amended  by  Chapter  515  of  the  Acts  of  1955  hereby 
consented  to  and  approved*,  SUBJECT  TO  THE  FOLLOW- 
ING CONDITIONS: 

A.  THAT  THE  STORM  WATER  MANAGEMENT 
AREA  SHALL  BE  MAINTAINED  IN  ACCORDANCE 
WITH  THE  EXECUTIVE  ORDER  OF  AUGUST  30, 
1974,  "STORM  WATER  MANAGEMENT  POLICY"  AS 
AMENDED  THROUGH  OCTOBER  24,  1977;  AND 

B.  THAT  THE  NUMBER  OF  DWELLING  UNITS 
PERMITTED  ON  THIS  TRACT  SHALL  NOT  BE  IN- 
CREASED BEYOND  THE  DENSITY  PERMITTED  IN 
THE  DR  1  ZONE  ON  THE  DATE  OF  THIS  ORDI- 
NANCE. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  16, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  596 
(Council  No.  1293) 

An  Ordinance  providing  for  reserved  parking  on  the  south 
side  of  McHenry  Street  for  John  A.  Ewart. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  on  the  south  side  of  McHenry  Street, 
beginning  at  a  point  10  feet  west  of  the  east  curb  line  of 
Harmison  Street  to  a  point  36  feet  west  of  the  east  curb  line 
of  Harmison  Street  parking  is  reserved  for  John  A.  Ewart. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  16, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


10  ORDINANCES  Ord.  No.  598 

No.  597 
(Council  No.  1308) 

An  Ordinance  providing  for  reserved  parking  on  the  west 
side  of  Guilford  Terrace  near  Homewood  Terrace  for 
William  E.  Torres. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  on  the  west  side  of  Guilford  Terrace, 
from  a  point  175  feet  south  of  Homewood  Terrace  to  a  point 
197  feet  south  of  Homewood  Terrace,  parking  is  reserved 
for  William  E.  Torres. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  16, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  598 

(Council  No.  1310) 

An  Ordinance  to  add  new  Section  141  (4c)  to  Article  31  of 
the  Baltimore  City  Code  (1966  Edition),  title  "Transit 
and  Traffic",  subtitle  "Impounding",  designating  the  north 
side  of  Monument  Street  from  Fallsway  to  Washington 
Street  as  an  impounding  area. 

Section  1.  Beit  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  141  (4c)  be  and  it  is  hereby 
added  to  Article  31  of  the  Baltimore  City  Code  (1966  Edi- 
tion), Title  "Transit  and  Traffic",  Subtitle  "Impounding", 
to  read  as  follows : 

141. 

(Uc)  Monument  Street,  north  side,  from  Fallsway  to 
Washington  Street. 


ORDINANCES  11 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  16, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  599 
(Council  No.  1007) 

An  Ordinance  to  condemn  and  close  certain  portions  of 
Interstate  Route  No.  95  opened  in  accordance  with 
Ordinance  No.  720  approved  January  6,  1966  and  Ordi- 
nance No.  1048  approved  June  21,  1967  extending  from 
Caroline  Street  easterly  to  Boston  Street  and  Luzerne 
Avenue  in  accordance  with  a  plat  thereof  numbered  322- 
A-3,  prepared  by  the  Surveys  and  Records  Division  and 
filed  in  the  Office  of  the  Department  of  Public  Works, 
on  the  Second  (2nd)  day  of  March,  1977,  and  now  on  file 
in  said  office. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  certain  portions  of  Interstate  Route  No.  95 
opened  in  accordance  with  Ordinance  No.  720  approved 
January  6,  1966  and  Ordinance  No.  1048  approved  June  21, 
1967  extending  from  Caroline  Street  easterly  to  Boston 
Street  and  Luzerne  Avenue  the  portions  of  Interstate  Route 
No.  95  hereby  directed  to  be  condemned  for  said  closing 
being  described  as  follows : 

Sheet  1  of  5  comprising  Parcel  No.'s : 

1 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Lancaster  Street,  Dallas  Street,  the 
south  outline  of  said  Ordinance,  Westerly  150  feet,  more  or 
less,  and  Caroline  Street  and  designated  as  Parcel  No.  1. 

2 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Lancaster  Street,  Bond  Street,  the 


12  ORDINANCES  Ord.  No.  599 

south  outline  of  said  Ordinance,  Westerly  162  feet,  more  or 
less,  and  Dallas  Street  and  designated  as  Parcel  No.  2. 

3 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Lancaster  Street,  Bethel  Street, 
Shakespeare  Street,  and  Bond  Street  and  designated  as 
Parcel  No.  3. 

4 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Broadway,  Shakespeare  Street,  Bethel 
Street  and  Lancaster  Street  and  designated  as  Parcel  No.  4. 

5 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Broadway,  Thames  Street,  the  west, 
south  and  east  outlines  of  said  Ordinance,  the  four  follow- 
ing courses  and  distances;  namely,  Northerly  55.00  feet, 
Westerly  96  feet,  more  or  less,  Southerly  20  feet,  more  or 
less,  and  Westerly  170  feet,  more  or  less,  Bond  Street  and 
Shakespeare  Street  and  designated  as  Parcel  No.  5. 

Sheet  2  of  5  comprising  Parcel  No.'s: 

6 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Lancaster  Street,  Ann  Street, 
Thames  Street  and  Broadway  and  designated  as  Parcel 
No.  6. 

7 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Lancaster  Street,  Wolfe  Street, 
Thames  Street  and  Ann  Street  and  designated  as  Parcel 

No.  7. 

Sheets  3, 4  and  5  of  5  comprising  Parcel  No.  8 : 

8 — A  portion  of  Ordinance  No.  720  approved  January  6, 
1966  and  bounded  by  the  north,  east  and  west  outlines  of 
said  Ordinance  the  eight  following  courses  and  distances, 
namely;  Easterly  363.3  feet,  Southerly  92  feet,  more  or 
less,  Easterly  62  feet,  Northerly  105.3  feet,  Easterly  90.5 
feet,  Northerly  196.8  feet,  Easterly  95  feet  and  Northerly 
145.7  feet,  Aliceanna  Street,  Boston  Street,  the  southeast, 
northeast,  and  north  outlines  of  said  Ordinance,  the  three 
following  courses  and  distances,  namely;  Southwesterly 
105.5  feet,  Southeasterly  393.0  feet  and  Easterly  180  feet, 
more  or  less,  Boston  Street,  the  northwest  outline  of  the 
property  known  as  No.  2GQ2601-2621  Boston  Street,  the 


ORDINANCES  13 

southeast,  southwest,  south  and  west  outlines  of  said  Ordi- 
nance, the  seven  following  courses  and  distances,  namely; 
Southwesterly  352  feet,  more  or  less,  Northwesterly  300  feet, 
Northwesterly  1250  feet,  more  or  less,  Northwesterly  340 
feet,  more  or  less,  Westerly  346  feet,  Northerly  80  feet  and 
Westerly  290.0  feet  and  Wolfe  Street  and  designated  as 
Parcel  No.  8. 

The  said  portions  of  Interstate  Route  No.  95  as  directed 
to  be  condemned  being  delineated  and  particularly  shown 
on  a  plat  numbered  322-A-3  which  was  filed  in  the  Office  of 
the  Department  of  Public  Works  on  the  Second  (2nd)  day 
of  March,  in  the  year  1977  and  is  now  on  file  in  the  said 
Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  now  owned  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  be  and  continue  to  be  the  property  of 
the  Mayor  and  City  Council  of  Baltimore,  in  fee  simple, 
until  the  use  thereof  shall  be  abandoned  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  the  event  that  any  per- 
son, firm  or  corporation  shall  first  obtain  permission  and 
permits  therefor  from  the  Mayor  and  City  Council  of  Bal- 
timore, and  shall  in  the  application  for  such  permission 
and  permits  agree  to  pay  all  costs  and  charges  of  every 
kind  and  nature  made  necessary  by  such  removal,  alterna- 
tion or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  speci- 
fications and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 


14  ORDINANCES  Ord.  No.  599 

Sec.  4.  And  be  it  farther  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  corporation, 
other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 
upon  notice  from  the  Director  of  Public  Works  of  Balti- 
more City,  be  promptly  removed  by  and  at  the  expense  of 
the  said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after  the 
closing  of  said  highway  or  highways,  the  said  Mayor  and 
City  Council  of  Baltimore,  acting  through  its  duly  author- 
ized representatives,  shall,  at  all  times,  have  access  to  said 
property  and  to  all  subsurface  structures  and  appurte- 
nances used  by  it  therein,  for  the  purposes  of  inspection, 
maintenance,  repair,  alteration,  relocation  and/or  replace- 
ment, of  any  or  all  of  said  structures  and  appurtenances, 
and  this  without  permission  from  or  compensation  to  the 
owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  portions  of  Interstate 
Route  No.  95  and  the  proceedings  and  rights  of  all  parties 
interested  or  affected  thereby,  shall  be  regulated  by,  and  be 
in  accordance  with,  any  and  all  applicable  provisions  of 
Article  4  of  the  Code  of  Public  Local  Laws  of  Maryland  and 
the  Charter  of  Baltimore  City  (1964  Revision)  as  amended 
to  July  1,  1973  and  any  and  all  amendments  thereto,  and 
any  and  all  other  Acts  of  the  General  Assembly  of  Maryland, 
and  any  and  all  ordinances  of  the  Mayor  and  City  Council 
of  Baltimore,  and  any  and  all  rules  or  regulations  in  effect 
which  have  been  adopted  by  the  Director  of  Public  Works 
and  filed  with  the  Department  of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  19, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  15 

No.  600 
(Council  No.  1008) 

An  Ordinance  to  condemn  and  close  certain  portions  of 
Interstate  Route  No.  95  opened  in  accordance  with  Ordi- 
nance No.  1048  approved  June  21,  1967  extending  from 
Sharp  Street  to  Battery  Avenue  in  accordance  with  a  plat 
thereof  numbered  322- A-2,  prepared  by  the  Surveys  and 
Records  Division  and  filed  in  the  Office  of  the  Depart- 
ment of  Public  Works,  on  the  Tenth  (10th)  day  of 
February,  1977,  and  now  on  file  in  said  office. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  certain  portions  of  INTERSTATE  ROUTE  NO. 
95  OPENED  IN  ACCORDANCE  WITH  Ordinance  No. 
1048  approved  June  21,  1967  extending  from  Sharp  Street 
to  Battery  Avenue  the  portions  of  said  ordinance  hereby 
directed  to  be  condemned  for  said  closing  being  described 
as  follows: 

Sheet  1  of  3  comprising  Parcel  No/s : 

1 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Sharp  Street,  Montgomery  Street, 
Peach  Street,  the  right  of  way  line  and  Henrietta  Street 
and  designated  as  Parcel  No.  1. 

2 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Peach  Street,  Montgomery  Street, 
Leadenhall  Street  and  the  right  of  way  line  and  designated 
as  Parcel  No.  2. 

3 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Hughes  Street,  Hanover  Street, 
Montgomery  Street  and  Sharp  Street  and  designated  as 
Parcel  No.  3. 

4 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Leadenhall  Street,  Montgomery 
Street,  Bevan  Street  and  the  right  of  way  line  and  desig- 
nated as  Parcel  No.  4. 


16  ORDINANCES  Ord.  No.  600 

5 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Bevan  Street,  Montgomery  Street, 
Hanover  Street,  Henrietta  Street  and  the  right  of  way  line 
and  designated  as  Parcel  No.  5. 

Sheet  2  of  3  comprising  Parcel  No.'s : 

6 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Charles  Street,  Montgomery  Street, 
Hanover  Street  and  Hughes  Street  and  designated  as  Par- 
cel No.  6. 

7 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Montgomery  Street,  Charles  Street, 
Churchill  Street  and  Hanover  Street  and  designated  as  Par- 
cel No.  7. 

8 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Charles  Street,  Hughes  Street,  Light 
Street  and  Montgomery  Street  and  designated  as  Parcel 
No.  8. 

9 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Montgomery  Street,  Light  Street, 
Churchill  Street  and  Charles  Street  and  designated  as  Par- 
cel No.  9. 


Sheet  3  of  3  comprising  Parcel  No.'s : 


10 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Light  Street,  Key  Highway,  William 
Street,  the  south  outline  of  the  property  known  as  No.  702 
William  Street,  the  east,  north  and  west  outlines  of  the 
property  known  as  No.  122/124  Montgomery  Street,  the 
north  outline  of  the  properties  known  as  No.'s  106  through 
and  including  120  Montgomery  Street,  the  east  outline  of 
the  property  known  as  No.  104  Montgomery  Street,  the 
north  outline  of  the  properties  known  as  No.'s  102  and  104 
Montgomery  Street,  the  west  outline  of  the  property  known 
as  No.  102  Montgomery  Street  and  Montgomery  Street  and 
designated  as  Parcel  No.  10. 

11 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Key  Highway,  Battery  Avenue,  a  10 
foot  alley  laid  out  30  feet  south  of  Key  Highway  the  east 
and  south  outlines  of  the  property  known  as  No.  707/709 


ORDINANCES  17 

William  Street  and  William  Street  and  designated  as  Par- 
cel No.  11. 

The  said  portions  of  said  ordinance  as  directed  to  be 
condemned  being  delineated  and  particularly  shown  on  a 
plat  numbered  322-A-2  which  was  filed  in  the  Office  of  the 
Department  of  Public  Works  on  the  Tenth  (10th)  day  of 
February,  in  the  year  1977  and  is  now  on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  now  owned  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  be  and  continue  to  be  the  property  of 
the  Mayor  and  City  Council  of  Baltimore,  in  fee  simple, 
until  the  use  thereof  shall  be  abandoned  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  the  event  that  any  per- 
son, firm  or  corporation  shall  first  obtain  permission  and 
permits  therefor  from  the  Mayor  and  City  Council  of  Bal- 
timore, and  shall  in  the  application  for  such  permission  and 
permits  agree  to  pay  all  costs  and  charges  of  every  kind 
and  nature  made  necessary  by  such  removal,  alternation  or 
interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  speci- 
fications and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  corporation, 


18  ORDINANCES  Ord.  No.  600 

other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 
upon  notice  from  the  Director  of  Public  Works  of  Baltimore 
City,  be  promptly  removed  by  and  at  the  expense  of  the 
said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after  the 
closing  of  said  highway  or  highways,  the  said  Mayor  and 
City  Council  of  Baltimore,  acting  through  its  duly  author- 
ized representatives,  shall,  at  all  times,  have  access  to  said 
property  and  to  all  subsurface  structures  and  appurte- 
nances used  by  it  therein,  for  the  purposes  of  inspection, 
maintenance,  repair,  alteration,  relocation  and/or  replace- 
ment, of  any  or  all  of  said  structures  and  appurtenances, 
and  this  without  permission  from  or  compensation  to  the 
owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  portions  of  said  ordinance 
and  the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accord- 
ance with,  any  and  all  applicable  provisions  of  Article  4  of 
the  Code  of  Public  Local  Laws  of  Maryland  and  the  Charter 
of  Baltimore  City  (1964  Revision)  as  amended  to  July  1, 
1973  and  any  and  all  amendments  thereto,  and  any  and  all 
other  Acts  of  the  General  Assembly  of  Maryland,  and  any 
and  all  ordinances  of  the  Mayor  and  City  Council  of  Balti- 
more, and  any  and  all  rules  or  regulations  in  eifect  which 
have  been  adopted  by  the  Director  of  Public  Works  and  filed 
with  the  Department  of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  19, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  19 

No.  601 
(Council  No.  1046) 

An  Ordinance  to  amend  Shee4  Ne*  SHEETS  NOS.  48 
AND  58  of  the  Zoning  District  Maps  of  Article  30  of  the 
Baltimore  City  Code  (1966  Edition),  title  "Zoning", 
(Ordinance  1051,  approved  April  20,  1971)  by  changing 
from  the  M-3  Zoning  District  to  the  B-3-1  Zoning  District 
the  property  lying  north  of  Pulaski  Highway  and  east  of 
Haven  Street,  as  outlined  in  red  on  the  plats  accompany- 
ing this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  Ne*  SHEETS  NOS.  48  AND  58  of 
the  Zoning  District  Maps  of  Article  30  of  the  Baltimore 
City  Code  (1966  Edition),  title  "Zoning",  (Ordinance  No. 
1051,  approved  April  20,  1971)  be  and  it  is  hereby  amended 
by  changing  from  the  M-3  Zoning  District  to  the  B-3-1 
Zoning  District  the  property  lying  north  of  Pulaski  High- 
way and  east  of  Haven  Street,  as  outlined  in  red  on  the  plats 
accompanying  this  ordinance. 

SEC.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development  and  the 
Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  December  19, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


20  ORDINANCES  Ord.  No.  603 

No.  602 
(Council  No.  1047) 

An  Ordinance  granting  permission  for  the  establishment, 
maintenance  and  operation  of  a  drive-in  restaurant  on 
the  property  lying  north  of  Pulaski  Highway  and  east 
of  Haven  Street,  as  outlined  in  red  on  the  plats  accom- 
panying this  ordinance,  under  the  provisions  of  Sections 
6.3-ld-3  and  11.0-6d  of  Article  30  of  the  Baltimore  City 
Code  (1966  Edition)  title  "Zoning",  as  ordained  by 
Ordinance  1051,  approved  April  20, 1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  is  hereby  granted  for  the 
establishment,  maintenance  and  operation  of  a  drive-in 
restaurant  on  the  property  lying  north  of  Pulaski  High- 
way and  east  of  Haven  Street,  as  outlined  in  red  on  the 
plats  accompanying  this  ordinance,  under  the  provisions 
of  Sections  6.3-ld-3  and  11.0-6d  of  Article  30  of  the  Balti- 
more City  Code  (1966  Edition),  title  "Zoning",  as  ordained 
by  Ordinance  1051,  approved  April  20, 1971. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  19, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  603 
(Council  No.  1323) 

An  Ordinance  to  condemn  and  close  Lee  Street,  and  extend- 
ing from  Sharp  Street,  Westerly  419.5  feet,  more  or  less, 
to  the  line  of  the  west  side  of  the  former  bed  of  Howard 
Street,  as  condemned  and  closed  in  accordance  with  Ordi- 
nance No.  387  approved  August  16,  1909  in  accordance 
with  a  plat  thereof  numbered  334-A-6,  prepared  by  the 


ORDINANCES  21 

Surveys  and  Records  Division  and  filed  in  the  Office  of  the 
Department  of  Public  Works,  on  the  Eleventh  (11th)  day 
of  November,  1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 
close  Lee  Street,  and  extending  from  Sharp  Street,  Westerly 
419.5  feet,  more  or  less,  to  the  line  of  the  west  side  of  the 
former  bed  of  Howard  Street,  as  condemned  and  closed  in 
accordance  with  Ordinance  No.  387  approved  August  16, 
1909  the  street  hereby  directed  to  be  condemned  for  said 
closing  being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  north  side  of  Lee  Street,  as  now  laid  out  82.5 
feet  wide,  and  the  west  side  of  Sharp  Street,  as  now  laid 
out  66  feet  wide,  and  running  thence  binding  on  the  west 
side  of  said  Sharp  Street,  Southerly  82.5  feet  to  the  south 
side  of  said  Lee  Street ;  thence  binding  on  the  south  side  of 
said  Lee  Street,  Westerly  419.5  feet,  more  or  less,  to  the  line 
of  the  west  side  of  the  former  bed  of  Howard  Street,  82.5 
feet  wide,  as  condemned  and  closed  in  accordance  with 
Ordinance  No.  387  approved  August  16,  1909;  thence 
binding  on  the  line  of  the  west  side  of  the  former  bed  of 
said  Howard  Street,  Northerly  82.5  feet  to  the  north  side 
of  said  Lee  Street;  thence  binding  on  the  north  side  of  said 
Lee  Street,  Easterly  282.5  feet,  more  or  less,  to  the  west  side 
of  Lee  Street,  varying  in  width;  thence  binding  on  the  west, 
north  and  east  sides  of  last  said  Lee  Street,  the  three  fol- 
lowing courses  and  distances;  namely,  Northerly  3.83  feet, 
Easterly  35  feet  and  Southerly  3.61  feet  to  the  north  side  of 
Lee  Street,  mentioned  firstly  herein  and  thence  binding  on 
the  north  side  of  Lee  Street,  mentioned  firstly  herein, 
Easterly  102  feet  to  the  place  of  beginning. 

the  said  Lee  Street  as  directed  to  be  condemned  being  more 
particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 
shown  on  a  plat  numbered  334-A-6  which  was  filed  in  the 
Office  of  the  Department  of  Public  Works  on  the  Eleventh 
(11th)  day  of  November,  in  the  year  1977  and  is  now  on 
file  in  the  said  Office. 


22  ORDINANCES  Ord.  No.  603 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  ap- 
purtenances now  owned  by  the  Mayor  and  City  Council  of 
Baltimore,  shall  be  and  continue  to  be  the  property  of  the 
Mayor  and  City  Council  of  Baltimore,  in  fee  simple,  until 
the  use  thereof  shall  be  abandoned  by  the  Mayor  and  City 
Council  of  Baltimore,  and  in  the  event  that  any  person,  firm 
or  corporation  shall  first  obtain  permission  and  permits 
therefor  from  the  Mayor  and  City  Council  of  Baltimore,  and 
shall  in  the  application  for  such  permission  and  permits 
agree  to  pay  all  costs  and  charges  of  every  kind  and  nature 
made  necessary  by  such  removal,  alteration  or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in  said 
portion  of  said  highway  or  highways  after  the  same  shall 
have  been  closed  under  the  provisions  of  this  ordinance 
until  the  subsurface  structures  and  appurtenances  now 
owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed 
to  be  constructed  or  erected  shall  have  been  abandoned 
or  shall  have  been  removed  and  relaid  in  accordance 
with  the  specifications  and  under  the  direction  of  the 
Director  of  Public  Works  of  Baltimore  City,  and  at  the 
expense  of  the  person  or  persons  or  body  corporate  desiring 
to  erect  such  buildings  or  structures.  Railroad  tracks  shall 
be  taken  to  be  "structures"  within  the  meaning  of  this 
section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said 
highway  or  highways  shall  have  been  closed  under  the 
provisions  of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  corporation, 
other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 
upon  notice  from  the  Director  of  Public  Works  of  Baltimore 
City,  be  promptly  removed  by  and  at  the  expense  of  the 
said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after  the 
closing  of  said  highway  or  highways,  the  said  Mayor  and 
City  Council  of  Baltimore,  acting  through  its  duly  author- 
ized representatives,  shall,  at  all  times,  have  access  to  said 


ORDINANCES  23 

property  and  to  all  subsurface  structures  and  appurtenances 
used  by  it  therein,  for  the  purposes  of  inspection,  mainte- 
nance, repair,  alteration,  relocation  and/or  replacement,  of 
any  or  all  of  said  structures  and  appurtenances,  and  this 
without  permission  from  or  compensation  to  the  owner  or 
owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  Lee  Street  and  the  proceed- 
ings and  rights  of  all  parties  interested  or  affected  thereby, 
shall  be  regulated  by,  and  be  in  accordance  with,  any  and  all 
applicable  provisions  of  Article  4  of  the  Code  of  Public  Local 
Laws  of  Maryland  and  the  Charter  of  Baltimore  City  (1964 
Revision)  as  amended  to  July  1,  1973  and  any  and  all 
amendments  thereto,  and  any  and  all  other  Acts  of  the 
General  Assembly  of  Maryland,  and  any  and  all  ordinances 
of  the  Mayor  and  City  Council  of  Baltimore,  and  any  and  all 
rules  or  regulations  in  effect  which  have  been  adopted 
by  the  Director  of  Public  Works  and  filed  with  the  Depart- 
ment of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  23, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  604 
(Council  No.  1150) 

An  Ordinance  to  condemn  and  open,  all  streets  and  alleys 
referred  to  among  the  Land  Records  of  Baltimore  City 
and  lying  within  the  Govans  Multi-Purpose  Center  Site 
located  at  No.'s  5221-5227  York  Road  in  accordance  with 
a  plat  thereof  numbered,  332-A-ll,  prepared  by  the  Sur- 
veys and  Records  Division  and  filed  in  the  Office  of  the 
Department  of  Public  Works,  on  the  Fourteenth  (14th) 
day  of  July,  1977,  and  now  on  file  in  said  office. 


24  ORDINANCES  Ord.  No.  604 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open, 
all  streets  and  alleys  referred  to  among  the  Land  Records  of 
Baltimore  City  and  lying  within  the  Govans  Multi-Purpose 
Center  Site  located  at  No.'s  5221-5227  York  Road  the  streets 
and  alleys  hereby  directed  to  be  condemned  for  said  opening 
being  described  as  follows : 

1 — An  alley,  4  feet  wide,  beginning  at  a  point  on  the  east 
side  of  York  Road  at  the  distance  of  72.86  feet  southerly, 
measured  along  the  east  side  of  York  Road  from  Glenwood 
Avenue  and  extending  Easterly,  116  feet,  more  or  less,  to  a 
10  foot  alley  laid  out  in  the  rears  of  the  properties  known  as 
No.'s  5217%  through  and  including  5227  York  Road  and 
designated  as  Parcel  No.  1. 

2 — An  alley,  2  feet  wide,  beginning  at  a  point  on  the  east 
side  of  York  Road  at  the  distance  of  123.93  feet  southerly, 
measured  along  the  east  side  of  York  Road  from  Glenwood 
Avenue  and  extending,  Easterly  115  feet,  more  or  less,  to  a 
10  foot  alley  laid  out  in  the  rears  of  the  properties  known  as 
No.'s  52171/2  through  and  including  5227  York  Road  and 
designated  as  Parcel  No.  2. 

3 — An  alley,  10  feet  wide,  laid  out  in  the  rears  of  the 
properties  known  as  No.'s  5217V2  through  and  including 
5227  York  Road  and  extending  from  Glenwood  Avenue, 
Southerly  184  feet,  more  or  less,  to  the  end  thereof  and 
designated  as  Parcel  No.  3. 

the  said  alleys  as  directed  to  be  condemned  being  more 
particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 
shown  on  a  plat  numbered  332-A-ll  which  was  filed  in  the 
Office  of  the  Department  of  Public  Works  on  the  Fourteenth 
(14th)  day  of  July  in  the  year  1977,  and  is  now  on  file  in 
said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  alleys  and  the  proceedings 
and  rights  of  all  parties  interested  or  affected  thereby,  shall 
be  regulated  by,  and  be  in  accordance  with,  any  and  all  ap- 
plicable provisions  of  Article  4  of  the  Code  of  Public  Local 


ORDINANCES  25 

Laws  of  Maryland  and  the  Charter  of  Baltimore  City  (1964 
Revision)  as  amended  to  July  1,  1973  and  any  and  all 
amendments  thereto,  and  any  and  all  other  Acts  of  the 
General  Assembly  of  Maryland,  and  any  and  all  ordinances 
of  the  Mayor  and  City  Council  of  Baltimore,  and  any  and 
all  rules  or  regulations  in  effect  which  have  been  adopted 
by  the  Director  of  Public  Works  and  filed  with  the  Depart- 
ment of  Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 


Approved  December  27, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  605 
(Council  No.  1151) 

An  Ordinance  to  condemn  and  close  all  streets  and  alleys 
referred  to  among  the  Land  Records  of  Baltimore  City 
and  lying  within  the  Govans  Multi-Purpose  Center  Site 
located  at  No.'s  5221-5227  York  Road  in  accordance  with 
a  plat  thereof  numbered  332-A-11A,  prepared  by  the 
Surveys  and  Records  Division  and  filed  in  the  Office  of  the 
Department  of  Public  Works,  on  the  Fourteenth  (14th) 
day  of  July,  1977,  and  now  on  file  in  said  office. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 
close  all  streets  and  alleys  referred  to  among  the  Land 
Records  of  Baltimore  City  and  lying  within  the  Govans 
Multi-Purpose  Center  Site  located  at  No.'s  5221-5227  York 
Road  the  streets  and  alleys  hereby  directed  to  be  condemned 
for  said  closing  being  described  as  follows : 

1 — An  alley,  4  feet  wide,  beginning  at  a  point  on  the 
east  side  of  York  Road  at  the  distance  of  72.86  feet  souther- 
ly, measured  along  the  east  side  of  York  Road  from  Glen- 


26  ORDINANCES  Ord.  No.  605 

wood  Avenue  and  extending  Easterly,  116  feet,  more  or  less, 
to  a  10  foot  alley  laid  out  in  the  rears  of  the  properties 
known  as  No.'s  5217  V&  through  and  including  5227  York 
Road  and  designated  as  Parcel  No.  1. 

2 — An  alley,  2  feet  wide,  beginning  at  a  point  on  the  east 
side  of  York  Road  at  the  distance  of  123.93  feet  southerly, 
measured  along  the  east  side  of  York  Road  from  Glenwood 
Avenue  and  extending,  Easterly  115  feet,  more  or  less,  to  a 
10  foot  alley  laid  out  in  the  rears  of  the  properties  known  as 
No.'s  52171/2  through  and  including  5227  York  Road  and 
designated  as  Parcel  No.  2. 

3 — An  alley,  10  feet  wide,  laid  out  in  the  rears  of  the 
properties  known  as  No.'s  5217%  through  and  including 
5227  York  Road  and  extending  from  Glenwood  Avenue, 
Southerly  184  feet,  more  or  less,  to  the  end  thereof  and 
designated  as  Parcel  No.  3. 

the  said  alleys  as  directed  to  be  condemned  being  more 
particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 
shown  on  a  plat  numbered  332-A-11A  which  was  filed 
in  the  Office  of  the  Department  of  Public  Works  on  the 
Fourteenth  (14th)  day  of  July,  in  the  year  1977  and  is  now 
on  file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  Ordinance,  all  subsurface  structures  and  appurten- 
ances now  owned  by  the  Mayor  and  City  Council  of  Balti- 
more, shall  be  and  continue  to  be  the  property  of  the  Mayor 
and  City  Council  of  Baltimore,  in  fee  simple,  until  the  use 
thereof  shall  be  abandoned  by  the  Mayor  and  City  Council 
of  Baltimore,  and  in  the  event  that  any  person,  firm  or  cor- 
poration shall  first  obtain  permission  and  permits  therefor 
from  the  Mayor  and  City  Council  of  Baltimore,  and  shall 
in  the  application  for  such  permission  and  permits  agree 
to  pay  all  costs  and  charges  of  every  kind  and  nature  made 
necessary  by  such  removal,  alternation  or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 


ORDINANCES  27 

shall  have  been  closed  under  the  provisions  of  this  ordinance 
until  the  sub-surface  structures  and  appurtenances  now- 
owned  by  the  Mayor  and  City  Council  of  Baltimore,  over 
which  said  buildings  or  structures  are  proposed  to  be  con- 
structed or  erected  shall  have  been  abandoned  or  shall  have 
been  removed  and  relaid  in  accordance  with  the  specifica- 
tions and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  buildings 
or  structures.  Railroad  tracks  shall  be  taken  to  be  "struc- 
tures" within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  ordinance,  all  subsurface  structures  and  appurten- 
ances owned  by  any  person,  firm  or  corporation,  other  than 
the  Mayor  and  City  Council  of  Baltimore,  shall  upon  notice 
from  the  Director  of  Public  Works  of  Baltimore  City,  be 
promptly  removed  by  and  at  the  expense  of  the  said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and  appur- 
tenances used  by  it  therein,  for  the  purposes  of  inspection, 
maintenance,  repair,  alteration,  relocation  and/or  replace- 
ment, of  any  or  all  of  said  structures  and  appurtenances, 
and  this  without  permission  from  or  compensation  to  the 
owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  alleys  and  the  proceedings 
and  rights  of  all  parties  interested  or  affected  thereby,  shall 
be  regulated  by,  and  be  in  accordance  with,  any  and  all 
applicable  provisions  of  Article  4  of  the  Code  of  Public 
Local  Laws  of  Maryland  and  the  Charter  of  Baltimore  City 
(1964  Revision)  as  amended  to  July  1,  1973  and  any  and 
all  amendments  thereto,  and  any  and  all  other  Acts  of  the 
General  Assembly  of  Maryland,  and  any  and  all  ordinances 
of  the  Mayor  and  City  Council  of  Baltimore,  and  any  and  all 
rules  or  regulations  in  effect  which  have  been  adopted  by 


28  ORDINANCES  Ord.  No.  606 

the  Director  of  Public  Works  and  filed  with  the  Department 
of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  27, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  606 
(Council  No.  711) 

An  Ordinance  to  condemn  and  close  Danville  Avenue,  70 
feet  wide,  and  extending  from  Clinton  Street,  Westerly 
929  feet,  more  or  less,  to  the  Bulkhead  Line  of  the  North- 
west Branch  Patapsco  River  in  accordance  with  a  plat 
thereof  numbered  328-A-24,  prepared  by  the  Surveys  and 
Records  Division  and  filed  in  the  Office  of  the  Depart- 
ment of  Public  Works,  on  the  Twenty-Seventh  (27th) 
day  of  December,  1976,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  Danville  Avenue,  70  feet  wide,  and  extending 
from  Clinton  Street,  Westerly  929  feet,  more  or  less,  to  the 
Bulkhead  Line  of  the  Northwest  Branch  Patapsco  River 
the  street  hereby  directed  to  be  condemned  for  said  closing 
being  described  as  follows: 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  west  side  of  Clinton  Street,  as  now  laid  out 
70  feet  wide  and  the  south  side  of  Danville  Avenue,  70  feet 
wide  and  running  thence  binding  on  the  south  side  of 
said  Danville  Avenue,  Westerly  929  feet,  more  or  less,  to 
intersect  the  Bulkhead  Line  of  the  Northwest  Branch 
Patapsco  River;  thence  binding  on  said  Bulkhead  Line, 
Northerly  70  feet  to  intersect  the  north  side  of  Danville 
Avenue;  thence  binding  on  the  north  side  of  said  Danville 


ORDINANCES  29 

Avenue,  Easterly  929  feet,  more  or  less,  to  intersect  the 
west  side  of  said  Clinton  Street  and  thence  binding  on  the 
west  side  of  said  Clinton  Street,  Southerly  70  feet  to  the 
place  of  beginning. 

The  said  Danville  Avenue  as  directed  to  be  condemned 
being  more  particularly  described  and  referred  to  among 
the  Land  Records  of  Baltimore  City  and  delineated  and 
particularly  shown  on  a  plat  numbered  328-A-24  which  was 
filed  in  the  Office  of  the  Department  of  Public  Works  on 
the  Twenty-Seventh  (27th)  day  of  December  in  the  year 
1976,  and  is  now  on  file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  ap- 
purtenances now  owned  by  the  Mayor  and  City  Council  of 
Baltimore,  shall  be  and  continue  to  be  the  property  of  the 
Mayor  and  City  Council  of  Baltimore,  in  fee  simple,  until 
the  use  thereof  shall  be  abandoned  by  the  Mayor  and  City 
Council  of  Baltimore,  and  in  the  event  that  any  person, 
firm  or  corporation  shall  desire  to  remove,  alter  or  interfere 
therewith,  such  person,  firm  or  corporation  shall  first  obtain 
permission  and  permits  therefor  from  the  Mayor  and  City 
Council  of  Baltimore,  and  shall  in  the  application  for  such 
permission  and  permits  agree  to  pay  all  costs  and  charges 
of  every  kind  and  nature  made  necessary  by  such  removal, 
alteration  or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  spe- 
cifications and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 


30  ORDINANCES  Ord.  No.  607 

Sec.  4.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and  ap- 
purtenances used  by  it  therein,  for  the  purposes  of  inspec- 
tion maintenance,  repair,  alteration,  relocation  and/or  re- 
placement, of  any  or  all  of  said  structures  and  appurte- 
nances, and  this  without  permission  from  or  compensation 
to  the  owner  or  owners  of  said  land. 

Sec.  5.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  Danville  Avenue  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code 
of  Public  Local  Laws  of  Maryland  and  the  Charter  of 
Baltimore  City  (1964  Revision)  as  amended  to  July  1,  1973 
and  any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and  all 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
and  any  and  all  rules  or  regulations  in  effect  which  have 
been  adopted  by  the  Director  of  Public  Works  and  filed 
with  the  Department  of  Legislative  Reference. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  29, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  607 
(Council  No.  998) 

An  Ordinance  providing  for  one-way  eastbound  traffic  on 
the  first  alley  west  of  Walther  Avenue  from  Hilltop 
Avenue  to  Walther  Avenue. 


ORDINANCES  31 

Section  1.  Beit  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  on  the  first  alley  west  of  Walther  Avenue, 
from  Hilltop  Avenue  to  Walther  Avenue,  traffic  shall  be 
one-way  eastbound. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  day  of  its  passage. 

Approved  December  29, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  608 
(Council  No.  1286) 

An  Ordinance  authorizing  the  acquisition  by  purchase  or 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more of  the  fee  simple  interests  or  such  other  interests 
as  the  Director  of  The  Department  of  Public  Works  may 
deem  necessary  or  sufficient,  in  and  to  certain  pieces  or 
parcels  of  land  situate  in  Baltimore  City,  for  public  high- 
way purposes,  namely  for  the  opening,  widening,  grading, 
construction  and  maintenance  of  Wells  Street,  extending 
from  Charles  Street,  Easterly  332.46  feet  to  Marshall 
Street  and  authorizing  the  acquisition  by  purchase  or 
condemnation  of  any  property,  rights,  interests,  ease- 
ments and/or  franchises  necessary  in  the  opening,  widen- 
ing, grading,  construction  and  maintenance  of  said  Wells 
Street;  and  authorizing  the  making  of  all  necessary  agree- 
ments concerning  said  Wells  Street;  and  authorizing  the 
construction  of  said  Wells  Street;  the  location  and  course 
of  said  Wells  Street  being  shown  on  a  plat  thereof  num- 
bered 117-A-8A,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Director  of  The 
Department  of  Public  Works  on  the  Nineteenth  (19th) 
day  of  August,  1977. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  necessary  to  acquire  by  purchase 
or  condemnation  for  public  highway  purposes,  namely,  for 


32  ORDINANCES  Ord.  No.  608 

the  opening,  widening,  grading,  construction  and  mainte- 
nance of  Wells  Street,  extending  from  Charles  Street,  East- 
erly 332.46  feet  to  Marshall  Street;  the  fee  simple  interests 
or  such  other  interests  as  the  Director  of  The  Department 
of  Public  Works  may  deem  necessary,  in  and  to  the  pieces 
or  parcels  of  land,  situate  in  Baltimore  City,  including  the 
improvements  thereon,  bounded  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  east  side  of  Charles  Street,  as  now  laid  out 
66  feet  wide,  and  the  south  side  of  Wells  Street,  varying  in 
width,  said  point  of  beginning  being  the  beginning  of  the 
parcel  of  land  conveyed  by  Charles  Realty  Corp.  to  The 
Susquehanna  Terminal  Co.  by  deed  dated  October  24,  1963 
and  recorded  among  the  Land  Records  of  Baltimore  City 
in  Liber  J.F.C.  No.  1583,  Folio  46,  and  running  thence 
binding  on  part  of  the  first  line  of  the  parcel  of  land 
described  in  said  deed,  and  on  the  east  side  of  said  Charles 
Street,  there  situate,  South  03°-03'-50"  East  39.38  feet; 
thence  for  new  lines  of  division  through  the  parcel  of  land 
described  in  said  deed,  the  four  following  courses  and  dis- 
tances; namely,  North  86°-55'-20"  East  1.28  feet,  by  a  line 
curving  to  the  left  with  a  radius  of  529.84  feet  the  distance 
of  132.78  feet  which  arc  is  subtended  by  a  chord  bearing 
North  79°-44'-34.75"  East  132.43  feet,  by  a  line  curving  to 
the  right  with  a  radius  of  588.53  feet  the  distance  of  148.86 
feet  which  arc  is  subtended  by  a  chord  bearing  North  79°- 
48'-35.25"  East  148.46  feet  and  North  87°-03/-21"  East 
51.80  feet  to  intersect  the  west  side  of  Marshall  Street,  as 
now  laid  out  20  feet  wide;  thence  binding  on  part  of  the 
eighth  line  of  the  parcel  of  land  described  in  said  deed,  to 
the  end  thereof,  and  on  the  west  side  of  said  Marshall 
Street,  there  situate,  North  07°-31'-50"  East  3.70  feet  to 
intersect  the  south  side  of  said  Wells  Street  and  thence 
binding  on  the  last  line  of  the  parcel  of  land  described  in 
said  deed,  and  on  the  south  side  of  said  Wells  Street,  there 
situate,  South  87°-05'-00"  West  332.46  feet  to  the  place  of 
beginning. 

Containing  6128.11  square  feet  or  0.1407  acre  of  land, 
more  or  less. 

All  courses  and  distances  in  the  above  description  are 
referred  to  the  true  meridian  as  adopted  by  the  Balti- 
more Survey  Control  System. 


ORDINANCES  33 

Including  all  property,  rights,  interests,  easements  and/ 
or  franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  Wells  Street,  the  loca- 
tion and  course  of  said  Wells  Street  being  shown  on  a  plat 
thereof  numbered  117-A-8A,  prepared  by  the  Surveys  and 
Records  Division  and  filed  in  the  office  of  The  Director  of 
The  Department  of  Public  Works  on  the  Nineteenth  (19th) 
day  of  August,  1977. 

Any  mention  of  reference  to  any  streets,  roads,  avenues, 
highways  or  alleys  in  this  ordinance  or  on  the  plat  referred 
to  herein  are  for  the  purpose  of  description  only,  and  shall 
not  be  held  or  taken  to  be  any  evidence  whatever  that  said 
streets,  roads,  avenues,  highways,  alleys  or  any  of  them, 
are  public,  dedicated  or  private  thoroughfares. 

Sec.  2.  And  be  it  further  ordained,  That  the  Director  of 
The  Department  of  Public  Works  or  the  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  hereafter 
from  time  to  time  designate,  is  or  are  hereby  authorized  to 
acquire  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more, and  for  the  purposes  described  in  this  ordinance,  the 
fee  simple  interests  or  such  other  interests  as  the  said 
Director  may  deem  necessary  or  sufficient,  in  and  to  said 
pieces  or  parcels  of  land  and  improvements  thereupon, 
including  all  property,  rights,  interests,  easements  and/or 
franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  Wells  Street.  If  the 
said  Director  of  The  Department  of  Public  Works,  or  per- 
son or  persons  the  Board  of  Estimates  of  Baltimore  City 
may  designate  are  unable  to  agree  with  the  owner  or  owners 
on  the  purchase  price  of  any  of  the  said  pieces  or  parcels 
of  land  and  improvements  thereupon  or  for  any  of  the  said 
properties,  rights,  interests,  easements  and/or  franchises, 
they  shall  forthwith  notify  the  City  Solicitor  of  Baltimore 
City  who  shall  thereupon  institute  in  the  name  of  the  Mayor 
and  City  Council  of  Baltimore  the  necessary  legal  proceed- 
ings to  acquire  by  condemnation  the  fee  simple  interests  or 
such  other  rights,  interests,  easements  and/or  franchises 
as  the  said  Director  may  deem  necessary  or  sufficient  for 
the  purposes  of  said  Wells  Street  Project. 

Sec.  3.  And  be  it  further  ordained,  That  the  proceedings 
for  the  acquisition  by  condemnation  of  the  property  and 


34  ORDINANCES  Ord.  No.  609 

rights  herein  described  and  the  rights  of  all  parties  inter- 
ested or  affected  thereby  shall  be  regulated  by  and  be  in 
accordance  with  the  provisions  of  The  Real  Property  Article 
of  the  Annotated  Code  of  Maryland  (1974),  Title  12, 
Section  101  Et  Seq.  and  any  and  all  amendments  thereto. 

Sec.  4.  And  be  it  further  ordained,  That  the  said  Director 
of  The  Department  of  Public  Works  or  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  designate 
are  also  hereby  authorized  to  negotiate  for  and  to  enter  into 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
any  and  all  necessary  agreements  with  the  Federal  and 
State  Governments,  or  any  of  their  agencies,  and  any  other 
persons,  firms  or  corporations,  in  aid  of,  in  furtherance  of, 
or  in  connection  with  said  Wells  Street  Project;  all  such 
acquisitions  and  agreements  to  be  subject  to  the  approval 
of  the  Board  of  Estimates. 

Sec.  5.  And  be  it  further  ordained,  That  after  the  neces- 
sary agreements  have  been  made  and  the  necessary  proper- 
ties, lands,  rights,  easements  and/or  franchises  have  been 
acquired  as  hereinbefore  provided,  the  Director  of  The 
Department  of  Public  Works  of  Baltimore  City  is  hereby 
authorized  and  directed  to  construct  or  cause  to  be  con- 
structed the  said  Wells  Street  Project,  all  in  accordance 
with  detailed  plans  hereafter  to  be  prepared  therefore  and 
after  said  plans  have  been  approved  by  the  said  Director  of 
The  Department  of  Public  Works. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  29, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  609 
(Council  No.  1162) 

An  Ordinance  to  authorize  the  use  of  the  property  known 
as  2927  Hollins  Ferry  Road  and  a  portion  of  2925  Hollins 


ORDINANCES  35 

Ferry  Road,  as  outlined  in  red  on  the  plats  accompanying 
this  ordinance,  for  an  open  air  off-street  parking  facility 
in  the  R-6  District,  pursuant  to  Sections  4.6-ld  and  11.0- 
6d  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "The  Zoning  Ordinance  of  Baltimore  City" 
(Ordinance  No.  1051)  approved  April  20, 1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  property  known  as  2927  Hollins 
Ferry  Road  and  a  portion  of  2925  Hollins  Ferry  Road,  as 
outlined  in  red  on  the  plats  accompanying  this  ordinance, 
be  and  it  is  hereby  authorized  for  use  as  an  open  air  off- 
street  parking  facility  in  the  R-6  District,  pursuant  to 
Sections  4.6-ld  and  11.0-6d  of  Article  30  of  the  Baltimore 
City  Code  (1966  Edition),  title  "The  Zoning  Ordinance  of 
Baltimore  City"  (Ordinance  No.  1051  approved  April  20, 
1971). 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development,  the 
Commissioner  of  Transit  and  Traffic,  and  the  Zoning  Ad- 
ministrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  December  27, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


36  ORDINANCES  Ord.  No.  610 

No.  610 
(Council  No.  1298) 

An  Ordinance  to  repeal  and  reordain,  with  amendments, 
subsection  (a)  of  Section  8  of  Article  22  of  the  Baltimore 
City  Code  (1966  Edition),  as  amended  by  Ordinance  3058, 
approved  December  1,  1975,  title  "Retirement  Systems," 
subtitle  "Employees'  Retirement  System,"  reducing  the 
Mandatory  contribution  rate  for  members. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  subsection  (a)  of  Section  8  of  Article 
22  of  the  Baltimore  City  Code  (1966  Edition),  as  amended 
by  Ordinance  1058,  approved  December  1,  1975,  title 
"Retirement  Systems,"  subtitle  "Employees'  Retirement 
System,"  be  and  it  is  hereby  repealed  and  reordained,  with 
amendments,  to  read  as  follows : 

Section  8  (a)  Annuity  Savings  Fund.  (1)  The  Annuity 
Savings  Fund  shall  be  a  fund  in  which  shall  be  accumulated 
contributions  from  the  compensation  of  members  to  provide 
for  their  annuities.  Effective  with  the  first  full  payroll 
period  commencing  closest  to  [July  1,  1973]  January  1, 
1978,  the  contributions  by  a  member  to  the  Retirement  Sys- 
tem shall  equal  [six  percent  (6%)]  five  percent  (5%) 
of  his  earnable  compensation,  such  contributions  to  continue 
throughout  such  member's  entire  period  of  service,  sub- 
ject to  the  provisions  in  Section  8(a)  (2).  Provided,  how- 
ever, that  a  male  member  in  the  system  prior  to  July  1, 
1973,  who  is  contributing  at  a  rate  of  contribution  which  is 
less  than  [six  per  cent  (6%)]  five  percent  (5%)  shall  con- 
tinue to  contribute  at  his  present  rate;  and  provided,  fur- 
ther, that  a  female  in  the  system  prior  to  July  1,  1973,  shall 
contribute  at  the  rate  of  contribution  in  effect  prior  to 
July  1, 1973,  for  a  male  member  of  corresponding  age  at  the 
time  of  entrance  into  the  system,  unless  said  rate  exceeds 
[six  percent  (6%)]  five  percent  (5%),  in  which  event  her 
contribution  shall  equal  [six  percent  (6%) J  five  percent 
(5%)  of  her  earnable  compensation.  "Earnable  compensa- 
tion" shall  be  as  denned  in  Section  1,  paragraph  (11)  of 
this  subtitle. 


ORDINANCES  37 

Sec.  2.  And  be  it  further  ordained,  That  in  the  event  it  be 
judicially  determined  that  any  word,  phrase,  clause,  sen- 
tence, paragraph,  section  or  part  in  this  ordinance  or  the 
application  thereof  to  any  person  or  circumstances  is  invalid, 
the  remaining  provisions  and  the  application  of  such  pro- 
visions to  other  persons  or  circumstances  shall  not  be 
affected  hereby,  the  Mayor  and  City  Council  hereby  declar- 
ing that  they  would  have  ordained  the  remaining  provisions 
of  this  ordinance  without  the  word,  phrase,  clause,  sentence, 
paragraph,  section  or  part  or  the  application  thereof  so  held 
invalid,  and  to  this  end  the  provisions  of  this  ordinance  are 
declared  to  be  severable. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  and  from  January  1, 1978. 

Approved  December  27, 1977. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  611 
(Council  No.  1223) 

An  Ordinance  to  amend  the  Inner  Harbor  Project  I  Renewal 
Plan  which  was  approved  by  the  Mayor  and  City  Council 
of  Baltimore  by  Ordinance  No.  1045  approved  June  15, 
1967  and  amended  by  Ordinance  244,  approved  July  23, 
1968,  Minor  Plan  Amendment,  approved  June  4,  1969, 
Ordinance  658,  approved  December  18,  1969,  and  Ordi- 
nance 837,  approved  June  18, 1970,  by  Minor  Plan  Amend- 
ment, approved  December  15,  1971,  by  Minor  Plan 
Amendment,  approved  January  23,  1974,  and  by  Ordi- 
nance 986,  approved  September  15,  1975,  with  regard  to: 
(1)  Section  V — Standards  and  Controls — Paragraph  P 
development  area  controls  revising  controls  for  develop- 
ment areas  13, 15,  and  15a,  eliminating  development  areas 
15b  and  4£e  15D  and  revising  Exhibits  B  and  C  accord- 
ingly. 

Whereas,  the  Inner  Harbor  Project  I  Renewal  Plan  was 
approved  by  the  Mayor  and  City  Council  of  Baltimore  by 


38  ORDINANCES  Ord.  No.  611 

Ordinance  No.  1045  approved  June  15,  1967  and  amended 
by  Ordinance  244,  approved  July  23,  1968,  Minor  Plan 
Amendment,  approved  June  4,  1969,  Ordinance  658,  ap- 
proved December  18,  1969,  and  Ordinance  837,  approved 
June  18,  1970,  by  Minor  Plan  Amendment,  approved  Decem- 
ber 15.  1971.  by  Minor  Plan  Amendment,  approved  January 
23,  1974,  and  by  Ordinance  986,  approved  September  15, 
1975;  and 

Whereas,  no  substantial  change  or  changes  may  be  made 
in  the  Inner  Harbor  Project  I  Renewal  Plan,  without  such 
change  or  changes  being  first  adopted  by  the  Director  of  the 
Department  of  Planning  of  Baltimore  and  adopted  by  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  desires  to  amend  the  Inner  Harbor  Project 
I  Renewal  Plan  with  regard  to:  (1)  Section  V  Standards 
and  Controls — Paragraph  P  Development  Area  Controls 
Revising  Controls  For  Development  Areas  13,  15,  and  15a, 
eliminating  Development  Areas  15b  and  45e  15D  and  re- 
vising Exhibits  B  and  C  accordingly. 

Whereas,  the  following  amendments  were  approved  by 
the  Director  of  the  Department  of  Planning  of  Baltimore  on 
October  13,  1977  and  were  approved  and  recommended  to 
the  City  Council  by  the  Department  of  Housing  and  Com- 
munity Development;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendments  to  the  Inner 
Harbor  Project  I  Renewal  Plan  (hereinafter  referred  to  as 
"Plan")  having  been  duly  reviewed  and  considered  are 
hereby  approved  and  the  Clerk  of  the  City  Council  is  hereby 
directed  to  file  a  copy  of  said  amendments  with  the  Depart- 
ment of  Legislative  Reference  as  a  permanent  public  record 
and  make  the  same  available  for  public  inspection  and  in- 
formation: 

(a)  In  Section  V,  Standards  and  Controls,  Paragraph  P, 
Development  Area  Controls : 

-(44  doloto  "Development  Area  43  m  its  entirety  a»4  *a- 
se*t  m  lieu  thereof  the  following; 


ORDINANCES  39 

"Development  Area  43 

&7  General  Use-?  Commoroial 

fer  Building  Requirements: 

ir  Maximum  Permitted  Height:  Elevation  5Q  leet?  exeept 
fee  limited  extensions  el  specialized  construction,  as  may  fee 
approved  by  the  Agency. 

iir  Vehicular  Access:  Assess  will  fee  permitted  from  the 
surrounding  Streets  through  Development  Area  45?  m  sueh 
a  manner  as  may  fee  approved  fey  the  Department. 

iiir  Parking:  £Pe  Parking  permitted  except  fea?  special 
uses  as  may  fee  approved  fey  the  Department." 

(1)  ON  PAGE  16  OF  THE  PLAN,  DELETE  DEVEL- 
OPMENT AREA  13  IN  ITS  ENTIRETY  AND  INSERT 
IN  LIEU  THEREOF  THE  FOLLOWING: 

DEVELOPMENT  AREA  13 

A.  GENERAL  USE :  COMMERCIAL 

B.  BUILDING  REQUIREMENTS: 

I.  MAXIMUM  PERMITTED  HEIGHT:  ELEVATION 
50  FEET,  EXCEPT  FOR  LIMITED  EXTENSIONS  OF 
SPECIALIZED  CONSTRUCTION,  AS  MAY  BE  AP- 
PROVED BY  THE  DEPARTMENT. 

II.  VEHICULAR  ACCESS:  ACCESS  WILL  BE  PER- 
MITTED FROM  THE  SURROUNDING  STREETS 
THROUGH  DEVELOPMENT  AREA  15,  IN  SUCH  A 
MANNER  AS  MAY  BE  APPROVED  BY  THE  DEPART- 
MENT. 

III.  PARKING:  NO  PARKING  PERMITTED  EX- 
CEPT FOR  SPECIAL  USES  AS  MAY  BE  APPROVED 
BY  THE  DEPARTMENT. 

IV.  PLANNING  REVIEW:  ALL  PRELIMINARY 
AND  FINAL  PLANS  FOR  DEVELOPMENT  AREA  13 
SHALL  BE  SUBJECT  TO  REVIEW  AND  COMMENT 
BY  AN  AD  HOC  ADVISORY  TASK  FORCE  (HERE- 
INAFTER CALLED  TASK  FORCE)  WHICH  SHALL 
BE  ESTABLISHED  BY  THE  COMMISSIONER  OF  THE 
DEPARTMENT  OF  HOUSING  AND  COMMUNITY  DE- 


40  ORDINANCES  Ord.  No.  611 

VELOPMENT  TO  PROVIDE  CITIZEN  INPUT  INTO 
THE  DESIGN  PROCESS  FOR  THE  IMPROVEMENTS 
TO  BE  CONSTRUCTED  WITHIN  SAID  DEVELOP- 
MENT AREA.  THE  SIZE  AND  COMPOSITION  OF  THE 
SAID  TASK  FORCE  SHALL  BE  DETERMINED  BY 
THE  COMMISSIONER  AT  HIS  SOLE  DISCRETION, 
EXCEPT  THAT  THE  TASK  FORCE  SHALL  INCLUDE 
TWO  REPRESENTATIVES  OF  THE  CITY  COUNCIL 
WHO  SHALL  BE  APPOINTED  BY  THE  PRESIDENT. 
THE  DEPARTMENT  SHALL  RETAIN  FINAL  AU- 
THORITY TO  APPROVE  OR  DISAPPROVE  ALL  PRO- 
POSED PLANS  FOR  SAID  AREA. 

(2)  I»  ON  PAGE  16  OF  THE  PLAN,  IN  Development 
Area  15  delete  paragraph  b — Building  Requirements  and 
insert  in  lieu  thereof  the  following: 

"b.  Building  Requirements:  No  building  construction 
will  be  permitted  at  or  above  grade  level  except  for  that 
which  is  related  and  incidental  to  the  General  Use  of  this 
Development  Area,  and  which  is  approved  by  the  Agency; 
provided  that  vehicular  circulation,  other  than  access  to 
Development  areas  is  prohibited  and  provided  further,  that 
parking  at  or  above  grade  is  prohibited  except  for  limited 
short-term  surface  parking  as  may  be  approved  by  the  De- 
partment." 

C.  OPEN  SPACE:  DEVELOPMENT  AREA  15  IS 
HEREBY  DEDICATED  PERPETUALLY  AS  PUBLIC 
OPEN  SPACE  SO  AS  TO  BE  FOREVER  AVAILABLE 
FOR  PUBLIC  USE  AS  DEFINED  IN  SECTION  IV, 
PARAGRAPH  B,  2,  E  HEREIN. 

•(&)•  ift  Development  Area  45a?  delete  the  entire  para 
graph  fer  Building  Requirements,  a«4  insert  m  lieu-  thereof 
the  following: 

^  ir  Maximum  Permitted  Height :  Elevation  50  feety 
except  £&£  limited  extensions  e£  specialized  construction, 
as  may  fee  approved  fey  the  Agency. 

iir  Vehicular  Access:  Access  w41i  fee  permitted  from  the 
surrounding  streets  through  Area  45?  i»  sueh  a  manner 
as  may  fee  approved  fey  the  Department. 

iiir  Parking:  Ne  parking  permitted,  except  fe*  spoeial 
uses  as  may  fee  approved  fey  the  Department." 


ORDINANCES  41 

(3)  ON  PAGE  16  OF  THE  PLAN,  DELETE  DEVEL- 
OPMENT AREA  15A,  IN  ITS  ENTIRETY  AND  INSERT 
IN  LIEU  THEREOF  THE  FOLLOWING: 

DEVELOPMENT  AREA  15 A 

A.  GENERAL  USE:  COMMERCIAL 

B.  BUILDING  REQUIREMENTS: 

I.  MAXIMUM  PERMITTED  HEIGHT:  ELEVATION 
50  FEET,  EXCEPT  FOR  LIMITED  EXTENSIONS  OF 
SPECIALIZED  CONSTRUCTION,  AS  MAY  BE  AP- 
PROVED BY  THE  DEPARTMENT. 

II.  VEHICULAR  ACCESS:  ACCESS  WILL  BE  PER- 
MITTED FROM  THE  SURROUNDING  STREET 
THROUGH  AREA  15,  IN  SUCH  A  MANNER  AS  MAY 
BE  APPROVED  BY  THE  DEPARTMENT. 

III.  PARKING:  NO  PARKING  PERMITTED  EX- 
CEPT FOR  SPECIAL  USES  AS  MAY  BE  APPROVED 
BY  THE  DEPARTMENT. 

IV.  PLANNING  REVIEW:  ALL  PRELIMINARY 
AND  FINAL  PLANS  FOR  DEVELOPMENT  AREA  15A 
SHALL  BE  SUBJECT  TO  REVIEW  AND  COMMENT 
BY  AN  AD  HOC  ADVISORY  TASK  FORCE  (HERE- 
INAFTER CALLED  TASK  FORCE)  WHICH  SHALL 
BE  ESTABLISHED  BY  THE  COMMISSIONER  OF  THE 
DEPARTMENT  OF  HOUSING  AND  COMMUNITY  DE- 
VELOPMENT TO  PROVIDE  CITIZEN  INPUT  INTO 
THE  DESIGN  PROCESS  FOR  THE  IMPROVEMENTS 
TO  BE  CONSTRUCTED  WITHIN  SAID  DEVELOP- 
MENT AREA.  THE  SIZE  AND  COMPOSITION  OF  THE 
SAID  TASK  FORCE  SHALL  BE  DETERMINED  BY 
THE  COMMISSIONER  AT  HIS  SOLE  DISCRETION, 
EXCEPT  THAT  THE  TASK  FORCE  SHALL  INCLUDE 
TWO  REPRESENTATIVES  OF  THE  CITY  COUNCIL 
WHO  SHALL  BE  APPOINTED  BY  THE  PRESIDENT. 
THE  DEPARTMENT  SHALL  RETAIN  FINAL  AU- 
THORITY TO  APPROVE  OR  DISAPPROVE  ALL  PRO- 
POSED PLANS  FOR  SAID  AREA. 

(4)  Delete  ON  PAGE  17  OF  THE  PLAN,  DELETE 
Development  Area  15b  in  its  entirety. 


42  ORDINANCES  Ord.  No.  612 

(5)  delete  ON  PAGE   18  OF  THE  PLAN,  DELETE 

Development  Area  15d  in  its  entirety. 

(b)  Delete  Exhibits  B  and  C  and  insert  in  lieu  thereof 
new  Exhibits  B  and  C  as  revised  October  11, 1977. 

(C)  ON  PAGE  9  OF  THE  PLAN,  IN  SECTION  V, 
STANDARDS  AND  CONTROLS,  DELETE  PARAGRAPH 
D— SERVICING— IN  ITS  ENTIRETY  AND  INSERT  IN 
LIEU  THEREOF  THE  FOLLOWING: 

D.     SERVICING: 

ALL  SERVICING  SHALL  BE  OFF  STREET,  AND 
EXCEPT  WITH  RESPECT  TO  DEVELOPMENT  AREAS 
13  AND  15A  AND  TO  THE  PROPERTIES  NOT  TO 
BE  ACQUIRED,  SHALL  BE  WITHIN  STRUCTURES 
AND  ROOFED,  SO  AS  TO  BE  SCREENED  FROM 
PUBLIC  VIEW.  LOADING  DOCKS  WILL  BE  PRO- 
VIDED AND  MAINTAINED  IN  ACCORDANCE  WITH 
THE  BUILDING  CODE  OF  BALTIMORE  CITY.  OPEN- 
AIR  STORAGE  OF  EQUIPMENT,  MERCHANDISE, 
AND  MATERIALS  IS  PROHIBITED,  EXCEPT  IN  DE- 
VELOPMENT AREAS  17A  AND  25.  OUTSIDE  EX- 
HIBIT OR  DISPLAY  OF  MERCHANDISE  IS  PROHIB- 
ITED EXCEPT  WHERE  SPECIFICALLY  PERMITTED 
BY  THE  DEPARTMENT. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  8,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  612 

(Council  No.  1122) 

An  Ordinance  to  add  new  Section  37(p-9)  to  Article  1  of  the 
Baltimore  City  Code  (1966  Edition),  title  "Mayor,  City 
Council  and  Municipal  Agencies",  subtitle  "Commission 


ORDINANCES  43 

for  Historic  and  Architectural  Preservation",  to  follow 
immediately  after  Section  37(p-8)  thereof,  adding  the 
2000  block  of  Mt.  Royal  Terrace  to  the  Mt.  Royal  Terrace 
— Reservoir  Hill  Historic  and  Architectural  Preservation 
District. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  37(p-9)  be  and  it  is  hereby 
added  to  Section  37  of  Article  1  of  The  Baltimore  City  Code 
(1966  Edition),  Title  "Mayor,  City  Council  and  Munici- 
pal Agencies",  Subtitle  "Commission  for  Historic  and  Archi- 
tectural Preservation",  to  follow  immediately  after  Section 
37  (p-8)  thereof  and  to  read  as  follows : 

87. 

(p-9)  The  parcel  of  land  located  with  the  boundaries  set 
forth  in  this  subsection  are  hereby  declared  to  be  within 
the  Mt.  Royal  Terrace — Reservoir  Hill  Historic  and  Archi- 
tectural Preservation  District. 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  west  side  of  Mt.  Royal  Terrace,  and  the  north 
side  of  Lennox  Street  and  running  thence  binding  on  the 
west  side  of  said  Mt.  Royal  Terrace,  Northerly  313  feet, 
more  or  less,  to  intersect  the  south  side  of  Reservoir  Street; 
thence  binding  on  the  south  side  of  said  Reservoir  Street, 
Westerly  120  feet,  more  or  less,  to  the  east  side  of  a  10  foot 
alley;  thence  binding  on  the  east  side  of  said  10  foot  alley, 
Southerly  78.5  feet,  more  or  less,  to  the  southernmost  ex- 
tremity of  said  10  foot  alley  and  to  the  north  outline  of  the 
property  known  as  No.  2022  Mt.  Royal  Terrace,  there  sit- 
uate; thence  binding  on  the  north  outline  of  said  property, 
Westerly  58  feet,  more  or  less,  to  the  east  side  of  a  15  foot 
alley;  thence  binding  on  the  east  side  of  said  15  foot  alley, 
Southerly  156  feet,  more  or  less,  to  the  south  outline  of  the 
property  known  as  No.  2008  Mt.  Royal  Terrace;  thence 
binding  on  the  south  outline  of  last  said  property,  Easterly 
60  feet,  more  or  less,  to  the  east  side  of  a  10  foot  alley; 
thence  binding  on  the  east  side  of  said  10  foot  alley,  South- 
erly 78  feet,  more  or  less,  to  intersect  the  north  side  of  said 
Lennox  Street  and  thence  binding  on  the  north  side  of 
said  Lennox  Street,  Easterly  118  feet,  more  or  less,  to  the 
place  of  beginning. 


44  ORDINANCES  Ord.  No.  613 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  February  8,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  613 
(Council  No.  1132) 

An  Ordinance  to  authorize  the  use  of  the  properties  known 
as  4042  4021-4027  Frederick  Avenue,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance,  for  an  open  air 
off -street  parking  facility  in  the  B-2-2  District,  pursuant 
to  Sections  6.2-ld  and  11.0-6d  of  Article  30  of  the  Bal- 
timore City  Code  (1966  Edition),  title  "The  Zoning 
Ordinance  of  Baltimore  City"  (Ordinance  No.  1051)  ap- 
proved April  20, 1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  properties  known  as  4021-4027 
Frederick  Avenue,  as  outlined  in  red  on  the  plats  accom- 
panying this  ordinance,  be  and  they  are  hereby  authorized 
for  use  as  an  open  air  Off-street  parking  facility  in  the 
B-2-2  District,  pursuant  to  Sections  11.0-6d  and  6.2-ld  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"The  Zoning  Ordinance  of  Baltimore  City"  (Ordinance  No. 
1051)  approved  April  20, 1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order  to 
give  notice  to  the  departments  which  are  administering  the 
Zoning  Ordinance,  the  President  of  the  City  Council  shall 
sign  the  plat,  and  when  the  Mayor  approves  the  ordinance, 
he  shall  sign  the  plat.  The  City  Treasurer  shall  then  trans- 
mit a  copy  of  the  ordinance  and  one  of  the  plats  to  the  fol- 
lowing: the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Department 


ORDINANCES  45 

of  Housing  and   Community  Development,   the   Commis- 
sioner of  Transit  and  Traffic,  and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  February  8,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  614 
(Council  No.  1185) 

An  Ordinance  to  amend  Sheet  No.  24  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning,"  (Ordinance  No.  1051,  approved 
April  20, 1971)  by  changing  from  the  R-7  Zoning  District 
to  the  M-l-1  Zoning  District  the  property  located  on  the 
south  side  of  Cox  Street  156  feet  west  of  conduit  Avenue, 
as  outlined  in  red  on  the  plats  accompanying  this  ordi- 
nance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  24  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning",  (Ordinance  No.  1051,  approved  April 
20, 1971)  be  and  it  is  hereby  amended  by  changing  from  the 
R-7  Zoning  District  to  the  M-l-1  Zoning  District  the  prop- 
erty located  on  the  south  side  of  Cox  Street  156  feet  west 
of  Conduit  Avenue,  as  outlined  in  red  on  the  plats  accom- 
panying this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  thereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to  the 


46  ORDINANCES  Ord.  No.  615 

following :  the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development  and  the  Zon- 
ing Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  February  8,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  615 
(Council  No.  1354) 

An  Ordinance  to  amend  the  Urban  Renewal  Plan  for  the 
Mid-Town  Belvedere  Area,  which  plan  was  approved  by 
Ordinance  No.  1037,  dated  December  1,  1975  to,  among 
other  things,  (1)  authorize  the  acquisition  by  purchase  or 
by  condemnation  by  the  Mayor  and  City  Council  of  Bal- 
timore, for  Urban  Renewal  purposes  of  certain  proper- 
ties; (2)  revise  certain  exhibits  attached  to  said  plan  to 
indicate  the  changes  provided  therein;  and  (3)  provide 
for  an  effective  date  hereof. 

Whereas,  a  Renewal  Plan  for  Mid-Town  Belvedere  was 
approved  by  the  Mayor  and  City  Council  of  Baltimore  by 
Ordinance  No.  1037,  dated  December  1,  1975,  and  last 
amended  by  Ordinance  No.  374,  dated  June  28, 1977;  and 

Whereas,  pursuant  to  Section  26,  Article  13  of  the  Balti- 
more City  Code  (1966  Edition)  as  amended  by  Ordinance 
No.  152  approved  June  28,  1968,  and  Ordinance  No.  325 
dated  May  31,  1977,  no  substantial  change  or  changes  shall 
be  made  in  any  Renewal  Plan,  after  approval  by  ordinance, 
without  such  change  or  changes  first  being  adopted  and 
approved  in  the  same  manner  as  set  forth  in  said  Section 
26  for  the  approval  of  a  Renewal  Plan,  namely  the  prepara- 
tion of  such  change  or  changes  by  the  Department  of  Hous- 
ing and  Community  Development,  the  approval  of  such 
change  or  changes  by  the  Director  of  the  Department  of 


ORDINANCES  47 

Planning,  and  approval  and  adoption  by  an  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore  after  a  public  hearing 
in  relation  thereto,  all  in  the  manner  set  forth  in  said 
Section  26;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  list  of  changes  to  the  Renewal 
Plan  for  Mid-Town  Belvedere,  known  as  "Amendment  No.  3 
to  the  Urban  Renewal  Plan  for  Mid-Town  Belvedere"  dated 
"December  6, 1977";  and 

Whereas,  said  Amendment  No.  3  to  the  Renewal  Plan  for 
Mid-Town  Belvedere  has  been  approved  by  the  Director 
of  the  Department  of  Planning  on  December  8,  1977,  with 
respect  to  its  conformity  as  to  the  Master  Plan;  the  detailed 
location  of  any  public  improvements  proposed  in  the 
amended  Renewal  Plan;  its  conformity  to  the  rules  and 
regulations  for  subdivisions;  and  all  zoning  changes  pro- 
posed in  the  amended  Renewal  Plan,  and  said  Amendment 
No.  3  to  the  Renewal  Plan  has  been  approved  and  recom- 
mended to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  on  December  8, 1977;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendment  and  changes  to 
the  Renewal  Plan  for  the  Mid-Town  Belvedere  Urban  Re- 
newal Area  having  been  duly  reviewed  and  considered,  are 
hereby  approved,  and  the  Clerk  of  the  City  Council  is  hereby 
directed  to  file  a  copy  of  said  Renewal  Plan  revised  to  include 
Amendment  No.  3,  dated  December  6,  1977,  with  the  De- 
partment of  Legislative  Reference  as  a  permanent  public 
record  and  make  the  same  available  for  public  inspection  and 
information. 

1.  In  the  Table  of  Contents,  page  i,  section  entitled 
"Purposes  for  Acquiring  Properties  Within  the  Project 
Area",  change  the  paragraph  reference  from  "C.l.z."  to 
read"C.l.a." 

2.  In  the  Table  of  Contents,  page  ii,  section  entitled 
"EXHIBITS",  delete  the  dates  of  the  maps  for  Exhibits  2 
and  3  from  "2/14/77"  and  insert  in  lieu  thereof  "12/6/77". 

3.  In  Section  D.,  entitled  "PROCEDURES  FOR 
CHANGES  IN  APPROVED  PLAN,"  page  8,  line  4,  delete 


48  ORDINANCES  Ord.  No.  615 

the  words  "City  Planning  Commission"  and  insert  in  lieu 
thereof  "Director  of  the  Department  of  Planning". 

4.  In  Appendix  A,  entitled  "NON-COMPLYING  USES", 
page  10,  delete  the  following  properties  and  their  respective 
uses: 

1202  N.  Charles  Street  Palmist 

1210  N.  Charles  Street  Massage  Parlor 

1216  N.  Charles  Street  Massage  Parlor 

1220  N.  Charles  Street  Book  Store 

1222  N.  Charles  Street  Massage  Parlor 

1301  N.  Charles  Street  Novelty  Store,  Photo  Studio 

138  W.  Read  Street  Massage  Parlor 

5.  Delete  Exhibits  2  and  3,  dated  2/14/77,  from  the 
Plan  and  insert  in  lieu  thereof  revised  Exhibits  2  and  3, 
dated  12/6/77. 


SEC.  2.  And  be  it  further  ordained,  That  it  is  necessary  to 
acquire,  by  purchase  or  by  condemnation  for  urban  renewal 
purposes,  the  fee  simple  interest  or  any  lesser  interest  in 
and  to  certain  properties  or  portions  thereof,  together  with 
all  right,  title,  interest,  and  estate  that  the  owner  or  owners 
of  said  property  interests  may  have  in  all  streets,  alleys, 
ways  or  lanes,  public  or  private,  both  abutting  the  whole 
area  described  and/or  contained  within  the  perimeter  of 
said  area,  situate  in  Baltimore  City,  Maryland,  and  de- 
scribed as  follows : 

1    OAQ      l\T«-»  -fTT"lo>->/3         A    TTftYIHA 

iuuu  nin  iuiiu  u.a.  »  nnra 

THE  PROPERTY  FORMERLY  KNOWN  AS  1203 
MARYLAND  AVENUE,  NOW  KNOWN  AS  THE  REAR 
PORTION  OF  36  W.  BIDDLE  STREET 

1205  Maryland  Avenue 
1207  Maryland  Avenue 
1209-1223  Maryland  Avenue 

1  OAO    T\/T^v.f^y>    QfvAAf 
XBvB    AV-HJj.  vvii    %*}  VI.  x^w  v 

1204  Morton  Street 

1206  Morton  Street 


ORDINANCES  49 

138-148  W.  Mount  Royal  Avenue 

12  E.  Preston  Street 
14  E.  Preston  Street 
32  E.  Preston  Street 
34  E.  Preston  Street 

Sec.  3.  And  be  it  further  oradined,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more and  for  the  purposes  described  in  this  ordinance,  the 
fee  simple  interest  or  any  lesser  interest  in  and  to  the 
properties  or  portions  thereof  hereinabove  mentioned.  If 
the  said  Real  Estate  Acquisition  Division  of  the  Department 
of  the  Comptroller,  or  such  person  or  persons,  and  in  such 
manner  as  the  Board  of  Estimates  in  the  exercise  of  the 
power  vested  in  it  by  Article  V,  Section  5,  of  the  Baltimore 
City  Charter,  may  hereafter  from  time  to  time  designate, 
is  or  are  unable  to  agree  with  the  owner  or  owners  on  the 
purchase  price  for  said  properties  or  portions  thereof,  it 
or  they  shall  forthwith  notify  the  City  Solicitor  of  Baltimore 
City,  who  shall  thereupon  institute  in  the  name  of  the  Mayor 
and  City  Council  of  Baltimore  the  necessary  legal  proceed- 
ings to  acquire  by  condemnation  the  fee  simple  interest  or 
any  lesser  interest  in  and  to  said  properties  or  portions 
thereof. 

Sec.  4.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  the  Mid-Town  Belvedere  Urban  Renewal  Area  may  not 
meet  the  requirements  as  to  the  content  of  a  Renewal  Plan 
or  the  procedures  for  the  preparation,  adoption,  and  ap- 
proval of  Renewal  Plans,  as  provided  in  Ordinance  No.  152 
approved  June  28,  1968,  and  Ordinance  No.  325  approved 
May  31,  1977,  the  said  requirements  are  hereby  waived  and 
the  amended  Renewal  Plan  approved  hereby  is  exempted 
therefrom. 

Sec.  5.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,   clause, 


50  ORDINANCES  Ord.  No.  615 

sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall 
not  be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  or  the  application 
thereof  so  held  invalid. 

Sec.  6.  And  be  it  further  ordained,  That  in  any  case  where 
a  provision  of  this  ordinance  concerns  the  same  subject 
matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that,  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  standard 
for  the  promotion  of  the  public  health  and  safety  shall 
prevail.  In  any  case  where  a  provision  of  this  ordinance  is 
found  to  be  in  conflict  with  an  existing  provision  of  any 
other  ordinance  or  code  or  regulation  in  force  in  the  City 
of  Baltimore  which  establishes  a  lower  standard  for  the 
promotion  and  protection  of  the  public  health  and  safety, 
the  provision  of  this  ordinance  shall  prevail,  and  the  other 
existing  provision  of  such  other  ordinance  or  code  or 
regulation  is  hereby  repealed  to  the  extent  that  it  may  be 
found  in  conflict  with  this  ordinance. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  8,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  51 

No.  616 
(Council  No.  950) 

An  Ordinance  to  amend  Sheet  No.  15  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning",  (Ordinance  No.  1051,  approved 
April  20,  1971)  by  changing  from  the  B-l-1  Zoning  Dis- 
trict to  the  R-l  Zoning  District  the  property  on  the  west 
side  of  Lawndale  Avenue,  north  of  Windhurst  WYND- 
HURST  Avenue  as  outlined  in  red  on  the  plats  accom- 
panying this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  15  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning",  (Ordinance  No.  1051,  approved  April 
20,  1971)  be  and  it  is  hereby  amended  by  changing  from 
the  B-l-1  Zoning  District  to  the  R-l  Zoning  District  the 
property  on  the  West  Side  of  Lawndale  Avenue,  North  of 
Windhurst  WYNDHURST  Avenue  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to  the 
following:  The  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development,  the  Com- 
missioner of  Transit  and  Traffic  and  the  Zoning  Admin- 
istrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


52  ORDINANCES  Ord.  No.  617 

No.  617 
(Council  No.  951) 

An  Ordinance  granting  permission  to  Wyndhurst  Prop- 
erties, Inc.  for  the  establishment,  maintenance  and  oper- 
ation of  a  ground  level  open  area  for  the  parking  of 
motor  vehicles  in  the  R-l  District  on  the  property  located 
on  the  west  side  of  Lawndale  Avenue  and  generally 
known  as  5010  Lawndale  Avenue,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance,  under  the  provi- 
sions of  Sections  4.1-2d  and  11.0-6d  of  Article  30  of  the 
Baltimore  City  Code  (1966  Edition),  title  "Zoning  Ordi- 
nance," (Ordinance  1051,  approved  April  20,  1971). 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  be  and  the  same  is  hereby 
granted  to  Wyndhurst  Properties,  Inc.  for  the  establish- 
ment, maintenance  and  operation  of  a  ground  level  open 
area  for  the  parking  of  motor  vehicles  in  the  R-l  District 
on  the  property  located  on  the  West  side  of  Lawndale  Avenue 
and  generally  known  as  5010  Lawndale  Avenue,  as  outlined 
in  red  on  the  plats  accompanying  this  ordinance,  under 
the  provisions  of  Sections  4.1-2d  and  11.0-6d  of  Article  30 
of  the  Baltimore  City  Code  (1966  Edition),  title  "Zoning 
Ordinance,"   (Ordinance  1051,  approved  April  20,  1971). 

SEC.  2.  AND  BE  IT  FURTHER  ORDAINED,  THAT 
NO  PARKING  SHALL  BE  PERMITTED  ON  THIS  PROP- 
ERTY UNTIL  A  DEVELOPMENT  PLAN  HAS  BEEN 
APPROVED  BY  THE  PLANNING  COMMISSION  AND 
A  BUILDING  PERMIT  OBTAINED. 

Sec.  2  3.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following:  The  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development,  the  Com- 


ORDINANCES  53 

missioner  of  Transit  and  Traffic  and  the  Zoning  Admin- 
istrator. 

Sec.  3  4.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  618 
(Council  No.  1050) 

An  Ordinance  to  authorize  the  use  of  the  properties  on  the 
north  side  of  West  North  Avenue,  west  of  Druid  Hill 
Avenue,  known  as  1322  to  1328  West  North  Avenue,  as 
outlined  in  red  on  the  plats  accompanying  this  ordi- 
nance, for  an  open  air  off-street  parking  facility  in  the 
B-2-3  District,  pursuant  to  Section  6.2-1  d  of  Article  30 
of  the  Baltimore  City  Code  (1966  Edition),  title  "The 
Zoning  Ordinance  of  Baltimore  City"  (Ordinance  No. 
1051)  approved  April  20, 1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  properties  on  the  North  side  of 
West  North  Avenue,  West  of  Druid  Hill  Avenue,  known  as 
1322  to  1328  West  North  Avenue,  as  outlined  in  red  on  the 
plats  accompanying  this  ordinance,  be  and  they  are  hereby 
authorized  for  use  as  an  open  air  off-street  parking  facil- 
ity in  the  B-2-3  District,  pursuant  to  Section  6.2-ld  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"The  Zoning  Ordinance  of  Baltimore  City"  (Ordinance  No. 
1051)  approved  April  20, 1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 


54  ORDINANCES  Ord.  No.  619 

nance,  he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following:  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development,  the 
Commissioner  of  Transit  and  Traffic,  and  the  Zoning  Ad- 
ministrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  619 
(Council  No.  1290) 

An  Ordinance  to  repeal  and  reordain,  with  amendments, 
Sections  104C  and  104D  of  Article  1  of  the  Baltimore 
City  Code  (1966  Edition),  title,  "Mayor,  City  Council, 
and  Municipal  Agencies,"  subtitle,  "Self-Insurance  Pro- 
gram," amending  the  terms  of  the  "Liability  Reserve 
Fund"  for  the  System  of  Self -insurance  of  the  City  and 
the  Procedures  with  respect  to  the  use  of  the  "Liability 
Reserve  Fund." 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sections  104C  and  104D  of  Article  1 
of  the  Baltimore  City  Code  (1966  Edition),  title,  "Mayor, 
City  Council,  and  Municipal  Agencies,"  subtitle,  "Self- 
insurance  Program,"  as  ordained  by  Ordinance  No.  332, 
approved  May  17,  1973,  and  as  amended  by  Ordinance  No. 
492,  approved  August  16,  1977,  be  and  they  are  hereby 
repealed  and  reordained,  with  amendments,  to  read  as 
follows : 

104C. 

The  Comptroller  is  hereby  authorized  and  directed  to 
create  a  fund  to  be  known  as  the  "Liability  Reserve  Fund" 


ORDINANCES  55 

for  which  purpose  there  shall  be  appropriated  annually 
the  sum  of  not  less  than  One  Hundred  Thousand  Dollars 
($100,000.00),  said  sum  to  be  provided  for  annually  in  the 
Ordinance  of  Estimates  for  each  year  beginning  with  the 
Ordinance  of  Estimates  for  the  fiscal  year  1974.  The  ap- 
propriation to  the  Liability  Reserve  Fund  shall  continue 
until  the  accumulations  therefrom,  together  with  the  earn- 
ings of  the  same,  and  the  balance  from  the  Self-insurance 
Fund  as  hereinafter  provided,  less  such  expenditures  or 
disbursements  therefrom  as  may  be  made,  shall  amount  to 
£the  sum  of  One  Million  Dollars  ($1,000,000) .  At  such  time 
that  the  Liability  Reserve  Fund  has  accumulated  One  Mil- 
lion Dollars  ($1,000,000),  then  the  annual  appropriation 
shall  cease ;  however,  if  said  reserve  fund  shall  subsequently 
become  less  than  One  Million  Dollars  ($1,000,000),  then 
in  such  event  the  Ordinance  of  Estimates  for  the  ensuing 
fiscal  year  shall  appropriate  such  sum  of  money  necessary 
to  obtain  the  reserve  of  One  Million  Dollars  ($1,000,000), 
provided  said  annual  appropriation  shall  not  exceed  One 
Hundred  Thousand  Dollars  ($100,000).!  such  sum  in  ex- 
cess of  One  Million  Dollars  ($1,000,000)  but  not  more  than 
Two  Million  Five  Hundred  Thousand  Dollars  ($2,500,000) 
as  established  and  determined  by  the  Board  of  Estimates. 
The  appropriation  so  made  and  any  other  sums  to  be  paid 
to  the  fund  shall  be  turned  over  by  the  Comptroller  to  the 
Commissioners  of  Finance  of  the  Mayor  and  City  Council 
of  Baltimore  to  be  held  and  invested  by  the  Commissioners 
of  Finance  as  hereinafter  provided. 

104D. 

The  "Liability  Reserve  Fund"  shall  be  used  to  pay  any 
sums  that  the  Mayor  and  City  Council  of  Baltimore  may 
be  liable  for  pursuant  to  its  Self-insurance  Program  only 
after  the  sums  provided  for  in  Section  104B  of  this  act  have 
been  expended[.J  or  encumbered. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


56  ORDINANCES  Ord.  No.  620 

No.   620 
(Council  No.  1306) 

An  Ordinance  to  repeal  and  reordain  with  amendments  Sec- 
tion 11.0-6c-l  of  Article  30  of  the  Baltimore  City  Code 
(1966  Edition),  title  "The  Zoning  Ordinance  of  Baltimore 
City",  subtitle  "Administration  and  Enforcement",  as 
ordained  by  Ordinance  1051,  approved  April  20,  1971, 
requiring  a  statement  to  accompany  the  introduction  of 
bills  granting  permission  for  a  conditional  use. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Section  11.0-6c-l  of  Article  30  of  the 
Baltimore  City  Code  (1966  Edition),  title  "The  Zoning 
Ordinance  of  Baltimore  City",  Subtitle  "Administration  and 
Enforcement",  as  ordained  by  Ordinance  1051,  approved 
April  20,  1971,  be  and  it  is  hereby  repealed  and  reordained 
with  amendments  to  read  as  follows : 

11.0-6 

c.     Action  by  the  City  Council 

1.  Each  ordinance  which  proposes  amendment  relating 
to  specific  properties  or  grants  permission  for  a  conditional 
use  shall,  upon  its  introduction,  be  accompanied  by  a  written 
statement  of  the  changes  sought  and  a  description  of  the 
intended  uses.  Such  statement  shall  not  be  incorporated  in 
the  ordinance  but  shall  be  filed  with  it  for  the  purpose  of 
informing  the  City  Council,  the  referral  agencies  and  the 
public.  Such  statement  shall  include,  but  need  not  be  limited 
to,  date  of  purchase  of  the  property  and  title  reference, 
existence  of  any  contract  contingent  on  zoning  change  and 
the  names  and  addresses  of  such  parties  to  the  contract,  and 
the  names  of  all  principals  for  whom  the  requesting  party 
may  be  acting  as  agent  including  the  names  of  majority 
stockholders  of  any  corporation  named. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  57 

No.  621 
(Council  No.  1333) 

An  Ordinance  providing  for  a  Supplementary  Special  Fund 
Appropriation  in  the  amount  of  One  Hundred  Forty-three 
Thousand  Seven  Hundred  Thirty-nine  Dollars  ($143,739) 
to  the  Department  of  Recreation  and  Parks  to  be  used 
for  pruning,  innoculating,  spraying,  and  replacing  trees 
to  combat  Dutch  Elm  Disease,  in  accordance  with  the 
provisions  of  Article  VI,  Section  2(h)  (3)  of  the  Baltimore 
City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  rev- 
enues produced  by  interest  on  investments  of  funds  received 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977  in  excess  of  the  revenues  estimated  and  relied  upon 
by  the  Board  of  Estimates  in  determining  the  tax  levy 
required  to  balance  the  budget  for  the  1978  fiscal  year  and 
are  therefor  available  for  appropriation  to  the  Department 
of  Recreation  and  Parks  pursuant  to  the  provisions  of 
Article  VI,  Section  2(h)  of  the  Baltimore  City  Charter 
(1964  Revision) ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
30th  day  of  November,  1977,  all  in  accordance  with  Article 
VI,  Section  2(h)(3)  of  the  1964  revised  Charter  of  Balti- 
more City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)(3)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  One  Hundred  Forty-three  Thousand 
Seven  Hundred  Thirty-nine  Dollars  ($143,739)  shall  be 
made  available  to  the  Department  of  Recreation  and  Parks 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  pruning,  innoculating,  spraying,  and  replac- 
ing trees  to  combat  Dutch  Elm  Disease.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 


58  ORDINANCES  Ord.  No.  622 

tion  shall  be  expended  from  revenue  derived  from  interest 
on  investments  of  funds  received  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977  in  excess  of 
the  amount  from  this  source  which  was  estimated  or  relied 
upon  by  the  Board  of  Estimates  in  determining  the  tax 
levy  required  to  balance  the  budget  for  the  1978  fiscal  year; 
and  said  funds  shall  be  the  source  of  revenue  for  this  sup- 
plementary special  fund  appropriation,  as  required  by 
Article  VI,  Section  2  of  the  1964  revised  Charter  of  Balti- 
more City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  622 
(Council  No.  1334) 

An  Ordinance  providing  for  a  Supplementary  Special  Fund 
Appropriation  in  the  amount  of  Three  Hundred  Thousand 
Dollars  ($300,000)  to  the  Department  of  Recreation  and 
Parks  to  be  used  for  Redeveloping  the  Baltimore  City 
Zoo,  in  accordance  with  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  1977-1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
28th  day  of  September,  1977,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of  Balti- 
more City. 


ORDINANCES  59 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Hundred  Thousand  Dol- 
lars ($300,000)  shall  be  made  available  to  the  Department 
of  Recreation  and  Parks  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  redeveloping  the 
Baltimore  City  Zoo.  The  amount  thus  made  available  as  a 
supplementary  special  fund  appropriation  shall  be  expended 
from  a  grant  of  funds  to  the  Mayor  and  City  Council  of 
Baltimore  by  the  State  of  Maryland  under  the  State  Open 
Space  Program,  said  sum  being  made  available  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid  pur- 
pose; and  said  funds  from  the  State  of  Maryland  shall  be 
the  source  of  revenue  for  this  supplementary  special  fund 
appropriation,  as  required  by  Article  VI,  Section  2(h)(2) 
of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained.  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  623 

(Council  No.  1335) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Thirty-Five  Thousand 
Dollars  ($35,000)  to  the  Community  Relations  Commis- 
sion to  be  used  for  testing  methods  by  which  to  institute 
and  implement  new  intake,  rapid  processing  and  backlog 
procedures,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)(2)  of  the  Baltimore  City  Charter 
(1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected  with 


60 


ORDINANCES 


Ord.  No.  623 


reasonable  certainty  at  the  time  of  the  formulation  of  the 
fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
23rd  day  of  November,  1977,  all  in  accordance  with  Article 
VI,  Section  2(h)  (2)  of  the  1964  revised  Charter  of  Balti- 
more City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Bal- 
timore City,  the  sum  of  Thirty-five  Thousand  Dollars 
($35,000)  shall  be  made  available  to  the  Community  Rela- 
tions Commission  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year  end- 
ing June  30,  1978  for  the  purpose  of  testing  methods  by 
which  to  institute  and  implement  new  intake,  rapid  pro- 
cessing and  backlog  procedures.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Equal  Employ- 
ment Opportunity  Commission,  said  sum  being  allotted  to 
the  Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose;  and  said  funds  from  said  Federal  Equal  Employ- 
ment Opportunity  Commission  shall  be  the  source  of  revenue 
for  this  supplementary  special  fund  appropriation,  as  re- 
quired by  Article  VI,  Section  2(h)  (2)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  61 

No.  624 
(Council  No.  1355) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Thousand  Two  Hun- 
dred Twenty-five  Dollars  ($4,225)  to  the  Civic  Center 
Commission  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section  2- 
(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Thousand  Two  Hundred 
Twenty-five  Dollars  ($4,225)  shall  be  made  available  to 
the  Civic  Center  Commission  of  the  City  of  Baltimore  as 
a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Baltimore 
by  the  Federal  Government  under  the  Intergovernmental 
Antirecession  Assistance  Act  of  1977,  said  sum  being 
allotted  to  the  Mayor  and  City  Council  of  Baltimore  for 
the  aforesaid  purpose;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 


62  ORDINANCES  Ord.  No.  625 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  625 

(Council  No.  1356) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seven  Thousand  Ninety- 
one  Dollars  ($7,091)  to  the  Civil  Service  Commission  to 
be  used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)  (2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seven  Thousand  Ninety-one  Dol- 
lars ($7,091)  shall  be  made  available  to  the  Civil  Service 
Commission  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 


ORDINANCES  63 

propriation  shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  626 

(Council  No.  1357) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seventy-seven  Thousand 
Forty-three  Dollars  ($77,043)  to  the  Community  College 
of  Baltimore  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  accord- 
ance with  the  provisions  of  Article  VI,  Section  2(h)(2) 
of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 


64  ORDINANCES  Ord.  No.  627 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seventy-seven  Thousand  Forty- 
three  Dollars  ($77,043)  shall  be  made  available  to  the 
Community  College  of  Baltimore  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Baltimore 
by  the  Federal  Government  under  the  Intergovernmental 
Antirecession  Assistance  Act  of  1977,  said  sum  being  al- 
lotted to  the  Mayor  and  City  Council  of  Baltimore  for  the 
aforesaid  purpose;  and  said  funds  from  said  Federal  Gov- 
ernment shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Provided  that  said  sum  of  Seventy-seven  Thousand  Forty- 
three  Dollars  ($77,043)  shall  be  appropriated  as  follows: 

Program  430,  Administration  of  College $  7,649 

Program  431,  Instruction  $55,526 

Program  432,  Operational  Plant  Maintenance  $  6,943 

Program  433,  Student  Services $  6,925 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  627 
(Council  No.  1358) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Thousand  Sixty- 


ORDINANCES  65 

three  Dollars  ($4,063)  to  the  Community  Relations  Com- 
mission to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Beit  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Thousand  Sixty-three 
Dollars  ($4,063)  shall  be  made  available  to  the  Community 
Relations  Commission  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  An- 
tirecession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose ;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI, 
Section  2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


66  ORDINANCES  Ord.  No.  628 

No.  628 
(Council  No.  1359) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Eighteen  Thousand  Nine 
Hundred  Eleven  Dollars  ($18,911)  to  the  Department 
of  Comptroller  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)  (2)  of  the  1964  revision  of  the  Charter  otf 
Baltimore  City,  the  sum  of  Eighteen  Thousand  Nine  Hun- 
dred Eleven  Dollars  ($18,911)  shall  be  made  available  to 
the  Department  of  Comptroller  of  the  City  of  Baltimore  as 
a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Baltimore 
by  the  Federal  Government  under  the  Intergovernmental 
Antirecession  Assistance  Act  of  1977,  said  sum  being  al- 
lotted to  the  Mayor  and  City  Council  of  Baltimore  for  the 
aforesaid  purpose;  and  said  funds  from  said  Federal  Gov- 
ernment shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 


ORDINANCES  67 

Provided  that  said  sum  of  Eighteen  Thousand  Nine  Hun- 
dred Eleven  Dollars  ($18,911)  shall  be  appropriated  as 
follows : 

Program  130,  Executive  Direction  and 
Control  $    594 

Program  131,  Audits $7,694 

Program  132,  Real  Estate 
Acquisition  and  Management $2,132 

Program  135,  Insurance  on  City  Facilities  ....     $    201 

Program  536,  Markets  and 
Harbor  Administration  $8,290 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  629 

(Council  No.  1360) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Three 
Hundred  Seventy-five  Dollars  ($1,375)  to  the  City  Coun- 
cil to  be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 


68  ORDINANCES  Ord.  No.  630 

18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Three  Hundred 
Seventy-five  Dollars  ($1,375)  shall  be  made  available  to 
the  City  Council  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  An- 
tirecession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose ;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI, 
Section  2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  630 
(Council  No.  1361) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Twelve 
Dollars  ($1,012)  to  the  City  Council  Office  of  Financial 
Review  to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 


ORDINANCES  69 

with  the  provisions  of  Article  VI,  Section  2(h)(2)   of 
the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Twelve  Dollars 
($1,012)  shall  be  made  available  to  the  City  Council  Office 
of  Financial  Review  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose;  and  said  funds  from  said  Federal  Govern- 
ment shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI,  Sec- 
tion 2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


70  ORDINANCES  Ord.  No.  631 

No.  631 
(Council  No.  1362) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-one  Thousand 
Seven  Hundred  Fifty-six  Dollars  ($21,756)  to  the  Su- 
preme Bench  of  Baltimore  City  to  be  used  for  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twenty-one  Thousand  Seven 
Hundred  Fifty-six  Dollars  ($21,756)  shall  be  made  avail- 
able to  the  Supreme  Bench  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 


ORDINANCES  71 

VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 

City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  632 
(Council  No.  1363) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Fifty  Dol- 
lars ($150)  to  the  Orphans'  Court  of  Baltimore  City  to 
be  used  for  paying  for  negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Hundred  Fifty  Dollars 
($150)  shall  be  made  available  to  the  Orphans'  Court  of 
the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 


72  ORDINANCES  Ord.  No.  633 

the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  633 
(Council  No.  1364) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seventeen  Thousand 
Seven  Hundred  Ninety-six  Dollars  ($17,796)  to  the 
State's  Attorney  for  Baltimore  City  to  be  used  for  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 


ORDINANCES  73 

18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)  (2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seventeen  Thousand  Seven 
Hundred  Ninety-six  Dollars  ($17,796)  shall  be  made  avail- 
able to  the  State's  Attorney  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  634 

(Council  No.  1365) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seven  Hundred  Eighty- 
nine  Dollars  ($789)  to  the  Office  of  Disaster  Control  and 
Civil  Defense  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 


74  ORDINANCES  Ord.  No.  634 

cordance  with  the  provisions  of  Article  VI,  Section  2- 
(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seven  Hundred  Eighty-nine 
Dollars  ($789)  shall  be  made  available  to  the  Office  of 
Disaster  Control  and  Civil  Defense  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum  being 
allotted  to  the  Mayor  and  City  Council  of  Baltimore  for 
the  aforesaid  purpose;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  75 

No.  635 
(Council  No.  1366) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Million  Three  Hun- 
dred Fourteen  Thousand  Eight  Hundred  Fifteen  Dollars 
($1,314,815)  to  the  Department  of  Education  to  be  used 
for  paying  for  Negotiated  Salary  and  Wage  Increases 
and  Longevity  Increments,  in  accordance  with  the  pro- 
visions of  Article  VI,  Section  2(h)(2)  of  the  Baltimore 
City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Million  Three  Hundred 
Fourteen  Thousand  Eight  Hundred  Fifteen  Dollars 
($1,314,815)  shall  be  made  available  to  the  Department  of 
Education  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 
propriation shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary  special 


76  ORDINANCES  Ord.  No.  636 

fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 

Provided  that  said  sum  of  One  Million  Three  Hundred 
Fourteen  Thousand  Eight  Hundred  Fifteen  Dollars 
($1,314,815)  shall  be  appropriated  as  follows: 

Program  400,  Administrative 

Direction  and  Control  $  49,560 

Program  401,  Instructional  Services $853,210 

Program  402,  Pupil  Personnel  Services  $  55,318 

Program  404,  Plant  Operation  Services $166,997 

Program  405,  Plant  Maintenance  Services  ..  $  30,240 

Program  407,  Student  Body  Services $         29 

Program  411,  Educational  Services  for 

Exceptional  Children  $159,461 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  636 
(Council  No.  1367) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Thousand  Fifty-five 
Dollars  ($2,055)  to  the  Boards  of  Trustees  of  Employees 
Retirement  Systems  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 


ORDINANCES  77 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Thousand  Fifty-five  Dollars 
($2,055)  shall  be  made  available  to  the  Boards  of  Trustees 
of  Employees  Retirement  System  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  637 
(Council  No.  1368) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Sixty-eight  Thousand 


78  ORDINANCES  Ord.  No.  637 

Four  Hundred  Thirty-three  Dollars  ($68,433)  to  the 
Department  of  Finance  to  be  used  for  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments, in  accordance  with  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Sixty-eight  Thousand  Four 
Hundred  Thirty-three  Dollars  ($68,433)  shall  be  made 
available  to  the  Department  of  Finance  of  the  City  of 
Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available  as 
a  supplementary  special  fund  appropriation  shall  be  ex- 
pended from  a  grant  of  funds  to  the  Mayor  and  City  Council 
of  Baltimore  by  the  Federal  Government  under  the  Inter- 
governmental Antirecession  Assistance  Act  of  1977,  said 
sum  being  allotted  to  the  Mayor  and  City  Council  of  Balti- 
more for  the  aforesaid  purpose;  and  said  funds  from  said 
Federal  Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Provided  that  said  sum  of  Sixty-eight  Thousand  Four 
Hundred  Thirty-three  Dollars  ($68,433)  shall  be  appro- 
priated as  follows : 


ORDINANCES  79 

Program  140,  Administrative 

Direction  and  Control $     697 

Program  141,  Budget  and 
Management  Research $  5,758 

Program  142,  Accounting  Systems 
and  Operations  $13,736 

Program  143,  Collections  and  Receipts $10,143 

Program  144,  Purchasing $  6,714 

Program  145,  Warehousing  $17,011 

Program  147,  Management 
Information  Services  $14,374 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  638 
(Council  No.  1369) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Hundred  Ten  Thou- 
sand Six  Hundred  Forty-one  Dollars  ($310,641)  to  the 
Fire  Department  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 


80  ORDINANCES  Ord.  No.  638 

by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Hundred  Ten  Thousand 
Six  Hundred  Forty-one  Dollars  ($310,641)  shall  be  made 
available  to  the  Fire  Department  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Provided  that  said  sum  of  Three  Hundred  Ten  Thousand 
Six  Hundred  Forty-one  Dollars  ($310,641)  shall  be  appro- 
priated as  follows: 

Program  210,  Administrative 

Direction  and  Control  $     5,887 

Program  211,  Training $    3,033 

Program  212,  Fire  Suppression  $281,840 

Program  213,  Fire  Prevention $     6,195 

Program  215,  Fire  Alarm 
and  Communications  $     9,308 

Program  217,  Equipment  Maintenance $     4,378 


ORDINANCES  81 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  639 
(Council  No.  1370) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Eighty-nine  Thousand 
Nine  Hundred  Eighty-one  Dollars  ($89,981)  to  the  De- 
partment of  Health  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Eighty-nine  Thousand  Nine 
Hundred  Eighty-one  Dollars  ($89,981)  shall  be  made  avail- 
able to  the  Department  of  Health  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 


82  ORDINANCES  Ord.  No.  639 

mentary  special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum  being 
allotted  to  the  Mayor  and  City  Council  of  Baltimore  for  the 
aforesaid  purpose;  and  said  funds  from  said  Federal  Gov- 
ernment shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Provided  that  said  sum  of  Eighty-nine  Thousand  Nine 
Hundred  Eighty-one  Dollars  ($89,981)  shall  be  appropri- 
ated as  follows: 

Program  240,  Animal  Control $  3,072 

Program  300,  Administrative 

Direction  and  Control $25,723 

Program  302,  Environmental  Health $15,037 

Program  304,  Adult  Health  Services $  8,741 

Program  305,  Maternal  and  Infant  Services  ..  $     744 

Program  306,  General  Nursing  Services $23,193 

Program  307,  Mental  Health  Services $  3,110 

Program  308,  Children  and  Youth  Services  ..  $  4,859 

Program  311,  Health  Services 

for  the  Aging $  5,502 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  83 

No.  640 
(Council  No.  1371) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Seventy- 
two  Dollars  ($172)  to  the  Commission  for  Historical  and 
Architectural  Preservation  to  be  used  for  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Hundred  Seventy-two  Dol- 
lars ($172)  shall  be  made  available  to  the  Commission  for 
Historical  and  Architectural  Preservation  of  the  City  of 
Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available  as 
a  supplementary  special  fund  appropriation  shall  be  ex- 
pended from  a  grant  of  funds  to  the  Mayor  and  City  Council 
of  Baltimore  by  the  Federal  Government  under  the  Inter- 
governmental Antirecession  Assistance  Act  of  1977,  said 
sum  being  allotted  to  the  Mayor  and  City  Council  of  Balti- 
more for  the  aforesaid  purpose;  and  said  funds  from  said 
Federal  Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 


84  ORDINANCES  Ord.  No.  641 

Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  641 
(Council  No.  1372) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Thirty- 
seven  Thousand  Three  Hundred  Ninety-four  Dollars 
($137,394)  to  the  Department  of  Hospitals  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Hundred  Thirty-seven  Thou- 
sand Three  Hundred  Ninety-four  Dollars  ($137,394)  shall 
be  made  available  to  the  Department  of  Hospitals  of  the 


ORDINANCES  85 

City  of  Baltimore  as  a  supplementary  special  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1978  for  the 
purpose  of  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of  1977, 
said  sum  being  allotted  to  the  Mayor  and  City  Council  of 
Baltimore  for  the  aforesaid  purpose;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue  for 
this  supplementary  special  fund  appropriation,  as  required 
by  Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Provided  that  said  sum  of  One  Hundred  Thirty-seven 
Thousand  Three  Hundred  Ninety-four  Dollars  ($137,394) 
shall  be  appropriated  as  follows: 

Program  335,  Administrative  Services $     3,526 

Program  336,  Fiscal  Services $    9,238 

Program  337,  General  Services $  23,203 

Program  339,  Nursing  Services $  43,294 

Program  340,  Professional  Care  of  Patients  $(40,646) 

Program  341,  Outpatient  Care $     9,957 

Program  342,  Diagnostic  Services $  49,101 

Program  345,  Paramedical  Services  $  26,295 

Program  347,  Long  Term  Care $  13,426 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


86  ORDINANCES  Ord.  No.  642 

No.  642 
(Council  No.  1373) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Sixty  Thousand  Five  Hun- 
dred Thirty-nine  Dollars  ($60,539)  to  the  Department  of 
Housing  and  Community  Development  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Sixty  Thousand  Five  Hundred 
Thirty-nine  Dollars  ($60,539)  shall  be  made  available  to 
the  Department  of  Housing  and  Community  Development 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose ;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue 
for  this  supplementary  special  fund  appropriation,  as  re- 


ORDINANCES  87 

quired  by  Article  VI,  Section  2(h)   of  the  1964  revised 
Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Sixty  Thousand  Five  Hundred 
Thirty-nine  Dollars  ($60,539)  shall  be  appropriated  as 
follows: 

Program  177,  Administrative 

Direction  and  Control  $  4,191 

Program  260,  Construction  and 

Building  Inspection  $18,266 

Program  581,  Planning $  5,186 

Program  582,  Land  Development $  2,980 

Program  583,  Neighborhood  Development  ....  $29,277 

Program  585,  Economic  Development $     639 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  643 
(Council  No.  1374) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Forty-one  Thousand  One 
Hundred  Seven  Dollars  ($41,107)  to  the  Jail  Board  to 
be  used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 


88  ORDINANCES  Ord.  No.  644 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Forty-one  Thousand  One  Hun- 
dred Seven  Dollars  ($41,107)  shall  be  made  available  to  the 
Jail  Board  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  appro- 
priation shall  be  expended  from  a  grant  of  funds  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Federal  Gov- 
ernment under  the  Intergovernmental  Antirecession  As- 
sistance Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund 
appropriation,  as  required  by  Article  VI,  Section  2(h)  of 
the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  644 
(Council  No.  1375) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Sixteen  Thousand  Three 
Hundred  Forty  Dollars  (§16,340)  to  the  Department  of 


ORDINANCES  89 

Law  to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  I.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Sixteen  Thousand  Three  Hun- 
dred Forty  Dollars  ($16,340)  shall  be  made  available  to 
the  Department  of  Law  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose;  and  said  funds  from  said  Federal  Govern- 
ment shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI, 
Section  2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


90  ORDINANCES  Ord.  No.  645 

No.   645 
(Council  No.  1376) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Hundred  Seventy- 
four  Dollars  ($274)  to  the  Off -Street  Parking  Commission 
to  be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Hundred  Seventy-four 
Dollars  ($274)  shall  be  made  available  to  the  Off -Street 
Parking  Commission  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year  end- 
ing June  30,  1978  for  the  purpose  of  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments.  The 
amount  thus  made  available  as  a  supplementary  special 
fund  appropriation  shall  be  expended  from  a  grant  of  funds 
to  the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund 
appropriation,  as  required  by  Article  VI,  Section  2(h)  of 
the  1964  revised  Charter  of  Baltimore  City. 


ORDINANCES  91 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  646 

(Council  No.  1377) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seven  Hundred  Five  Dol- 
lars ($705)  to  the  Board  of  Trustees  of  the  Municipal 
Museum  to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)(2)  of 
the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seven  Hundred  Five  Dollars 
($705)  shall  be  made  available  to  the  Board  of  Trustees 
of  the  Municipal  Museum  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 


92  ORDINANCES  Ord.  No.  647 

mentary  special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum  be- 
ing allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  647 

(Council  No.  1378) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Thousand  Eight 
Hundred  Sixty-two  Dollars  ($2,862)  to  the  Department 
of  Post  Mortem  Examiners  to  be  used  for  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 


ORDINANCES  93 

VI,    Section    2(h)(2)    of   the    1964    revised    Charter    of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Thousand  Eight  Hundred 
Sixty-two  Dollars  ($2,862)  shall  be  made  available  to  the 
Department  of  Post  Mortem  Examiners  of  the  City  of 
Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available 
as  a  supplementary  special  fund  appropriation  shall  be 
expended  from  a  grant  of  funds  to  the  Mayor  and  City 
Council  of  Baltimore  by  the  Federal  Government  under  the 
Intergovernmental  Antirecession  Assistance  Act  of  1977, 
said  sum  being  allotted  to  the  Mayor  and  City  Council  of 
Baltimore  for  the  aforesaid  purpose;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue 
for  this  supplementary  special  fund  appropriation,  as  re- 
quired by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  648 
(Council  No.  1379) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Hundred  Fifty-two 
Thousand  One  Hundred  Seventy-nine  Dollars  ($352,179) 
to  the  Department  of  Public  Works  to  be  used  for  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 


94  ORDINANCES  Ord.  No.  648 

VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Hundred  Fifty-two  Thou- 
sand One  Hundred  Seventy-nine  Dollars  ($352,179)  shall 
be  made  available  to  the  Department  of  Public  Works  of 
the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Three  Hundred  Fifty-two 
Thousand  One  Hundred  Seventy-nine  Dollars  ($352,179) 
shall  be  appropriated  as  follows: 

Program  190,  Administrative 

Direction  and  Control $  6,349 

Program  191,  Survey  Control $12,218 


ORDINANCES  95 

Program  193,  Public  Building  Management  ..     $28,492 

Program  195,  Abandoned  Vehicles $  4,539 

Program  196,  Special  Services $  9,489 

Program  198,  Engineering 

Administration  and  Support $12,020 

Program  241,  Materials,  Weights 

and  Measures  Testing $  5,251 

Program  500,  Street  Lighting $  6,779 

Program  501,  Public  Streets, 

Bridges  and  Highways $31,890 

Program  512,  Engineering  Design $  4,588 

Program  515,  Refuse  Collection $89,655 

Program  516,  Refuse  Disposal $10,679 

Program  518,  Maintenance  and 

Repair  of  Storm  Water  System $  7,494 

Program  544,  Maintenance  and 
Repair  of  Sanitary  System $18,551 

Program  546,  Water  Distribution, 

Water  Meters  and  Invest $33,011 

Program  548,  Conduits  $  5,238 

Program  550,  Waste  Water 
Treatment  and  Pumping $30,793 

Program  552,  Water  Supply 

Treatment  and  Pumping $22,995 

Program  561,  Consumer  Services  $12,148 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


96  ORDINANCES  Ord.  No.  649 

No.  649 
(Council  No.  1380) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Thirteen 
Thousand  six  Hundred  Sixty-two  Dollars  ($113,662)  to 
the  Department  of  Recreation  and  Parks  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas ,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Hundred  Thirteen  Thou- 
sand Six  Hundred  Sixty-two  Dollars  ($113,662)  shall  be 
made  available  to  the  Department  of  Recreation  and  Parks 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 


ORDINANCES  97 

tion,  as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 

Provided  that  said  sum  of  One  Hundred  Thirteen  Thou- 
sand Six  Hundred  Sixty-two  Dollars  ($113,662)  shall  be 
appropriated  as  follows: 

Program  471,  Administrative 

Direction  and  Control $  1,692 

Program  473,  Municipal  Concerts 

and  Other  Musical  Events $      143 

Program  478,  General  Park  Services  $48,375 

Program  479,  Special  Park  Facilities $14,491 

Program  480,  Regular  Recreational  Services  $46,182 

Program  505,  Street  Trees $  2,779 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  650 
(Council  No.  1381) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-three  Thousand 
Seven  Hundred  Forty-nine  Dollars  ($23,749)  to  the  De- 
partment of  Transit  and  Traffic  to  be  used  for  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 


$8  ORDINANCES  Ord.  No.  650 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twenty-three  Thousand  Seven 
Hundred  Forty-nine  Dollars  ($23,749)  shall  be  made  avail- 
able to  the  Department  of  Transit  and  Traffic  of  the  City 
of  Baltimore  as  a  supplementary  special  fund  appropria- 
tion for  the  fiscal  year  ending  June  30,  1978  for  the  purpose 
of  paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available  as 
a  supplementary  special  fund  appropriation  shall  be  ex- 
pended from  a  grant  of  funds  to  the  Mayor  and  City 
Council  of  Baltimore  by  the  Federal  Government  under  the 
Intergovernmental  Antirecession  Assistance  Act  of  1977, 
said  sum  being  allotted  to  the  Mayor  and  City  Council  of 
Baltimore  for  the  aforesaid  purpose;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue 
for  this  supplementary  special  fund  appropriation,  as  re- 
quired by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Twenty-three  Thousand  Seven 
Hundred  Forty-nine  Dollars  ($23,749)  shall  be  appropri- 
ated as  follows : 

Program  230,  Administrative 

Direction  and  Control  $3,634 

Program  231,  Traffic  Planning 

and  Engineering $4,877 

Program  232,  Metered  Parking  Control $2,094 

Program  233,  Traffic  Signs  and 
Street  Markings  $4,993 

Program  234,  Construction  and 

Maintenance  of  Traffic  Signals  $8,151 


ORDINANCES  99 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  651 
(Council  No.  1382) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Two  Hun- 
dred Forty  Dollars  ($1,240)  to  the  Department  of  the 
Treasurer  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section  2- 
(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Two  Hundred 
Forty  Dollars  ($1,240)  shall  be  made  available  to  the  De- 
partment of  the  Treasurer  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 


100  ORDINANCES  Ord.  No.  652 

special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose ;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  652 
(Council  No.  1383) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Thousand  Six  Hun- 
dred One  Dollars  ($3,601)  to  the  Urban  Services  Agency 
to  be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 


ORDINANCES  101 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Thousand  Six  Hundred 
One  Dollars  ($3,601)  shall  be  made  available  to  the  Urban 
Services  Agency  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year  end- 
ing June  30,  1978  for  the  purpose  of  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments.  The 
amount  thus  made  available  as  a  supplementary  special 
fund  appropriation  shall  be  expended  from  a  grant  of 
funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose;  and  said  funds  from  said  Federal  Govern- 
ment shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI,  Sec- 
tion 2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Three  Thousand  Six  Hundred 
One  Dollars  ($3,601)  shall  be  appropriated  as  follows: 

Program  119,  Community 

Center  Administration  $2,320 

Program  171,  Administration $1,281 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  653 
(Council  No.  1384) 


An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Hundred  Ninety- 
nine  Dollars  ($499)  to  the  War  Memorial  Commission 


102  ORDINANCES  Ord.  No.  653 

to  be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Hundred  Ninety-nine  Dol- 
lars ($499)  shall  be  made  available  to  the  War  Memorial 
Commission  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  appro- 
priation shall  be  expended  from  a  grant  of  funds  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Federal  Gov- 
ernment under  the  Intergovernmental  Antirecession  As- 
sistance Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund 
appropriation,  as  required  by  Article  VI,  Section  2(h)  of 
the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  103 

No.  654 
(Council  No.  1385) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Ninety-six 
Dollars  ($196)  to  the  Sheriff's  Office  of  Baltimore  City 
to  be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Hundred  Ninety-six  Dollars 
($196)  shall  be  made  available  to  the  Sheriff's  Office  of 
the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose;  and  said  funds 
from  said  Federal  Government  shall  be  the  source  of  rev- 
enue for  this  supplementary  special  fund  appropriation, 
as  required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 


104  ORDINANCES  Ord.  No.  655 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  655 
(Council  No.  1386) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Eighty-seven  Dollars 
($87)  to  the  Board  of  Supervisors  of  Elections  to  be  used 
for  paying  for  Negotiated  Salary  and  Wage  Increases 
and  Longevity  Increments,  in  accordance  with  the  pro- 
visions of  Article  VI,  Section  2(h)(2)  of  the  Baltimore 
City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Eighty-seven  Dollars  ($87)  shall 
be  made  available  to  the  Board  of  Supervisors  of  Elections 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 


ORDINANCES  105 

shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose;  and  said  funds 
from  said  Federal  Government  shall  be  the  source  of  rev- 
enue for  this  supplementary  special  fund  appropriation,  as 
required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  656 
(Council  No.  1387) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Two  Dol- 
lars ($1,002)  to  the  Department  of  Municipal  and  Zoning 
Appeals  to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)(2)  of 
the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 


106  ORDINANCES  Ord.  No.  657 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Two  Dollars 
($1,002)  shall  be  made  available  to  the  Department  of 
Municipal  and  Zoning  Appeals  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  657 
(Council  No.  1388) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Eight  Hun- 
dred Ninety-six  Dollars  ($1,896)  to  the  Department  of 
Legislative  Reference  to  be  used  for  paying  for  Negoti- 
ated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments, in  accordance  with  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a   governmental   source  which  could  not  be 


ORDINANCES  107 

expected   with   reasonable   certainty   at  the   time   of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Eight  Hundred 
Ninety-six  Dollars  ($1,896)  shall  be  made  available  to  the 
Department  of  Legislative  Reference  of  the  City  of  Balti- 
more as  a  supplementary  special  fund  appropriation  for 
the  fiscal  year  ending  June  30,  1978  for  the  purpose  of  pay- 
ing for  Negotiated  Salary  and  Wage  Increases  and  Longev- 
ity Increments.  The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Provided  that  said  sum  of  One  Thousand  Eight  Hundred 
Ninety-six  Dollars  ($1,896)  shall  be  appropriated  as  fol- 
lows: 

Program  106,  Legislative  Reference  Services     $    717 

Program  107,  Records  Management $1,179 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


108  ORDINANCES  Ord.  No.  658 

No.   658 
(Council  No.  1389) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Fifty-four  Thousand  Nine 
Hundred  Sixty-five  Dollars  ($54,965)  to  the  Enoch  Pratt 
Free  Library  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  accord- 
ance with  the  provisions  of  Article  VI,  Section  2(h)(2) 
of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Fifty-four  Thousand  Nine  Hun- 
dred Sixty-five  Dollars  ($54,965)  shall  be  made  available 
to  the  Enoch  Pratt  Free  Library  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 


ORDINANCES  109 

Provided  that  said  sum  of  Fifty-four  Thousand  Nine  Hun- 
dred Sixty-five  Dollars  ($54,965)  shall  be  appropriated  as 
follows : 

Program  450,  Administration  and 

Technical  Services  $13,081 

Program  452,  Extension  Services $26,024 

Program  453,  State  Library  Resource  Center     $15,860 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  659 

(Council  No.  1390) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Thousand  Seven 
Hundred  Dollars  ($3,700)  to  the  Mayor's  Office  to  be 
used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 


110  ORDINANCES  Ord.  No.  660 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Thousand  Seven  Hundred 
Dollars  ($3,700)  shall  be  made  available  to  the  Mayor's 
Office  of  the  City  of  Baltimore  as  a  supplementary  special 
fund  appropriation  for  the  fiscal  year  ending  June  30,  1978 
for  the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  660 
(Council  No.  1391) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Seventy-four 
Dollars  ($174)  to  the  Mayor's  Task  Force  for  Liaison 
with  the  General  Assembly  to  be  used  for  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements, in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from   a   governmental  source  which  could  not  be 


ORDINANCES  111 

expected   with   reasonable   certainty   at  the   time   of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Hundred  Seventy-four  Dol- 
lars ($174)  shall  be  made  available  to  the  Mayor's  Task 
Force  for  Liaison  with  the  General  Assembly  of  the  City 
of  Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose 
of  paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available  as 
a  supplementary  special  fund  appropriation  shall  be  ex- 
pended from  a  grant  of  funds  to  the  Mayor  and  City  Council 
of  Baltimore  by  the  Federal  Government  under  the  Inter- 
governmental Antirecession  Assistance  Act  of  1977,  said 
sum  being  allotted  to  the  Mayor  and  City  Council  of  Balti- 
more for  the  aforesaid  purpose;  and  said  funds  from  said 
Federal  Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


112  ORDINANCES  Ord.  No.  661 

No.   661 
(Council  No.  1392) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seven  Hundred  Sixty- 
three  Dollars  ($763)  to  the  Office  of  the  Labor  Commis- 
sioner to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)  (2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seven  Hundred  Sixty-three  Dol- 
lars ($763)  shall  be  made  available  to  the  Office  of  the 
Labor  Commissioner  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year  end- 
ing June  30,  1978  for  the  purpose  of  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments.  The 
amount  thus  made  available  as  a  supplementary  special 
fund  appropriation  shall  be  expended  from  a  grant  of  funds 
to  the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession  As- 
sistance Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 


ORDINANCES  113 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  662 
(Council  No.  1393) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Thousand  Seven 
Hundred  Ninety-one  Dollars  ($2,791)  to  the  Commission 
on  Aging  and  Retirement  Education  to  be  used  for  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Thousand  Seven  Hundred 
Ninety-one  Dollars  ($2,791)  shall  be  made  available  to  the 
Commission  on  Aging  and  Retirement  Education  of  the 
City  of  Baltimore  as  a  supplementary  special  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1978  for  the 
purpose  of  paying  for  Negotiated  Salary  and  Wage  In- 


114 


ORDINANCES 


Ord.  No.  663 


creases  and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose;  and  said  funds 
from  said  Federal  Government  shall  be  the  source  of  rev- 
enue for  this  supplementary  special  fund  appropriation,  as 
required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  663 
(Council  No.  1394) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Hundred  Thirty- 
two  Dollars  ($432)  to  the  Mayor's  Advisory  Committee 
on  Art  and  Culture  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 


ORDINANCES  115 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Hundred  Thirty-two  Dol- 
lars ($432)  shall  be  made  available  to  the  Mayor's  Advisory 
Committee  on  Art  and  Culture  of  the  City  of  Baltimore  as 
a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum  be- 
ing allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  664 
(Council  No.  1395) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Sixty-two 
Dollars  ($1,062)  to  the  Office  of  Telecommunications  to 
be  used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 


116  ORDINANCES  Ord.  No.  664 

expected   with    reasonable   certainty   at   the   time   of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Sixty-two  Dollars 
($1,062)  shall  be  made  available  to  the  Office  of  Telecom- 
munications of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  suplementary  special  fund  appro- 
priation shall  be  expended  from  a  grant  of  funds  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Federal  Gov- 
ernment under  the  Intergovernmental  Antirecession  As- 
sistance Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  117 

No.  665 
(Council  No.  1396) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Four  Hun- 
dred Ninety-four  Dollars  ($1,494)  to  the  Mayor's  Co- 
ordinating Council  on  Criminal  Justice  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Four  Hundred 
Ninety-four  Dollars  ($1,494)  shall  be  made  available  to 
the  Mayor's  Coordinating  Council  on  Criminal  Justice  of 
the  City  of  Batimore  as  a  supplementary  special  fund  ap- 
propriation for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose ;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue 
for  this  supplementary  special  fund  appropriation,  as  re- 


118  ORDINANCES  Ord.  No.  666 

quired  by  Article  VI,  Section  2(h)   of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  666 
(Council  No.  1397) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Thousand  One  Hun- 
dred Eighty-five  Dollars  ($2,185)  to  the  Office  of  Safety 
to  be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Thousand  One  Hundred 
Eighty-five  Dollars  ($2,185)  shall  be  made  available  to 
the  Office  of  Safety  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year  end- 


ORDINANCES  119 

ing  June  30,  1978  for  the  purpose  of  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments.  The 
amount  thus  made  available  as  a  supplementary  special  fund 
appropriation  shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  667 
(Council  No.  1398) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Five  Hundred  Twenty- 
five  Dollars  ($525)  to  the  Mayor's  Advisory  Committee 
on  Small  Business  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 


120  ORDINANCES  Ord.  No.  668 

VI,    Section    2(h)(2)    of    the    1964    revised    Charter    of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Five  Hundred  Twenty-five  Dol- 
lars ($525)  shall  be  made  available  to  the  Mayor's  Advisory 
Committee  on  Small  Business  of  the  City  of  Baltimore  as 
a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum  be- 
ing allotted  to  the  Mayor  and  City  Council  of  Baltimore  for 
the  aforesaid  purpose;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  668 

(Council  No.  1399) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Nine  Hundred  Seven 
Dollars  ($907)  to  the  Minimum  Wage  Commission  to  be 
used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 


ORDINANCES  121 

the  provisions  of  Article  VI,   Section  2(h)(2)    of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Nine  Hundred  Seven  Dollars 
($907)  shall  be  made  available  to  the  Minimum  Wage  Com- 
mission of  the  City  of  Baltimore  as  a  supplementary  special 
fund  appropriation  for  the  fiscal  year  ending  June  30,  1978 
for  the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose ;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue  for 
this  supplementary  special  fund  appropriation,  as  required 
by  Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


122  ORDINANCES  Ord.  No.  669 

No.    669 
(Council  No.  1400) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Five  Thousand  Seven 
Hundred  Thirty-four  Dollars  ($5,734)  to  the  Baltimore 
Museum  of  Art  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Five  Thousand  Seven  Hundred 
Thirty-four  Dollars  ($5,734)  shall  be  made  available  to  the 
Museum  of  Art  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 
propriation shall  be  expended  from  a  grant  of  funds  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Federal  Gov- 
ernment under  the  Intergovernmental  Antirecession  As- 
sistance Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 


ORDINANCES  123 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  670 

(Council  No.  1401) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seven  Thousand  Nine 
Hundred  Twenty-five  Dollars  ($7,925)  to  the  Department 
of  Planning  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section  2- 
(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seven  Thousand  Nine  Hundred 
Twenty-five  Dollars  ($7,925)  shall  be  made  available  to  the 
Department  of  Planning  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 


124  ORDINANCES  Ord.  No.  671 

mentary  special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum  be- 
ing allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  671 

(Council  No.  1402) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Five  Hundred  Thirty- 
eight  Thousand  Seven  Hundred  Twenty-eight  Dollars 
($538,728)  to  the  Police  Department  to  be  used  for  pay- 
ing for  Negotiated  Salary  and  Wage  Increases  and  Lon- 
gevity Increments,  in  accordance  with  the  provisions  of 
Article  VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter 
(1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
18th  day  of  January,  1978,  all  in  accordance  with  Article 


ORDINANCES  125 

VI,    Section    2(h)(2)    of    the    1964    revised    Charter    of 
Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Five  Hundred  Thirty-eight 
Thousand  Seven  Hundred  Twenty-eight  Dollars  ($538,728) 
shall  be  made  available  to  the  Police  Department  of  the 
City  of  Baltimore  as  a  supplementary  special  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1978  for  the 
purpose  of  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose;  and  said  funds 
from  said  Federal  Government  shall  be  the  source  of  rev- 
enue for  this  supplementary  special  fund  appropriation,  as 
required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Five  Hundred  Thirty-eight 
Thousand  Seven  Hundred  Twenty-eight  Dollars  ($538,728) 
shall  be  appropriated  as  follows: 

Program  200,  Administrative 

Direction  and  Control $  31,966 

Program  201,  General  Patrol $367,540 

Program  202,  Investigations $  55,993 

Program  203,  Traffic  $  33,155 

Program  204,  Services  Bureau $  50,074 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  February  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


126  ORDINANCES  Ord.  No.  672 

No.  672 
(Council  No.  1215) 

An  Ordinance  to  add  a  new  Section  179  to  Article  19  of  the 
Baltimore  City  Code  (1966  Edition),  title  "Police  Ordi- 
nances", subtitle  "Special  Enforcement  Officers'',  pro- 
viding for  the  appointment  of  Special  Enforcement 
Officers  by  the  Police  Commissioner,  providing  for  their 
duties  to  issuo  »»4  serve  summons  to  appear  in  District 
Court  proceedings  involving  enforcement  of  certain  City 
ordinances;  providing  for  their  right  to  receive  complaints 
and  investigate  violations  of  such  ordinances  as  well  as 
certain  state  laws  and  regulations;  providing  limitations 
on  their  powers  particularly  with  reference  to  the  power 
to  make  arrests  or  to  take  violators  into  custody;  and 
providing  for  the  keeping  of  records  of  their  appointment 
and  their  attire. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  a  new  Section  179  be  and  is  hereby 
added  to  Article  19  of  the  Baltimore  City  Code  (1966  Edi- 
tion) title  "Police  Ordinances",  subtitle  "Special  Enforce- 
ment Officers",  the  section  to  follow  immediately  after  Sec- 
tion 178,  thereof,  and  to  read  as  follows : 

179    Special  Enforcement  Officers 

1)  The  Commissioner  of  Health  and  the  Commissioner  of 
Housing  and  Community  Development  shall  from  time  to 
time  certify  to  the  Police  Commissioner  of  Baltimore  City 
the  names  of  employees  of  their  respective  department  for 
appointment  by  the  Police  Commissioner  as  Special  Enforce- 
ment Officers. 

2)  Upon  their  appointment,  the  Officers  shall  have  the 
poiver  to  issue  emd  serve  summonses  to  appear  before  the 
Housing  Part  of  the  District  Court  for  Baltimore  City  in 
proceedings  for  enforcement  of  any  City  ordinance  per- 
taining to  its  building,  housing,  zoning,  fire,  public  health 
and  sanitation  codes. 

&)-  ¥ho  Officore  may  also  roooivo  complaints  and  investi 
gate  aU  violations  of  ordinances  pertaining  to  £h#  City'e 


ORDINANCES  127 

Building,  houeing>  zoning^  fae?  publio  health  and  sanitation 
oodoe,  and  may  €blse  invootigato  violation*)  reported  te  thorn 
by  a  etato  dopartmont  or  agonoy  of  wny  etato  lam  or  regula 

■fJ)f\iY)  (>f\/Y}(\f\'Y'Y}.i'Yt.cf  hm.}1.f$.'}./y)  tut   'Yyjj.hJ t (\  h,(in,lf^Ji,    ti,y (\  or  fUSMA  tdtiOTT, 

J?)-  3)  The  Officers  appointed  may  not  arrest  or  take  into 
custody  any  violator  of  such  ordinances  or  otherwise  have 
the  power  of  arrest  in  their  official  capacity. 

5±  U)  A  record  of  appointment  of  the  Officers  shall  be 
kept  by  the  Police  Commissioner  and  any  appointment  may 
be  revoked  by  him  at  any  time. 

&)■  5)  The  form  of  badge  and  type  of  uniform  if  any  worn 
by  the  appointed  officers  shall  be  approved  by  the  Police 
Commissioner. 

Sec.  2.  And  be  it  further  ordained,  that  this  ordinance 
shall  take  effect  from  the  date  of  passage. 

Approved  February  27,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  673 
(Council  No.  1159) 

An  Ordinance  to  amend  Sheet  No.  3  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition)  title  "Zoning,"  (Ordinance  No.  1051,  approved 
April  20,  1971)  by  changing  from  the  B-l-1  Zoning  Dis- 
trict to  the  R-l  Zoning  District  the  property  on  the  west 
side  of  Greenspring  Avenue,  known  as  5722  Greenspring 
Avenue  as  outlined  in  red  on  the  plat  accompanying  this 
ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  3  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning"  (Ordinance  No.  1051,  approved  April 
20,  1971),  be  and  it  is  hereby  amended  by  changing  from 


128  ORDINANCES  Ord.  No.  674 

the  B-l-1  Zoning  District  to  the  R-l  Zoning  District  the 
property  on  the  west  side  of  Greenspring  Avenue,  known 
as  5722  Greenspring  Avenue,  as  outlined  in  red  on  the 
plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following:  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development  and 
the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  March  3,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor, 


No.  674 
(Council  No.  1160) 

An  Ordinance  to  amend  Sheet  No.  3  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning,"  (Ordinance  No.  1051,  approved 
April  20,  1971)  by  changing  from  the  B-l-1  Zoning  Dis- 
trict to  the  R-l  Zoning  District  the  properties  on  the 
west  side  of  Greenspring  Avenue,  known  as  5718  and  5720 
Greenspring  Avenue,  as  outlined  in  red  on  the  plats 
accompanying  this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  3  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 


ORDINANCES  129 

tion),  title  "Zoning"  (Ordinance  No.  1051,  approved  April 
20,  1971),  be  and  it  is  hereby  amended  by  changing  from 
the  B-l-1  Zoning  District  to  the  R-l  Zoning  District  the 
properties  on  the  west  side  of  Greenspring  Avenue,  known 
as  5718  and  5720  Greenspring  Avenue,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance. 

SEC.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  this  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development  and  the 
Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  March  3,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  675 

(Council  No.  1328) 

An  Ordinance  granting  permission  and  authority  to  Exxon 
Corporation,  a  body  corporate,  to  construct,  maintain  and 
use  a  pipe  trestle  above  and  across  Cardiff  Avenue  be- 
tween South  Clinton  Street  and  Highland  Avenue. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  and  authority  be  and  the 
same  are  hereby  granted  to  Exxon  Corporation,  a  body 
corporate,  its  successors  and  assigns,  hereinafter  referred 
to  as  the  "grantee,"  to  construct,  maintain,  and  use,  at  its 


130  ORDINANCES  Ord.  No.  675 

own  cost  and  expense  for  a  period  not  exceeding  25  years, 
a  pipe  trestle  above  and  across  Cardiff  Avenue  between 
South  Clinton  Street  and  Highland  Avenue,  which  pipe 
trestle  shall  carry  a  three  inch  steam  and  a  one  and  a  half 
inch  condensate  return  pipe  across  Cardiff  Avenue  from  a 
new  warehouse  building  at  1401  South  Clinton  Street  to 
an  existing  Exxon  pipe  trestle. 

Sec.  2.  And  be  it  further  ordained,  That  the  pipe  trestle 
shall  be  located  as  follows:  Beginning  at  a  point  approxi- 
mately one  foot  west  of  the  intersection  of  the  west  side  of 
Highland  Avenue  and  the  north  side  of  Cardiff  Avenue  at 
the  property  of  the  Grantee,  thence  southerly  over  and 
across  Cardiff  Avenue  the  distance  of  approximately  67 
feet,  thence  westerly  above  and  along  the  south  side  of 
Cardiff  Avenue  approximately  8  feet,  thence  southerly 
approximately  3  feet  to  the  property  of  the  Grantee,  at  a 
point  approximately  12  feet  west  of  the  intersection  of  the 
west  side  of  Highland  Avenue  and  the  south  side  of  Cardiff 
Avenue. 

The  overall  size  of  the  entire  construction  for  the  piping 
over  and  across  public  property  shall  be  approximately  78 
linear  feet  in  length,  and  5  feet  in  width,  at  a  height  of 
approximately  19  feet,  5  inches  above  the  grade  of  Cardiff 
Avenue  to  the  piping  on  the  structure. 

No  woodwork  or  other  combustible  materials  shall  be 
used  in  the  construction  or  maintenance  of  said  pipe  trestle 
and  said  structure  shall  be  constructed  in  all  respects  in 
accordance  with  the  Building  Code  of  Baltimore  City  and 
shall  be  constructed,  completed  and  maintained  under  the 
supervision  and  to  the  satisfaction  of  the  Commissioner, 
Department  of  Housing  and  Community  Development  of 
Baltimore  City,  and  shall  be,  at  all  times  hereafter,  subject 
to  regulation  and  control  by  the  said  Commissioner. 

Sec.  3.  And  be  it  further  ordained,  That  the  Mayor  and 
City  Council  of  Baltimore  hereby  expressly  reserves  the 
right  and  power  at  all  times  to  exercise,  in  the  interest  of 
the  public,  full  municipal  superintendence,  regulation  and 
control  in  respect  to  all  matters  connected  with  this  grant, 
and  not  inconsistent  with  the  terms  thereof. 


ORDINANCES  131 

SEC.  4.  And  be  it  further  ordained,  That  the  franchise 
or  right  granted  by  this  ordinance  shall  be  executed  and 
enjoyed  within  six  months  after  the  grant. 

Sec.  5.  And  be  it  further  ordained,  That  the  said  grantee, 
its  successors  and  assigns,  shall  maintain  the  said  pipe 
trestle  in  good  condition  throughout  the  full  term  of  this 
grant,  so  long  as  said  pipe  trestle  remains  in  and  above 
said  street. 

Sec.  6.  And  be  it  further  ordained,  That  the  said  grantee, 
its  successors  and  assigns,  shall  pay  to  the  said  Mayor  and 
City  Council  of  Baltimore,  as  compensation  for  the  fran- 
chise or  privilege  hereby  granted,  the  sum  of 

per  year,  payable 
in  advance  during  the  continuance  of  this  franchise  or 
privilege,  provided,  however,  that  the  Mayor  and  City 
Council  of  Baltimore,  acting  by  and  through  the  Board 
of  Estimates,  may  increase  or  decrease  the  franchise  charge 
payable  by  the  grantee  under  the  provisions  hereof  by 
giving  written  notice  to  that  effect  to  the  grantee  at  least 
one  hundred  and  fifty  (150)  days  prior  to  the  expiration 
of  the  first  five  years  of  the  term  granted  herein,  or  at 
the  expiration  of  any  subsequent  five- (5-)  year  period  of 
said  term  granted  herein,  any  such  increase  or  decrease 
of  said  franchise  charge  to  be  effective  as  of  the  beginning 
of  the  next  succeeding  five- (5-)  year  period  of  the  term 
granted  herein. 

Sec.  7.  And  be  it  further  ordained,  That  non-compliance 
at  any  time  or  times  with  any  of  the  terms  or  conditions 
of  the  grant  hereby  made  shall,  at  the  option  of  the  Mayor 
and  City  Council  of  Baltimore,  operate  as  a  forfeiture  of 
the  same,  which  shall  thereupon  be  and  become  void,  and 
that  nothing  short  of  an  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore  shall  operate  as  a  waiver  of  any 
forfeiture  of  the  grant  hereby  made. 

Sec.  8.  And  be  it  further  ordained,  That  the  Mayor  of 
Baltimore  City  shall  have  the  right  to  revoke  the  rights 
and  privileges  hereby  granted  at  any  time  or  times  when, 
in  his  judgment,  the  public  interest,  welfare,  safety,  or 


132  ORDINANCES  Ord.  No.  675 

convenience  requires  such  revocation,  and  upon  written 
notice  to  that  effect  from  the  Mayor  of  Baltimore  City 
served  upon  the  grantee,  its  successors  or  assigns,  all  such 
rights  shall  cease  and  determine. 

Sec.  9.  And  be  it  further  ordained,  That  in  the  event  of 
any  revocation,  forfeiture,  or  termination  of  the  rights 
and  privileges  by  this  ordinance  granted  the  said  grantee, 
its  successors  and  assigns,  shall,  at  their  expense,  promptly 
remove  said  pipe  trestle  in  a  manner  satisfactory  to  the 
Commissioner,  Department  of  Housing  and  Community 
Development,  without  any  compensation  to  the  grantee, 
its  successors  and  assigns. 

Sec.  10.  And  be  it  further  ordained,  That  the  said 
grantee,  its  successors  and  assigns,  shall  be  liable  for  and 
shall  indemnify  and  save  harmless  the  Mayor  and  City 
Council  of  Baltimore  from  and  against  any  and  all  suits, 
losses,  costs,  claims,  damages,  or  expenses  to  which  the 
said  Mayor  and  City  Council  of  Baltimore  may,  from  time 
to  time,  be  subjected  on  account  of  by  reason  of,  or  in  any 
way  resulting  from — 

(a)  the  presence,  construction,  use,  operation,  mainte- 
nance, alteration,  repair,  location,  relocation  or  removal 
of  said  pipe  trestle ;  and 

(b)  any  failure  on  the  part  of  said  grantee,  its  succes- 
sors and  assigns,  to  perform,  promptly  and  properly,  any 
of  the  duties  or  obligations  imposed  upon  it  or  them  by 
the  terms  and  provisions  of  this  ordinance. 

Sec.  11.  And  be  it  further  ordained,  That  said  Exxon 
Corporation,  its  successors  and  assigns,  shall  pay  to  the 
City  within  30  days  after  written  notice  from  the  Director 
of  Public  Works  of  Baltimore  City,  of  the  amount  due, 
the  cost  of  relocating,  strengthening,  or  encasing  in  con- 
crete all  subsurface  structures  belonging  to  the  Mayor 
and  City  Council  of  Baltimore  located  in  said  street,  in 
or  adjacent  to  the  space  to  be  occupied  by  said  pipe  trestle 
and  shall  also  pay  to  the  City,  within  30  days  after  written 
notice  from  the  said  Director  of  Public  Works  of  the 
amount  due,  the  cost  of  relocating  any  surface  structures 


ORDINANCES  133 

belonging  to  the  City  made  necessary  by  the  construction 
of  said  pipe  trestle,  the  judgment  of  the  Director  of  Public 
Works  as  to  the  work  necessary  to  safeguard  said  sub- 
surface structures  and  as  to  the  necessity  of  relocating  any 
surface  structures  to  be  final. 

Sec.  12.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  March  3,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  676 

(Council  No.  1433) 

An  Ordinance  to  repeal  and  reordain,  with  amendments, 
Section  3.0-1  and  Section  3.0-2  of  Article  30  of  the 
Baltimore  City  Code  (1966  Edition),  title  "The  Zoning 
Ordinance  of  Baltimore  City,"  as  ordained  by  Ordinance 
1051,  approved  April  20,  1971 ;  to  add  a  new  Chapter  3B 
to  said  article,  code  and  title,  to  come  under  the  new 
subtitle  "Flood  Plain  Overlay  Districts" ;  to  create  a  new 
Zoning  District  to  be  known  as  Flood  Plain  Overlay  Dis- 
trict, providing  for  the  incorporation  of  maps  describing 
Flood  Plain  Districts,  providing  for  uses  in  each  dis- 
trict, providing  for  exoneration  of  liability  on  City  for 
issuance  of  permits,  providing  regulations  for  utilities 
and  government  services  located  in  a  flood  zone;  pro- 
viding for  the  granting  of  variances,  special  exceptions 
and  conditional  uses;  IMPOSING  CERTAIN  DUTIES 
ON  THE  EXECUTIVE  SECRETARY  OF  THE  BOARD 
AND  THE  ZONING  ADMINISTRATOR;  to  add  new 
Sections  13.0-2-108  through  13.0-2-114  providing  for 
definitions;  providing  for  severability. 

Whereas,  the  Mayor  and  City  Council  has  passed  Reso- 
lution No.  13,  approved  October  21,  1971,  to  show  the 
intention  of  complying  with  the  National  Flood  Insurance 
Act  of  1968,  as  amended ;  and 


134  ORDINANCES  Ord.  No.  676 

Whereas,  the  City  now  desires  to  comply  with  the  re- 
quirements of  said  laws  by  establishing  Flood  Plain  Over- 
lay Districts  in  order  to  enable  participation  in  the 
Federal  Flood  Insurance  Program  ; 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Section  3.0-1  and  Section  3.0-2  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"The  Zoning  Ordinance  of  Baltimore  City/'  as  ordained 
by  Ordinance  1051,  approved  April  20,  1971,  as  amended, 
be  and  are  hereby  repealed  and  reordained,  with  amend- 
ments, and  that  new  Chapter  3B  and  Sections  13.0-2-108 
through  114  be  and  are  hereby  added  to  the  same  Article, 
all  to  read  as  follows : 

3.0-1     Establishment  of  Districts 

In  order  to  carry  out  the  purposes  and  provisions  of  this 
ordinance,  Baltimore  City  is  hereby  divided  into  the  fol- 
lowing zoning  districts : 

Public  Use  Districts 

Suffix  "P"  added  to  existing  zoning  classification.  Note: 
Added  by  Ordinance  No.  656,  approved  June  14, 1974. 

Flood  Plain  Overlay  Districts 

Fl     Floodway 

F2     Floodway  Fringe 

F3     Approximated  Flood  Plain 

HFZ     Harbor  Flood  Zone 

SFZ     Shallow  Flood  Zone 

Residence  Districts 

R-l  Single-family  Residence  District 

R-2  General  Residence  District 

R-3  Single-family  Residence  District 

R-4  General  Residence  District 

R-5  General  Residence  District 

R-6  General  Residence  District 

R-7  General  Residence  District 

R-8  General  Residence  District 

R-9  General  Residence  District 
R-10     General  Residence  District 


ORDINANCES  185 

Office-Residence  District 
O-R     Office-Residence  District 

Business  Districts 

B-l  Neighborhood  Business  Districts 

B-2  Community  Business  District 

B-3  Community  Commercial  District 

B-4  Central  Business  District 

B-5  Central  Commercial  District 

Industrial  Districts 

M-l  Industrial  District 
M-2  Industrial  District 
M-3     Industrial  District 

3.0-2    Incorporation  of  Maps 

The  location  and  boundaries  of  the  districts  established 
by  this  ordinance  are  shown  upon  the  zoning  maps,  flood 
plain  overlay  maps  and  flood  profiles,  which  are  hereby 
incorporated  into  this  ordinance.  The  said  zoning  maps, 
flood  plain  overlay  maps  and  flood  profiles  together  with 
everything  shown  thereon  and  all  amendments  thereto, 
shall  be  as  much  a  part  of  this  ordinance  as  if  fully  set 
forth  and  described  herein.  As  evidence  of  the  authenticity 
of  said  zoning  maps,  flood  plain  overlay  maps  and  flood 
profiles  each  shall  have  been  duly  signed  by  the  Mayor  and 
the  President  of  the  City  Council. 

CHAPTER  SB 

FLOOD  PLAIN  OVERLAY  DISTRICT 

Purpose 

The  Flood  Plain  Overlay  District  classification  is  de- 
signed to  protect  human  life  and  health,  to  minimize 
damage  to  public  and  private  property,  to  regulate  appro- 
priate use  of  land  in  a  flood  plain  in  order  to  prevent  or 
minimize  future  flood  damage,  to  protect  the  public  water 
supply  and  sanitary  sewage  disposal  systems,  to  preserve 
natural  drainage  systems,  and  to  reduce  financial  burdens 


136  ORDINANCES  Ord.  No.  676 

imposed  on  Baltimore  City  and  its  citizens  by  regulating 
the  placement  and  use  of  structures  and  the  use  of  land 
in  the  flood  plain. 

Five  flood  plain  districts,  each  designating  a  measurable 
degree  of  flood  hazard,  are  provided.  The  flood  plain  is 
clearly  delineated  in  the  Flood  Insurance  Study,  effective 
March  15,  1978,  prepared  for  the  Department  of  Housing 
and  Urban  Development,  Federal  Insurance  Administra- 
tion. FURTHER  AMENDMENT  OF  THE  FLOOD  PLAIN 
OVERLAY  DISTRICT  MAPS  MUST  BE  REVIEWED 
AND  APPROVED  BY  THE  FLOOD  INSURANCE  AD- 
MINISTRATOR. 

PART  A  GENERAL  REQUIREMENTS 
SB. 0-1     Use  Regulations 

a.  Permitted  uses  are  as  set  forth  under  each  district 
in  Part  B  of  this  Chapter.  Unless  otherwise  specifically  set 
forth,  ivherever  a  permitted  use  is  named  as  a  major  cate- 
gory under  Part  B  of  this  Chapter,  it  shall  be  deemed  to 
include  all  and  only  those  itemized  uses  listed  under  the 
said  category  in  the  applicable  district. 

b.  Conditional  uses,  as  set  forth  under  each  district  in 
Part  B  of  this  Chapter,  may  be  authorized — subject  to  the 
provisions  of  this  ordinance.  Unless  otherwise  specifically 
set  forth,  whenever  a  conditional  use  is  named  as  a  major 
category  under  Part  B  of  this  Chapter,  it  shall  be  deemed 
to  include  all  and  only  those  itemized  uses  listed  under  the 
said  category  in  the  applicable  district. 

c.  Uses  that  are  lawfully  existing  on  the  effective  date 
of  this  ordinance  but  are  not  allowed  under  the  provisions 
of  Part  B  of  this  Chapter  may  be  continued — subject  to  the 
provisions  of  Chapter  8  of  this  ordinance. 

d.  Uses  other  than  those  expressly  permitted  pursuant 
to  the  provisions  contained  in  this  Chapter  shall  be  pro- 
hibited. The  outdoor  maintenance  or  storage  of  abandoned, 
unlicensed,  junked,  or  derelict  vehicles  is  prohibited  in  all 
districts. 

SB. 0-2     Bulk  Regulations 

As  otherwise  provided,  for  each  underlying  district,  in 
this  Zoning  Ordinance. 


ORDINANCES  137 

PART  B  DISTRICT  REQUIREMENTS 
8B.1     Floodway 
a.     Permitted  uses 

1.  Recreation  facilities,  EXCLUDING  ACCESSORY 
BUILDINGS,  as  follows: 

(a)  Athletic  Fields 

(b)  Golf  Courses 

(c)  Parks 

(d)  Lacrosse  and  Soccer  fields 

SB. 2    Floodway  fringe 

a.     Permitted  uses,  accessory  uses  and  conditional  uses. 

1 .     As  set  forth  in  each  existing  underlying  district. 

3B.3     Approximated  flood  plain 

a.    Permitted  uses,  accessory  uses  and  conditional  uses. 

1.    As  set  forth  in  each  existing  underlying  district. 

8B.li.    Harbor  flood  zone 

a.    Permitted  uses,  accessory  uses  and  conditional  uses. 

1.     As  set  forth  in  each  existing  underlying  district. 

SB. 5    Shallow  flood  zone 

a.    Permitted  uses,  accessory  uses  and  conditional  uses. 

1.     As  set  forth  in  each  existing  underlying  district. 

SB. 6    Municipal  and  Personal  Liability 

The  issuance  of  a  zoning  authorization  for  land,  adja- 
cent to  or  nearby  to  a  delineated  flood  plain  or  other  land 
which  in  the  future  may  be  found  to  be  a  flood  plain,  is 
not  a  representation,  guarantee,  or  warranty  of  any  kind 
that  such  land  is  not  in  a  flood  plain,  and  shall  create  no 


138  ORDINANCES  Ord.  No.  676 

liability  upon  Baltimore  City,  its  elected  and  appointed 
officials,  or  its  employees. 

SB. 7    Public  Utility  and  Government  Services. 

Notwithstanding  other  provisions  to  the  contrary,  no 
public  utility  or  government  service  use  which  may  impede, 
retard  or  change  the  direction  of  the  flow  of  water  or  that 
will  catch  or  collect  debris  carried  by  such  water,  or  that 
is  placed  where  the  natural  flow  of  the  stream  or  flood 
waters  would  carry  the  same  downstream  to  the  damage 
or  detriment  of  either  public  or  private  property  in  or 
adjacent  to  the  flood  plain,,  .  and  no  sanitary  landfills  shall 
bo  locatod  in  any-  flood  plain,  flood  haaard  none,  or  floodwayi 

3B.8     Variances,   Special  Exceptions,   and   Conditional 
uses 

Variances,  special  exceptions,  and  conditional  uses  may 
be  granted  by  the  Board  as  provided  in  Chapter  11  of  this 
Zoning  Ordinance.  In  addition  to  the  standards  provided 
in  Chapter  11,  the  Board  may  grant  variances,  special 
exceptions,  and  conditional  uses  in  the  floodway  fringe, 
approximated  flood  plain,  harbor  flood  zone,  and  shallow 
flood  zone  for: 

■fir)-  Historic  Areas  and  Structures  for  substantial 
improvements,  reconstruction,  rehabilitation  o*  restoration 
of-  structures  on  the  National  Register  of  Historic  Places, 

XT  XJOV  Cv  TVWV   ITTrOl/f  I    V\s   j-fw/fwnvw;    i  fv    jl-#  vkj  Vj    ^U   JTTwvv    a  f  v  w  \J  JvW  I    If   "/      IJl  FH 

tevie  Places,  op  the-  City  of-  Baltimore  Landmark  List?  or  m 
a  Historieal  and  Architectural  Preservation  District, 

-(£)■(  1)  Severe  Hardship — for  substantial  improvements 
where,  because  of  extraordinary  circumstances,  local  con- 
ditions may  render  the  application  of  certain  standards  a 
severe  hardship, 

-£#-)-( 2)  Harbor  Flood  Area — for  new  construction  and 
substantial  improvements  in  the  hazard  area  adjacent  to  the 
harbor,  defined  as  the  harbor  flood  zone, 

in  accordance  with   the  following   additional  standards: 

(1)  Determination  that  the  granting  of  a  variance, 
special  exception,  or  conditional  use  will  not  result  in  in- 


ORDINANCES  139 

creased  flood  heights  or  additional  danger  to  the  public 
health,  welfare  and  safety. 

(2)  All  such  proposals  are  consistent  with  the  need  to 
minimize  flood  damage. 

(S)  All  necessary  permits  have  been  received  from  the 
State  of  Maryland,  Water  Resources  Administration  and 
appropriate  Federal  agencies. 

(U)  All  public  and  private  utilities  and  facilities  (in- 
cluding sewer,  water,  telephone,  electric,  gas,  etc.)  are 
located  and  constructed  to  minimize  or  eliminate  flood 
damage. 

(5)  Adequate  drainage  is  provided  to  reduce  exposure 
to  flood  hazard. 

B.  IF  THE  BOARD  GRANTS  A  VARIANCE,  SPE- 
CIAL EXCEPTION  OR  CONDITIONAL  USE  IN  AC- 
CORDANCE WITH  THE  SPECIFIED  STANDARDS, 
THE  EXECUTIVE  SECRETARY  SHALL  ATTACH  TO 
THE  RESOLUTION  OF  THE  BOARD  A  LETTER  CON- 
TAINING THE  FOLLOWING: 

(1)  CONSTRUCTION  IN  ACCORDANCE  WITH 
THIS  VARIANCE,  SPECIAL  EXCEPTION,  OR  CON- 
DITIONAL USE  APPROVAL  (AND  AFTER  OBTAIN- 
ING A  BUILDING  PERMIT)  WHICH  MAY  RESULT 
IN  A  STRUCTURE  LOCATED  BELOW  THE  BASE 
FLOOD  LEVEL  WILL  RESULT  IN  INCREASED  PRE- 
MIUM RATES  FOR  FLOOD  INSURANCE;  AND 

(2)  CONSTRUCTION  BELOW  THE  BASE  FLOOD 
LEVEL  INCREASES  RISKS  TO  LIFE  AND  PROPERTY. 

C.  THE  ZONING  ADMINISTRATOR  SHALL  PRE- 
PARE AN  ANNUAL  REPORT  TO  BE  SENT  TO  THE 
FLOOD  INSURANCE  ADMINISTRATOR  OF  ALL  VARI- 
ANCES, SPECIAL  EXCEPTIONS,  AND  CONDITIONAL 
USES  GRANTED  DURING  THE  PRECEDING  YEAR, 
DESCRIBING  UNDER  WHICH  THEY  WERE  GRANT- 
ED AND  THE  GUARANTEES  REQUIRED  BY  THE 
BOARD  TO  ASSURE  FLOOD  HAZARDS  WOULD  NOT 
THEREBY  BE  INCREASED. 


140  ORDINANCES  Ord.  No.  676 

18.0-2     Definitions 

108.  Development:  Any  construction,  reconstruction, 
modification,  extension  or  expansion  of  buildings  or  struc- 
tures, placement  of  fill,  dredging,  drilling,  mining,  storage 
of  materials,  land  excavation,  land  clearing,  GRADING, 
PAVING,  land  improvement,  or  any  combination  thereof. 

109.  Flood  Plain:  (1)  a  relatively  flat  or  low  land  area 
adjoining  a  river,  stream  or  watercourse  which  is  subject 
to  partial  or  complete  inundation;  ■(£)■  &n  area  subject  te 

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waters  from  wv#  source;  or  ■(£-)■( 2)  any  area  shown  as  a  flood 
plain  on  the  series  of  maps  and  profiles  known  as  the  Flood 
Insurance  Study,  effective  March  15,  1978,  and  as  these 
maps  may  hereafter  be  revised  or  amended,  prepared  for 
the  Department  of  Housing  and  Urban  Development,  Fed- 
eral Insurance  Administration. 

110.  Floodway  (Fl):  That  portion  of  the  flood  plain 
overlay  district  required  to  carry  and  discharge  the  waters 
of  the  one  hundred  (100)  year  flood  without  increasing 
the  water  surface  elevation  at  any  point  more  than  one 
(1)  foot  above  existing  conditions.  The  floodway  is  the 
area  of  highest  hazard. 

111.  Floodway  Fringe  (F2):  Those  portions  of  land 
within  the  flood  plain  overlay  district  subject  to  flooding 
by  the  one  hundred  (100)  year  flood,  lying  beyond  the 
floodway  in  areas  where  detailed  study  data  and  profiles 
are  made  available. 

112.  Approximated  Flood  Plain  (F8):  Those  portions 
of  land  within  the  flood  plain  overlay  district  subject  to 
flooding  by  the  one  hundred  (100)  year  flood,  where  a 
detailed  study  has  not  been  performed  but  where  a  one 
hundred  (100)  year  flood  plain  boundary  has  been  ap- 
proximated. 

113.  Harbor  Flood  Zone  (HFZ):  Those  portions  of  the 
flood  plain  overlay  district  subject  to  flooding  by  a  one 
hundred  (100)  year  flood,  adjacent  to  the  Harbor  (Patap- 
sco  River). 


ORDINANCES  141 

11 U.  Shallow  Flood  Zone  (SFZ):  An  area  ivithin  the 
flood  plain  overlay  district  ivith  baeo  flood  depthe  ONE 
HUNDRED  (100)  YEAR  FLOOD  DEPTHS  from  one  to 
throe  TWO  feet  where  a  clearly  defined  channel  does  not 
exist,  where  the  path  of  flooding  is  unpredictable  and  indo 
torminato,  and  where  velocity  flow  may  be  evident. 

Sec.  2.  And  be  it  further  ordained,  That  if  any  provision 
of  this  ordinance  or  the  application  thereof  is  held  invalid 
for  any  reason,  the  invalidity  shall  not  affect  the  other 
provisions  or  any  other  application  of  this  ordinance  which 
can  be  given  effect  without  the  invalid  provision  or  appli- 
cation, and  to  this  end  all  the  provisions  of  this  ordinance 
are  declared  to  be  severable. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  9,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  677 

(Council  No.  1434) 

An  Ordinance  to  add  a  new  Chapter  28,  to  be  called  Flood 
Plain  District  Regulations,  to  Article  32  of  the  Balti- 
more City  Code  (1976  Edition),  title  "Building  Regula- 
tions," providing  standards  of  construction  techniques 
and  of  permitted  materials  for  new  construction  or  im- 
provement of  existing  structures,  for  landscaping,  and 
for  other  improvements  which  may  be  located  in  a  flood 
plain  or  related  flood  areas;  providing  for  variances 
under  certain  conditions,  for  waiver  of  liability,  and  for 
severability. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  a  new  Chapter  28,  Flood  Plain  District 
Regulations,  be  and  it  is  hereby  added  to  Article  32  of  the 


142  ORDINANCES  Ord.  No.  677 

Baltimore  City  Code  (1976  Edition),  title  "Building  Regu- 
lations" to  read  as  follows : 

CHAPTER  28 

SECTION  280.  FLOOD  PLAIN  DISTRICT  REGULA- 
TIONS 

2800.  SCOPE.  To  establish  standards  of  construction 
techniques  and  of  permitted  construction  materials  for  any 
new  construction  or  substantial  improvement  of  existing 
structures,  for  fill,  for  placement  and  construction  of  utili- 
ties, for  landscaping,  and  for  any  other  improvements 
which  may  hereafter  be  constructed,  altered,  or  otherwise 
be  located  in  a  flood  plain  or  its  constituent  parts,  the  flood 
way,  the  flood  fringe,  the  approximated  flood  plain,  the 
harbor  flood  zone,  and  the  shallow  flood  zone.  These  re- 
quirements are  in  addition  to  and  supplement  all  other 
laws,  ordinances  and  regulations  of  Baltimore  City  regard- 
ing construction  and  land  development  as  well  as  aU 
applicable  laws  and  regulations  of  the  State  of  Maryland 
and  appropriate  Federal  agencies.  In  case  of  conflict,  the 
more  stringent  or  restrictive  requirements  shall  apply. 

The  flood  plain  delineation,  showing  all  areas  subject  to 
inundation  by  a  one  hundred  (100)  year  flood,  is  based 
on  available  information,  studies,  and  engineering  tech- 
nology as  contained  in  the  Flood  Insurance  Study  for 
Baltimore  City,  effective  March  15,  1978  and  as  it  may 
hereafter  be  revised  or  amended  BY  THE  FLOOD  INSUR- 
ANCE ADMINISTRATOR,  prepared  for  the  Department 
of  Housing  and  Urban  Development,  Federal  Insurance 
A  dministration. 

Section  281.  DEFINITIONS.  The  following  definitions 
are  in  addition  to  and  supplement  the  definitions  in 
Chapter  20  and  other  Sections  of  this  Building  Code. 

(1)  "Base  Flood  Discharge"  means  the  quantity  of 
water  actually  flowing  at  the  peak  of  a  one  hundred  (100) 
year  flood. 

(2)  "Development"  means  any  construction,  reconstruc- 
tion, modification,  extension  or  expansion  of  buildings  or 
structures,  placement  of  fill,   dredging,   drilling,  mining. 


ORDINANCES  143 

storage  of  materials,  land  excavation,  land  clearing,  grad- 
ing, paving,  land  improvement,  or  any  combination  thereof, 

(3)  "Flood"  means  a  general  temporary  inundation  of 
normally  dry  land  areas. 

(U)  "Flood  Plain"  means  (1)  a  relatively  flat  or  low 
land  area  adjoining  a  river,  stream  or  watercourse  which 
is  subject  to  partial  or  complete  inundation;  ■££)-  an  area 
oubjoot  to  the  unusual  and  rapid  accumulation  or  runoff 
of  eurfaco  watore  from  any  source;  or  4$)-(2)  any  area 
shown  as  a  flood  plain  on  the  series  of  maps  known  as  the 
Flood  Insurance  Study,  effective  March  15,1978  and  as  they 
may  be  revised  or  amended,  prepared  for  the  Department  of 
Housing  and  Urban  Development,  Federal  Insurance  Ad- 
ministration. 

(5)  "Floodway  (Fl)"  means  that  portion  of  the  flood 
plain  district  required  to  carry  and  dioohargo  the  watore 
of  the  one  hundred  (100)  yea*  flood  without  increasing 
the  water  eurfaco  elevation  at  any  point,  m  the  floodway* 
m-oro  than  one  -ft}-  foot  abovo  existing  oonditione.  THE 
CHANNEL  OF  A  RIVER  OR  OTHER  WATERCOURSE 
AND  THE  ADJACENT  LAND  AREAS  THAT  MUST  BE 
RESERVED  IN  ORDER  TO  DISCHARGE  THE  BASE 
FLOOD  WITHOUT  CUMULATIVELY  INCREASING 
THE  WATER  SURFACE  ELEVATION  MORE  THAN 
ONE  (1)  FOOT. 

(6)  "Floodway  Fringe  (F2)"  means  those  portions  of 
land  within  the  flood  plain  district,  subject  to  flooding  by 
the  one  hundred  (100)  year  flood,  lying  beyond  the  flood- 
way  in  areas  where  detailed  study  data  and  profiles  are 
made  available. 

(7)  "Approximated  Flood  Plain  (F3)"  means  those  por- 
tions of  land  within  the  flood  plain  district,  subject  to  flood- 
ing by  the  one  hundred  (100)  year  flood,  where  a  detailed 
study  has  not  been  performed  but  where  a  one  hundred 
(100)  year  flood  plain  boundary  has  been  approximated. 

(8)  "Harbor  Flood  Zone  (HFZ)"  means  those  portions 
of  the  flood  plain  district,  subject  to  flooding  by  a  one 
hundred  (100)  year  flood,  adjacent  to  the  Harbor  (Patap- 
sco  River). 


144  ORDINANCES  Ord.  No.  677 

(9)  "Shallow  Flood  Zone  (SFZ)"  means  an  area  within 
the  Flood  Plain  Distinct  ivith  base  flood  depths  from  one 
to  throe  TWO  feet  where  a  clearly  defined  channel  does  not 
exist,  ivhere  the  path  of  flooding  is  unpredictable  ebnd  mde 
tormhiato,  and  where  velocity  flow  may  be  evident. 

(10)  "Floodproofing"  means  any  combination  of  struc- 
tural and  non-structural  additions,  changes  or  adjustments 
to  properties  and  structures  which  reduce  or  eliminate 
flood  damage  to  land,  water  and  sanitary  facilities,  struc- 
tures and  contents  of  buildings. 

(11)  "Land  Development"  means  (1)  the  improvement 
of  one  lot,  or  two  or  more  contiguous  lots,  tracts  or  parcels 
of  land  for  any  purpose  involving  (a)  a  group  of  two  or 
more  buildings,  or  (b)  the  division  or  allocation  of  land 
or  space  behveen  or  among  two  or  more  existing  or  pro- 
spective occupants  by  means  of,  or  for  the  purpose  of, 
streets,  common  areas,  leaseholds,  condominiums,  building 
groups  or  other  features;  (2)  a  subdivision  land. 

(12)  "Mobile  Home*  Travel  Trailer,  Motorized  Home, 
Recreation  Vehicle"-  moan  structures  built  mi  a  permanont 
chassis,  designed  £#  be  used  without  a  permanont  foun 
datiom 

(12)  "MOBILE  HOME"  MEANS  A  STRUCTURE, 
TRANSPORTABLE  IN  ONE  OR  MORE  SECTIONS, 
WHICH  IS  BUILT  ON  A  PERMANENT  CHASSIS  AND 
DESIGNED  TO  BE  USED  WITH  OR  WITHOUT  A 
PERMANENT  FOUNDATION  WHEN  CONNECTED  TO 
THE  REQUIRED  UTILITIES. 

(13)  "Neiv  Construction"  means,  for  flood  plain  man- 
agement purposes,  structures  for  which  the  start  of  con- 
struction began  on  or  after  the  effective  date  of  this 
ordinance. 

(Ik)  "One  Hundred  (100)  Year  Flood"  means  a  flood 
that  has  one  chance  in  one-hundred  or  a  one  percent  chance 
of  being  equalled  in  any  given  year.  DELINEATION  OF 
AREAS  SUBJECT  TO  FLOODING  BY  THE  ONE  HUN- 
DRED YEAR  FLOOD  IS  BASED  ON  AVAILABLE  IN- 
FORMATION, STUDIES,  AND  ENGINEERING  TECH- 
NOLOGY CONTAINED  IN  THE  FLOOD  INSURANCE 


ORDINANCES  145 

STUDY  FOR  BALTIMORE  CITY,  EFFECTIVE  MARCH 
15,  1978. 

(15)  "Principally  Above  Ground"  means  that  at  least 
51  percent  of  the  actual  cash  value  of  structural  im- 
provements is  above  ground. 

(16)  i( Residential  Structure"  means  any  structure  used 
primarily  for  the  purpose  of  sleeping,  eating,  and  cooking. 

(17)  "Structure"  means  a  walled  and/or  roofed  build- 
ing, including  a  gas  or  liquid  storage  tank,  that  is  princi- 
pally above  ground,  as  tvell  as  a  mobile  home,  travel 
trailer,  motorized  home,  any  other  recreational  vehicle  or 
trailer,  any  free-standing  signs,  storage  sheds,  and  elevated 
decks. 

(18)  "Subdivision"  means  the  division  or  redivision  of 
a  lot,  tract,  or  parcel  of  land  by  any  means  into  two  or 
more  lots,  tracts,  parcels,  or  other  divisions  of  land,  includ- 
ing changes  in  existing  lot  lines  for  the  purpose,  whether 
immediate  or  future,  of  lease,  transfer  of  ownership, 
building,  or  lot  development. 

(19)  "Substantial  Improvement"  means  any  repair,  re- 
construction or  improvement  of  a  structure,  the  cost  of 
which  equals  or  exceeds  50  percent  of  the  market  value  of 
the  structure  either,  (1)  before  the  improvement  or  repair 
is  started,  or  (2)  if  the  structure  has  been  damaged,  and 
is  being  restored,  before  the  damage  occurred. 

For  the  purpose  of  this  definition  "substantial  improve- 
ment" is  considered  to  occur  when  the  first  alteration  of 
any  wall,  ceiling,  floor,  or  other  structural  part  of  the 
building  commences,  ivhether  or  not  that  alteration  affects 
the  external  dimensions  of  the  structure.  The  term  does 
not,  however,  include  (1)  any  project  for  improvement  of 
a  structure  to  comply  with  existing  state  or  local  health, 
sanitary,  or  safety  code  specifications  which  are  necessary 
solely  to  assure  safe  and  sanitary  living  conditions,  or  (2) 
any  alteration  of  a  structure  listed  on  the  National  Register 
of  Historic  Places-;  the  National  Historic  Landmarks  List, 
OR  a  State  Inventory  of  Historic  Places  ev  the  Gity-  of-  Balti 
more  Landmark  List  or  m  &  Historical  am4  Architectural 
Preservation  District. 


146  ORDINANCES  Ord.  No.  677 

SECTION  282.     FLOODWAY 

2821.  In  the  floodway  (Fl),  the  following  improve- 
ments or  construction  are  prohibited: 

(1)  Fill,  buildings,  DEVELOPMENT,  or  other  en- 
croachments which  would  result  in  any  increase  in  flood 
levels  during  the  occurrence  of  the  base  flood  discharge. 

(2)  Substantial  improvements  to  existing  non-conform- 
ing structures  and/or  uses. 

(S)  Any  mobile  home,  travel  trailer,  motorized  home, 
or  other  recreational  vehicle  or  trailer. 

(Jf)     Fences  or  walls. 

(5)  Other  construction,  temporary  or  permanent,  in- 
cluding landscaping,  which  may  impede,  retard  or  change 
the  direction  of  the  flow  of  water  or  that  will  catch  or 
collect  debris  carried  by  such  water,  or  that  is  placed  where 
the  natural  flow  of  the  stream  or  flood  waters  would  carry 
the  same  downstream  to  the  damage  or  detriment  of  either 
public  or  private  property  adjacent  to  the  flood  plain. 

(6)  Cesspools,  septic  tanks,  seepage  pits,  any  private 
waste  disposal  system^  or  sanitary  landfills. 

(7)  Any  new  construction^  DEVELOPMENT  except 
stream  bank  stabilization  work,  and  utility  installation  and 
reconstruction  subject  to  the  requirements  of  Section  285 
of  this  Building  Code. 

2822.  Any  DEVELOPMENT  OR  construction  not  spe- 
cifically prohibited  in  paragraph  2821  shall  conform  to  the 
requirements  of  Section  283,  Development  Requirements, 
Construction  Methods  and  Materials  for  the  floodway  fringe 
(F2),  approximated  flood  plain  (F3),  and  harbor  flood  zone 
(HFZ). 

SECTION  288.  DEVELOPMENT  REQUIREMENTS, 
CONSTRUCTION  METHODS  AND  MATERIALS  FOR 
THE  FLOODWAY  FRINGE  (F2),  APPROXIMATED 
FLOOD  PLAIN  (F3)  AND  HARBOR  FLOOD  ZONE 
(HFZ). 


ORDINANCES  147 

2830.  Lowest  Floor  Elevations 

(1)  All  new  construction  and  substantial  improve- 
ments of  residential  structures  must  have  the  lowest  floor 
(including  basement)  elevated  to  or  above  the  100-year 
flood  elevation.  All  other  improvements  to  residential  struc- 
tures, up  to  the  level  of  the  one  hundred  (100)  year  flood 
shall  be  made  using  materials  and/or  construction  methods 
which  are  resistant  to  flood  damage.  If  flood  resistant 
methods  and/or  materials  are  utilized,  the  Commissioner 
shall  review  the  methods  and/or  materials  to  ensure  that 
they  are  adequate  to  withstand  flood  depths,  pressures, 
velocities,  impact  and  uplift  forces  and  other  factors  asso- 
ciated with  the  one  hundred  (1 00)  year  flood. 

(2)  All  new  construction  and  substantial  improvements 
on  non-residential  structures  shall  have  the  lowest  floor 
(including  basement)  elevated  to  or  above  the  100  year 
flood  elevation,  or  together  with  attendant  utility  and 
sanitary  facilities,  be  designed  so  that,  below  the  one  hun- 
dred (100)  year  flood  elevation,  the  structure  is  water- 
tight with  walls  substantially  impermeable  to  the  passage 
of  water  and  with  structural  components  having  the  capa- 
bility of  resisting  hydrostatic  and  hydrodynamic  loads  and 
the  effect  of  buoyancy. 

2831.  Placement  of  Buildings  and  Structures.  All  build- 
ings and  structures  shall  be  constructed  and  placed  on  the 
lot  so  as  to  offer  the  minimum  obstructions  to  the  flow 
and  height  of  the  flood  water.  MOBILE  HOMES  MAY  NOT 
BE  PLACED  IN  THE  FLOODWAY  FRINGE,  APPROX- 
IMATED FLOOD  PLAINS,  OR  HARBOR  FLOOD  ZONE. 

2832.  Fill  and  Landscape  Design 

(1)  Where  fill  is  placed,  it  shall  extend  past  the  struc- 
ture a  significant  distance  to  resist  erosion  or  other  effects 
of  flooding. 

■(&)■  F-Ul  shall  consist  &f  eml?  rock>  &?■  inorganic  roclc- 
tike  'materials  only.  Sanitary  land  fiMe  shall  net  be  pep- 

(2)  SANITARY  LANDFILLS  SHALL  BE  DESIGNED 
TO  MINIMIZE  OR  ELIMINATE  FLOOD  DAMAGE. 


148  ORDINANCES  Ord.  No.  677 

(S)  Fill  material  shall  be  compacted  to  provide  the 
necessary  stability  and  resistance  to  erosion,  scouring  or 
settling. 

(U)  Fill  slopes  shall  be  no  steeper  than  one  (1)  verti- 
cal to  two  (2)  horizontal,  unless  substantiating  d&te  DATA 
justifying  steeper  slopes  are  submitted  to  and  approved  by 
the  Commissioner. 

(5)  Fill  may  be  used  only  to  the  extent  to  which  it 
does  not  adversely  affect  adjacent  properties  and  does  not 
violate  the  State  of  Maryland,  Water  Resources  Adminis- 
tration's minimum  standards. 

(6)  Adequate  ground  cover  shall  be  provided  for  soil 
stabilization  within  the  flood  plain  district. 

(7)  Design  of  land  contours  and  choice  of  plant  mate- 
rials shall  direct  surface  runoff  away  from  structures  and 
shall  not  increase  surface  runoff  onto  neighboring  prop- 
erties. 

2833.  Anchoring.  All  buildings  and  structures  shall  be 
firmly  anchored  in  accordance  with  accepted  engineering 
practices  to  prevent  flotation,  collapse,  and  lateral  move- 
ment, thus  reducing  the  threat  to  life  and  property  and 
decreasing  the  possibility  of  obstructing  bridge  openings 
and  other  restricted  sections  of  the  watercourse  or  flood 
plain.  ALL  MOBILE  HOMES  OR  TEMPORARY  STRUC- 
TURES SHALL  BE  ANCHORED  TO  RESIST  FLOTA- 
TION, COLLAPSE  OR  LATERAL  MOVEMENT. 

283Jf.  Basement  Foundation  Walls.  Foundation  walls 
shall  be  reinforced  to  prevent  collapse  from  both  the  hydro- 
static and  hydrodynamic  pressures  of  the  one  hundred 
(100)  year  flood. 

2835.     Interior  Floors  and  Walls 

(1)  Wood  flooring  used  at  or  beloiv  the  first  floor  level 
shall  be  installed  to  accommodate  a  lateral  expansion  of 
the  flooring,  perpendicular  to  the  flooring  grain,  without 
incurring  structural  damage  to  the  building. 

(2)  All  finished  flooring  used  at  or  below  the  first  floor 
level  shall  be  made  of  materials  which  are  stable  and  re- 
sistant to  ivater  damage. 


ORDINANCES  149 

(3)  Plywood  used  at  or  below  the  first  floor  level  shall 
be  of  an  "exterior"  or  "marine"  grade  and  of  a  water- 
resistant  or  waterproof  variety. 

2836.  Electrical  Systems 

(1)  All  electric  water  heaters,  electric  furnaces  and 
other  permanent  electrical  installations  shall  be  permitted 
only  at  a  minimum  of  one  foot  &p  above  the  level  of  the 
one  hundred  (100)  year  flood. 

(2)  No  electrical  distribution  panels  shall  be  permitted 
at  an  elevation  less  than  three  feet  above  the  level  of  the 
one  hundred  (100)  year  flood. 

2837.  Plumbing.  Water  Heaters,  furnaces  and  other 
permanent  mechanical  installations  shall  be  permitted  only 
at  or  above  the  level  of  the  one  hundred  (100)  year  flood. 

2838.  Storage.  No  matorias  MATERIALS  that  are  buoy- 
ant, flammable,  explosive  or  toxic  or  which  can  be  spread, 
dispersed,  or  dissolved  in  times  of  flooding,  and  could  be  in- 
jurious to  human,  animal  or  plant  life  shall  be  stored  below 
the  level  of  the  one  hundred  (100)  year  flood. 

SECTION  28 U.  DEVELOPMENT  REQUIREMENTS, 
CONSTRUCTION  METHODS  AND  MATERIALS  FOR 
THE  SHALLOW  FLOOD  ZONE  (SFZ) 

28 UO.  All  requirements  for  elevating  buildings  and/ or 
floodprooflng  as  stated  in  Section  283  must  be  met,  except 
that  the  lowest  floor  elevation  requirements  are  as  follows: 

(1)  All  new  construction  and  substantial  improvements 
of  residential  structures  must  have  the  lowest  floor  (includ- 
ing basement)  elevated^  TWO  (2)  FEET  above  the  crown 
of  the  nearest  street^,  t&  &r  abovo  the  depth  numb  or  sped- 
fled  in  the  Flood  Insurance  Study  for  Baltimore  City. 

(2)  All  new  construction  and  substantial  improvements 
of  non-residential  structures  must  have  the  lowest  floor 
(including  basement)  elevated  TWO  (2)  FEET  above  the 
crown  of  the  nearest  street  to-  or  above  the  depth  number 
specified  in  the  Flood  Insurance  Study  for  Baltimore  QUy- 
,  or  together  with  attendant  utility  and  sanitary  facilities  be 
completely  flood  proofed,  in  conformity  with  Sections  283 


150  ORDINANCES  Ord.  No.  677 

and  285,  to  or  above  that  level  so  that  any  space,  below  that 
level,  is  watertight  with  walls  substantially  impermeable  to 
the  passage  of  water  and  with  structural  components  having 
the  capacity  of  resisting  hydrostatic  and  hydrodynamic 
loads  and  the  effect  of  buoyancy. 

(3)  MOBILE  HOMES  MAY  NOT  BE  PLACED  IN 
THE  SHALLOW  FLOOD  ZONE. 

SECTION  285.  UTILITY  INSTALLATION  AND  RE- 
CONSTRUCTION IN  ANY  PART  OF  THE  FLOOD 
PLAIN  DISTRICT. 

2850.  New  or  replacement  water  supply  systems  shall 
be  designed  to  eliminate  any  possible  infiltration  of  flood 
waters.  Water  systems  shall  be  designed  to  minimize  and, 
if  practical  eliminate  possible  damage  from  flood  waters  to 
the  extent  that  service  is  discontinued  or  the  water  supply 
is  contaminated  with  sanitary  or  other  wastes. 

2851.  New  or  replacement  sanitary  sewer  systems  shall 
be  designed  to  eliminate  infiltration  of  flood  waters  and 
ex  filtration  of  waste  water.  Sanitary  sewers  shall  be  de- 
signed to  minimize  and,  where  practical,  eliminate  possible 
structural  damage  from  flood  waters.  Whenever  possible, 
sanitary  sewers  should  be  designed  to  eliminato  e*  minimize 
stream  crossings  and  AVOID  areas  of  active  or  potential 
stream  bank  erosion.  All  sewer  pipes  shall  be  effectively 
sealed  to  prevent  leakage  at  all  times.  Cesspools,  seepage 
pits,  septic  tanks  and  other  private  waste  disposal  systems 
are  prohibited. 

2852.  All  gas,  electrical  and  other  facility  and  utility 
systems  shall  be  located  and  constructed  to  eliminate  or 
minimize  flood  damage. 

2853.  All  new  or  replacement  storm  drain  facilities  lo- 
cated in  the  flood  plain  shall  be  designed  to  minimize 
damage  from  flood  waters. 

SECTION  286.     BUILDING  PERMITS 

2860.  In  addition  to  information  normally  provided  on 
a  building  permit  application  and  construction  documents, 
the  following  must  also  be  provided  for  development,  new 


ORDINANCES  151 

construction    or    substantial    improvementsy    to    existing 
structures^  located  in  the  flood  plain: 

2861,  For  structures  to  be  elevated  above  the  one  hun- 
dred (100)  year  flood  elevation: 

(1)  The  Commissioner  mo&  SHALL  require,  for  any 
property  ivhich  in  whole  or  in  part  lies  within  the  flood  plain, 
or  for  any  property  which  the  Commissioner  determines 
may  be  affected  by  adjacency  to  a  flood  plain,  as  shown  in 
the  Flood  Insurance  Study,  an  accurate  survey  showing  ex- 
isting grades,  proposed  final  grades,  building  size  and  loca- 
tion, floor  elevations,  and  the  one  hundred  (100)  year 
flood  plain  elevation  which  shall  be  prepared  by  a  licensed 
surveyor  or  a  registered  professional  engineer. 

(2)  The  plans  shall  show  the  method  of  elevating  the 
proposed  structure,  including  details  of  proposed  fills,  pile 
structures,  retaining  walls,  foundations,  erosion  protec- 
tion measures,  etc.  These  plans  shall  be  prepared  by  a 
licensed  professional  engineer,  where  required  by  the  pro- 
visions of  Paragraph  6006  of  this  Building  Code,  or  by  a 
registered  architect. 

(3)  The  plans  shall  show  the  methods  used  to  protect 
utilities  (including  sewer,  water,  telephone,  electric,  gas, 
etc.)  below  the  one  hundred  (100)  year  flood  elevation 
at  the  building  site,  from  flooding. 

2862.  For  structures  to  be  floodproofed  below  the  one 
hundred  (100)  year  flood  elevation  (non-residential  struc- 
tures only): 

(1)  The  Commissioner  may  SHALL  require,  for  any 
property  which  in  whole  or  in  part  lies  within  the  flood  plain, 
or  for  any  property  which  the  Commissioner  determines 
may  be  affected  by  adjacency  to  a  flood  plain,  as  shown  in 
the  Flood  Insurance  Study,  an  accurate  survey  showing  ex- 
isting grades,  proposed  final  grades,  building  size  and  loca- 
tion, floor  elevations,  and  the  one  hundred  (100)  year  flood 
plain  elevation,  which  shall  be  prepared  by  a  licensed  sur- 
veyor, or  a  registered  professional  engineer. 

(2)  The  plans  for  floodproofing  prepared  by  a  regis- 
tered professional  engineer,  when  required  by  the  provi- 
sions  of  Paragraph   6006   of   this   Building   Code,   or  a 


152  ORDINANCES  Ord.  No.  677 

registered  architect  shall  be  accompanied  by  a  certificate 
of  the  engineer  or  architect  that  the  structure  in  question, 
together  with  attendant  utilities  and  sanitary  facilities  is 
designed  so  that: 

(a)  below  the  one  hundred  (100)  year  flood  elevation 
the  structure  is  water-tight  ivith  walls  substantially  im- 
permeable to  the  passage  of  water. 

(b)  the  structure  tvill  withstand  the  hydrostatic,  hy- 
drodynamic,  buoyant,  impact  and  other  forces  resulting 
from  the  flood  depths,  velocities,  pressures,  and  other  fac- 
tors associated  with  the  one  hundred  (100)  year  flood. 

2863.  All  permit  applications  for  development,  new 
construction  or  substantial  improvement  shall  include  a 
plan  drawing  showing  the  location  of  all  existing  and 
proposed  public  and  private  utilities,  facilities  and  drain- 
age structures.  The  one  hundred  (100)  year  flood  elevation 
shall  be  delineated  on  the  plan.  All  plans  shall  be  certified 
by  a  licensed  professional  engineer,  where  required  by 
Paragraph  6006  of  this  Building  Code,  or  a  registered  ar- 
chitect and  shall  be  reviewed  by  the  Commissioner  to 
assure  that: 

(1)  All  such  proposals  are  consistent  with  the  need  to 
minimize  flood  damage. 

(2)  All  necessary  permits  have  been  received  from  the 
State  of  Maryland,  Water  Resources  Administration  and 
appropriate  Federal  agencies. 

(3)  All  public  and  private  utilities  and  facilities  (in- 
cluding setver,  water,  telephone,  electric,  gas,  etc.)  are  lo- 
cated and  constructed  to  minimize  or  eliminate  flood 
damage. 

(U)  Adequate  drainage  is  provided  to  reduce  exposure 
to  flood  hazard. 

SECTION  287,.  WAIVER  OF  MUNICIPAL  AND  PER- 
SONAL LIABILITY.  Issuance  of  a  building  permit  in  ac- 
cordance with  the  Flood  Plain  District  Regulations  of  the 
Building  Code  is  not  a  representation,  guarantee,  or  war- 
ranty of  any  kind  that  the  structure  is  not  located  in  the 
flood  plain  or  that  the  structure  tvill  not  be  damaged,  in 
any  way,  by  a  flood,  and  said  permit  issuance  shall  create 


ORDINANCES  153 

no  liability  upon  Baltimore  City,  its  elected  or  appointed 
officials,  or  its  employees. 

SECTION  288.  VARIANCES 

2880.  Variances  from  the  requirements  of  Section  283, 
and  Section  28U  and  Section  285  may  be  granted  for  struc- 
tures in  the  floodway  fringe,  approximated  flood  plain, 
harbor  flood  zone,  and  shalloiv  flood  zone  for  the  following 
conditions : 

■£!-)■  Hietoric  A<?em  a&d  Structures — for  substantial 
improvements,  reconstruction  rehabilitation  or  restoration 

l/J       OVt   IVWtVf   VO      \J  TV     VTW     J.T  IX  V  V  U  TVIXIV     ±  V  "  t/  BO  <JU  I        \J  J       X^n^i  v\s  •    v\j     X     v\m\s\s\j  , 

~\7n-Lir\"rtri  7    TJ  i  c*  +  r\ /*»■)*/>    T  ri  -vi  A  /vyi  n  /y»  7/»  c.    J  n  oj-      rt    SLLoJm    T  Wf  Wftf.fi  V11    fif  JJ  j{\ 
1  T  KX  V  *\J  J  t  tVV    1.1   CCJfC'/    CT7    J— I  {,V  1  t\.V  1 1  VK.V  I    I  V\J    1-J  IU  V ,    w    t^r  vw  vv    m.   t  v  \j  \s  i  w  \j  I    vj     \s  J      A-*.  vXJ 

torio  Places,  or  the  Gity  of  Baltimore  Landmark  List  &p  m 
a  Historical  ebnd  Architectural  Preservation  District. 

■£&)-(l)  Severe  Hardship — for  substantial  improvements 
where,  because  of  extraordinary  circumstances,  local  con- 
ditions may  render  the  application  of  certain  standards  a 
severe  hardship. 

■(&)■( 2)  Harbor  Flood  Area — for  new  construction  and 
substantial  improvements  in  the  hazard  area  adjacent  to  the 
harbor  defined  as  the  Harbor  Flood  Zone  in  Section  281. 

2881.  THE  COMMISSIONER  MAY  GRANT  A  VARI- 
ANCE IN  ACCORDANCE  WITH  THE  FOLLOWING 
ADDITIONAL  STANDARDS: 

(1)  A  DETERMINATION  THAT  FAILURE  TO 
GRANT  THE  VARIANCE  WOULD  RESULT  IN  EX- 
CEPTIONAL HARDSHIP  TO  THE  APPLICANT. 

(2)  A  DETERMINATION  THAT  THE  GRANTING 
OF  A  VARIANCE  WILL  NOT  RESULT  IN  INCREASED 
FLOOD  HEIGHTS,  ADDITIONAL  THREAT  TO  PUBLIC 
SAFETY,  EXTRAORDINARY  PUBLIC  EXPENSE,  OR 
CREATE  NUISANCES. 

(3)  A  DETERMINATION  THAT  THE  VARIANCE 
IS  THE  MINIMUM  NECESSARY,  CONSIDERING  THE 
FLOOD  HAZARD,  TO  AFFORD  RELIEF. 

2882.  IF  THE  COMMISSIONER  GRANTS  A  VARI- 
ANCE HE  SHALL  NOTIFY  THE  APPLICANT  THAT: 


154  ORDINANCES  Ord.  No.  677 

(1)  CONSTRUCTION  OF  A  STRUCTURE  BELOW 
THE  BASE  FLOOD  LEVEL  WILL  RESULT  IN  IN- 
CREASED PREMIUM  RATES  FOR  FLOOD  INSUR- 
ANCE; AND 

(2)  CONSTRUCTION  BELOW  THE  BASE  FLOOD 
LEVEL  INCREASES  RISKS  TO  LIFE  AND  PROPERTY. 

2881,  2883.  The  Commissioner  shall  prepare  an  annaul 
ANNUAL  report  to  be  sent  to  the  Flood  Insurance  Ad- 
ministrator of  all  variances  granted  during  the  preceding 
year,  describing  the  conditions  under  which  the  variances 
were  granted  and  the  guarantees  required  by  the  Commis- 
sioner to  assure  flood  hazards  would  not  thereby  be 
increased. 

Sec.  2.  And  be  it  further  ordained,  That  the  provisions 
of  this  Chapter  are  hereby  declared  to  be  severable.  If  any 
word,  phrase,  clause,  sentence,  paragraph,  section  or  part 
in  or  of  this  Chapter  or  the  application  thereof  to  any  per- 
son, circumstance  or  thing  is  declared  invalid  for  any 
reason  whatsoever,  the  remaining  provisions  and  the  appli- 
cation of  such  provisions  to  other  persons,  circumstances 
or  things  shall  not  be  affected  thereby  but  shall  remain  in 
full  force  and  effect,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  Chapter  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part,  or  the  appli- 
cation thereof,  so  held  invalid. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  9,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  155 

No.   678 
(Council  No.  804) 

An  Ordinance  granting  permission  to  the  East  End  Hotel, 
Inc.  for  the  establishment  of  a  non-profit  home  for  the 
rehabilitation  of  non-bedridden  alcoholic  persons  on  the 
property  located  at  1105  E.  Fayette  Street,  under  the 
provisions  of  Sections  6.3-ld  of  Article  30  of  the  Balti- 
more City  Code  (1966  Edition),  title  "Zoning"  as 
ordained  by  Ordinance  1051,  approved  April  20,  1971, 
subject  to  the  condition  of  continuing  certification  by  the 
State  of  Maryland  Division  e£  Alcoholism  Control  AD- 
MINISTRATION. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  is  hereby  granted  to  East 
End  Hotel,  Inc.,  for  the  establishment  of  a  non-profit  home 
for  the  rehabilitation  of  non-bedridden  alcoholic  persons 
on  the  property  located  at  1105  E.  Fayette  Street,  under 
the  provisions  of  Sections  6.3-ld  and  11.0-6d  of  Article  30 
of  the  Baltimore  City  Code  (1966  Edition),  title  "Zoning," 
as  ordained  by  Ordinance  1051,  approved  April  20,  1971, 
subject  to  the  condition  of  continuing  certification  by  the 
State  of  Maryland  Division  e£  Alcoholism  Control  AD- 
MINISTRATION. 

Sec.  2.  And  be  it  further  ordained,  That  whenever  the 
continuous  operation  of  such  use  has  been  discontinued 
for  a  period  of  twelve  (12)  consecutive  months,  it  shall 
not  be  thereafter  re-established  unless  a  new  ordinance  is 
approved  by  the  Mayor  and  City  Council  of  Baltimore. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  30  days  from  the  date  of  its  passage. 

Approved  March  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


156  ORDINANCES  Ord.  No.  679 

No.  679 
(Council  No.  1142) 

An  Ordinance  to  authorize  the  use  of  the  properties  known 
as  43S0  1358-1372  N.  Calhoun  Street,  as  outlined  in  red 
on  the  AMENDED  plats  accompanying  this  ordinance, 
for  an  open  air  off-street  parking  facility  in  the  R-8  Dis- 
trict, pursuant  to  Sections  4.8-ld  and  11.0-6d  of  Article 
30  of  the  Baltimore  City  Code  (1966  Edition),  title  "The 
Zoning  Ordinance  of  Baltimore  City"  (Ordinance  No. 
1051)  approved  April  20,  1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  properties  known  as  4&6Q  1358-1372 
N.  Calhoun  Street,  as  outlined  in  red  on  the  AMENDED 
plats  accompanying  this  ordinance,  be  and  they  are  hereby 
authorized  for  use  as  an  open  air  off-street  parking  facility 
in  the  R-8  District,  pursuant  to  Sections  4.8-ld  and  11.0-6d 
of  Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "The  Zoning  Ordinance  of  Baltimore  City"  (Ordinance 
No.  1051)  approved  April  20,  1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to  the 
following :  the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development,  the  Com- 
missioner of  Transit  and  Traffic,  and  the  Zoning  Adminis- 
trator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  March  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  157 

No.   680 
(Council  No.  1163) 

An  Ordinance  to  authorize  the  use  of  the  properties  known 
as  111-113  E.  24th  Street  located  on  the  south  side  of 
24th  Street  west  of  Calvert  Street,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance,  for  an  open  air 
off-street  parking  facility  in  the  O-R-2  Zoning  District, 
pursuant  to  Sections  5.1-ld  and  11.0-6d  of  Article  30  of 
the  Baltimore  City  Code  (1966  Edition),  title  'The  Zon- 
ing Ordinance  of  Baltimore  City"  (Ordinance  No.  1051) 
approved  April  20, 1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  properties  known  as  111-113  E. 
24th  Street  located  on  the  south  side  of  24th  Street,  west  of 
Calvert  Street,  as  outlined  in  red  on  the  plats  accompanying 
this  ordinance,  be  and  they  are  hereby  authorized  for  use 
as  an  open  air  off-street  parking  facility  in  the  O-R-2  Zon- 
ing District,  pursuant  to  Sections  5.1-ld  and  11.0-6d  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "The  Zoning  Ordinance  of  Baltimore  City"  (Ordi- 
nance No.  1051),  approved  April  20, 1971. 

SEC.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development,  the 
Commissioner  of  Transit  and  Traffic,  and  the  Zoning  Ad- 
ministrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  March  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


158  ORDINANCES  Ord.  No.  681 

No.   681 
(Council  No.  1182) 

An  Ordinance  to  authorize  the  establishment,  maintenance 
and  operation  of  housing  for  the  elderly,  containing  100 
dwelling  units  on  the  property  lying  north  of  Harlem 
Avenue  and  east  of  North  Arlington  Avenue,  as  shown 
outlined  in  red  on  the  AMENDED  plats  accompanying 
this  ordinance,  this  ordinance  being  ordained  under  the 
provisions  of  Sections  4.8-ld  and  11.0-6d  of  Article  30 
of  the  Baltimore  City  Code  (1966  Edition),  title  "Zoning 
Ordinance  of  Baltimore  City,"  as  ordained  by  Ordinance 
1051,  approved  April  20,  1971,  and  as  amended  by  Ordi- 
nance 1202,  approved  November  29,  1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Baltimore 
hereby  authorizes  the  establishment,  maintenance,  and 
operation  of  housing  for  the  elderly,  containing  100  dwelling 
units  on  the  property  lying  north  of  Harlem  Avenue  and 
east  of  North  Arlington  Avenue,  as  shown  outlined  in  red 
on  the  AMENDED  plats  accompanying  this  ordinance,  un- 
der and  pursuant  to  the  provisions  of  Sections  4.8-ld  and 
11.0-6d  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning  Ordinance  of  Baltimore  City,"  as 
ordained  by  Ordinance  1051,  approved  April  20,  1971,  and 
as  amended  by  Ordinance  1202,  approved  November  29, 
1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof,  and  in  order  to 
give  notice  to  the  departments  which  are  administering  the 
Zoning  Ordinance,  the  President  of  the  City  Council  shall 
sign  the  plat,  and  when  the  Mayor  approves  the  ordinance 
he  shall  sign  the  Plat,  The  City  Treasurer  shall  then  trans- 
mit a  copy  of  the  ordinance  and  one  of  the  plats  to  the 
following:  the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development,  the  Commissioner 
of  Transit  and  Traffic,  and  the  Zoning  Administrator. 


ORDINANCES  159 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  March  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  682 
(Council  No.  1287) 

An  Ordinance  authorizing  the  acquisition  by  purchase  or 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more of  the  fee  simple  interests  or  such  other  interests  as 
the  Director  of  The  Department  of  Public  Works  may 
deem  necessary  or  sufficient,  in  and  to  certain  pieces  or 
parcels  of  land  situate  in  Baltimore  City,  for  public  high- 
way purposes,  namely  for  the  opening,  widening,  grading, 
construction  and  maintenance  of  St.  Thomas  Avenue, 
extending  from  Findlay  Road,  Southeasterly,  to  Plain- 
field  Avenue  and  authorizing  the  acquisition  by  purchase 
or  condemnation  of  any  property,  rights,  interests,  ease- 
ments and/or  franchises  necessary  in  the  opening,  widen- 
ing, grading,  construction  and  maintenance  of  said  St. 
Thomas  Avenue;  and  authorizing  the  making  of  all 
necessary  agreements  concerning  said  St.  Thomas  Ave- 
nue; and  authorizing  the  construction  of  said  St.  Thomas 
Avenue;  the  location  and  course  of  said  St.  Thomas  Ave- 
nue being  shown  on  a  plat  thereof  numbered  117-A-2, 
Sheets  1,  16,  7  &  4  of  17,  prepared  by  the  Surveys  and 
Records  Division  and  filed  in  the  Office  of  the  Director  of 
The  Department  of  Public  Works  on  the  Twenty-second 
(22nd)  day  of  September,  1976. 

Section  I.Beit  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  necessary  to  acquire  by  purchase 
or  condemnation  for  public  highway  purposes,  namely,  for 
the  opening,  widening,  grading,  construction  and  mainte- 
nance of  St.  Thomas  Avenue,  extending  from  Findlay  Road, 
southeasterly  to  Plainfield  Avenue;  the  fee  simple  interests 
or  such  other  interests  as  the  Director  of  The  Department 


160  ORDINANCES  Ord.  No.  682 

of  Public  Works  may  deem  necessary,  in  and  to  the  pieces 
or  parcels  of  land,  situate  in  Baltimore  City,  including  the 
improvements  thereon,  bounded  as  follows: 

Portion  of  the  property  known  as  No.  4601  Mannasota 
Avenue,  Beginning  for  the  same  at  the  point  formed  by 
the  intersection  of  the  northeast  side  of  St.  Thomas  Avenue, 
as  now  laid  out  varying  in  width,  and  the  southeast  side  of 
Mannasota  Avenue,  as  now  laid  out  varying  in  width,  said 
point  of  beginning  being  the  beginning  of  the  parcel  of  land 
conveyed  by  Philip  N.  Brownstein,  Federal  Housing  Com- 
missioner to  John  Michael  Wild  and  Wife  by  deed  dated 
March  12,  1964  and  recorded  among  the  Land  Records  of 
Baltimore  City  in  Liber  J.F.C.  No.  1660,  Folio  101  and  run- 
ning thence  binding  on  the  southeast  side  of  said  Mannasota 
Avenue  and  on  the  first  line  of  said  deed,  there  situate, 
Northeasterly  50.52  feet;  thence  binding  on  part  of  the 
second  line  of  said  deed,  Southeasterly  5  feet,  more  or  less, 
to  intersect  a  line  drawn  parallel  with  and  distant  5.00  feet 
southeasterly  measured  at  right  angles  from  the  southeast 
side  of  said  Mannasota  Avenue;  thence  binding  on  said 
line  so  drawn  and  on  the  southeast  side  of  Mannasota 
Avenue,  40  feet  wide,  South  33°-14'-20"  West  29  feet,  more 
or  less,  to  the  east  side  of  Mannasota  Avenue,  as  realigned 
and  widened  varying  in  width;  thence  binding  on  the  east 
side  of  last  said  Mannasota  Avenue  by  a  line  curving  to  the 
left  with  a  radius  of  15.00  feet  the  distance  of  20.07  feet 
which  arc  is  subtended  by  a  chord  bearing  South  05°-06'- 
02.5"  East  18.61  feet  to  intersect  the  northeast  side  of  St. 
Thomas  Avenue,  as  realigned  and  widened  to  a  width  of  40 
feet;  thence  binding  on  the  northeast  side  of  last  said  St. 
Thomas  Avenue,  South  43°-26'-25"  East  93  feet,  more  or 
less,  to  intersect  the  third  line  of  said  deed;  thence  binding 
on  part  of  the  third  line  of  said  deed,  to  the  end  thereof, 
Southwesterly  4  feet,  more  or  less,  to  the  northeast  side  of 
St.  Thomas  Avenue  mentioned  firstly  herein  and  thence 
binding  on  the  northeast  side  of  St.  Thomas  Avenue  men- 
tioned firstly  herein  and  on  the  last  line  of  said  deed,  there 
situate,  Northwesterly  108.42  feet  to  the  place  of  beginning. 

Containing  1046  square  feet  of  land,  more  or  less. 

Portion  of  the  property  known  as  No.  4522  Mannasota 
Avenue,  Beginning  for  the  same  at  the  point  formed  by  the 


ORDINANCES  161 

intersection  of  the  southwest  side  of  St.  Thomas  Avenue, 
as  now  laid  out  varying  in  width,  and  the  northwest  side  of 
Mannasota  Avenue,  as  now  laid  out  varying  in  width,  and 
running  thence  binding  on  the  northwest  side  of  said  Manna- 
sota Avenue,  Southwesterly  22  feet,  more  or  less,  to  the  west 
side  of  Mannasota  Avenue,  as  realigned  varying  in  width; 
thence  binding  on  the  west  side  of  last  said  Mannasota 
Avenue,  North  04°-51'-45"  West  12.46  feet  to  intersect  the 
southwest  side  of  St.  Thomas  Avenue,  as  realigned  and 
widened  to  a  width  of  40  feet;  thence  binding  on  the  south- 
west side  of  last  said  St.  Thomas  Avenue  by  a  line  curving 
to  the  right  with  a  radius  of  3259.08  feet  the  distance  of 
23.06  feet  which  arc  is  subtended  by  a  chord  bearing  North 
43°-27'-19"  West  23.06  feet  to  a  bend  on  the  southwest  side 
of  last  said  St.  Thomas  Avenue; 

thence  continuing  to  bind  on  the  southwest  side  of  last  said 
St.  Thomas  Avenue,  North  43°-26'-25"  West  110.74  feet  to 
another  bend  on  the  southwest  side  of  St.  Thomas  Avenue, 
as  realigned  and  widened  varying  in  width;  thence  binding 
on  the  southwest  side  of  last  said  St.  Thomas  Avenue, 
northwesterly  by  a  line  curving  to  the  left  with  a  radius 
of  820.32  feet  the  distance  of  33  feet,  more  or  less,  to  inter- 
sect the  last  line  of  the  second  parcel  of  land  conveyed  by 
Frank  J.  Kraus  and  Wife  to  Irma  N.  Kulishek  by  deed 
dated  October  30,  1968  and  recorded  among  the  Land 
Records  of  Baltimore  City  in  Liber  R.H.B.  No.  2440, 
Folio  263;  thence  binding  on  part  of  the  last  line  of  the 
second  parcel  of  land  described  in  said  deed,  to  the  end 
thereof,  Northeasterly  3  feet,  more  or  less,  to  the  south- 
west side  of  St.  Thomas  Avenue,  as  now  laid  out  40  feet 
wide,  and  thence  binding  on  the  southwest  side  of  last 
said  St.  Thomas  Avenue  and  on  the  first  line  of  the  second 
parcel  of  land  described  in  said  deed,  there  situate,  South- 
easterly 20  feet  to  the  southwest  side  of  St.  Thomas  Avenue 
mentioned  firstly  herein  and  thence  binding  on  the  south- 
west side  of  St.  Thomas  Avenue  mentioned  firstly  herein  and 
on  part  of  the  last  line  of  the  first  parcel  of  land  described  in 
said  deed,  there  situate,  Southeasterly  153  feet,  more  or 
less,  to  the  place  of  beginning. 

Containing  1431  square  feet  of  land,  more  or  less. 

Portion  of  the  property  known  as  Lot  16A  of  Block 
5963A,  Beginning  for  the  same  at  a  point  on  the  southwest 


162  ORDINANCES  Ord.  No.  682 

side  of  St.  Thomas  Avenue,  as  now  laid  out  varying  in 
width,  said  point  of  beginning  being  the  beginning  of  the 
twentieth  line  of  the  parcel  of  land  conveyed  by  The 
Whiteley-Pratt  Company  to  David  Brown  by  deed  dated 
June  10,  1953  and  recorded  among  the  Land  Records  of 
Baltimore  City  in  Liber  M.L.P.  No.  9181,  Folio  283  and 
running  thence  binding  on  the  southwest  side  of  said  St. 
Thomas  Avenue  and  on  the  twentieth  line  of  said  deed, 
there  situate,  Southeasterly  40  feet;  thence  binding  on 
part  of  the  twenty-first  line  of  said  deed,  Southwesterly 
6  feet,  more  or  less,  to  intersect  the  southwest  side  of  St. 
Thomas  Avenue,  as  widened  on  the  southwest  side  thereof 
from  a  varying  width  to  a  width  of  40  feet;  thence  binding 
on  the  southwest  side  of  last  said  St.  Thomas  Avenue, 
North  46°-44'-24"  West  40  feet,  more  or  less,  to  intersect 
the  nineteenth  line  of  said  deed  and  thence  binding  on  part 
of  the  nineteenth  line  of  said  deed,  to  the  end  thereof,  North- 
easterly 6  feet,  more  or  less,  to  the  place  of  beginning. 

Containing  240  square  feet  of  land,  more  or  less. 

Portion  of  the  property  known  as  No.  4400/10  Moravia 
Road,  Beginning  for  the  same  at  a  point  on  the  southwest 
side  of  St.  Thomas  Avenue,  as  now  laid  out  varying  in  width, 
said  point  of  beginning  being  the  beginning  of  the  seventh 
line  of  the  first  parcel  of  land  conveyed  by  Burton  M. 
Greenstein  to  David  S.  Brown  and  Wife  "Etal"  by  deed 
dated  February  7,  1969  and  recorded  among  the  Land  Rec- 
ords of  Baltimore  City  in  Liber  R.H.B.  No.  2478,  Folio  486 
and  running  thence  binding  on  the  southwest  side  of  said 
St.  Thomas  Avenue  and  on  the  seventh  line  of  the  first 
parcel  of  land  described  in  said  deed,  there  situate,  South- 
easterly 146.46  feet  to  intersect  the  southwest  side  of  Plain- 
field  Avenue,  as  now  laid  out  varying  in  width;  thence 
binding  on  the  southwest  side  of  said  Plainfield  Avenue 
and  on  part  of  the  eighth  line  of  the  first  parcel  of  land 
described  in  said  deed,  there  situate,  southeasterly  by  a  line 
curving  to  the  right  with  a  radius  of  100.00  feet  the  distance 
of  53  feet,  more  or  less,  to  intersect  the  southwest  side 
of  St.  Thomas  Avenue,  as  realigned  and  widened  on  the 
southwest  side  thereof  varying  in  width;  thence  binding 
on  the  southwest  side  of  last  said  St.  Thomas  Avenue  by  a 
line  curving  to  the  left  with  a  radius  of  80.37  feet  the  dis- 
tance of  34.21  feet  which  arc  is  subtended  by  a  chord  bearing 


ORDINANCES  163 

North  34°-32'-40.5"  West  33.96  feet  to  the  southwest  side 
of  St.  Thomas  Avenue,  as  widened  on  the  southwest  side 
thereof  from  a  varying  width  to  a  width  of  40  feet;  thence 
binding  on  the  southwest  side  of  last  said  St.  Thomas  Ave- 
nue, North  46°-44'-24"  West  164  feet,  more  or  less,  to  inter- 
sect the  sixth  line  of  the  first  parcel  of  land  described  in 
said  deed;  thence  binding  on  part  of  the  sixth  line  of  the 
first  parcel  of  land  described  in  said  deed,  to  the  end 
thereof,  Northeasterly  7  feet,  more  or  less,  to  the  place  of 
beginning. 

Containing  1162  square  feet  of  land,  more  or  less. 

Including  all  property,  rights,  interests,  easements  and/ 
or  franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  St.  Thomas  Avenue, 
the  location  and  course  of  said  St.  Thomas  Avenue  being 
shown  on  a  plat  thereof  numbered  117-A-2,  Sheets  1,  16, 
7  &  4  of  17,  prepared  by  the  Surveys  and  Records  Division 
and  filed  in  the  office  of  The  Director  of  The  Department  of 
Public  Works  on  the  Twenty-second  (22nd)  day  of  Septem- 
ber, 1976. 

Any  mention  or  reference  to  any  streets,  roads,  avenues, 
highways  or  alleys  in  this  ordinance  or  on  the  plat  referred 
to  herein  are  for  the  purpose  of  description  only,  and  shall 
not  be  held  or  taken  to  be  any  evidence  whatever  that  said 
streets,  roads,  avenues,  highways,  alleys  or  any  of  them, 
are  public,  dedicated  or  private  thoroughfares. 

SEC.  2.  And  be  it  further  ordained,  That  the  Director  of 
The  Department  of  Public  Works  or  the  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  hereafter 
from  time  to  time  designate,  is  or  are  hereby  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Bal- 
timore, and  for  the  purposes  described  in  this  ordinance, 
the  fee  simple  interests  or  such  other  interests  as  the  said 
Director  may  deem  necessary  or  sufficient,  in  and  to  said 
pieces  or  parcels  of  land  and  improvements  thereupon,  in- 
cluding all  property,  rights,  interests,  easements  and/or 
franchises  necessary  in  the  opening,  widening,  grading,  con- 
struction and  maintenance  of  said  St.  Thomas  Avenue.  If 
the  said  Director  of  The  Department  of  Public  Works,  or 
person  or  persons  the  Board  of  Estimates  of  Baltimore 


164  ORDINANCES  Ord.  No.  682 

City  may  designate  are  unable  to  agree  with  the  owner  or 
owners  on  the  purchase  price  of  any  of  the  said  pieces  or 
parcels  of  land  and  improvements  thereupon  or  for  any 
of  the  said  properties,  rights,  interests,  easements  and/or 
franchises,  they  shall  forthwith  notify  the  City  Solicitor  of 
Baltimore  City  who  shall  thereupon  institute  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore  the  necessary 
legal  proceedings  to  acquire  by  condemnation  the  fee  simple 
interests  or  such  other  rights,  interests,  easements  and/or 
franchises  as  the  said  Director  may  deem  necessary  or 
sufficient  for  the  purposes  of  said  St.  Thomas  Avenue 
Project. 

Sec.  3.  And  be  it  further  ordained,  That  the  proceedings 
for  the  acquisition  by  condemnation  of  the  property  and 
rights  herein  described  and  the  rights  of  all  parties  in- 
terested or  affected  thereby  shall  be  regulated  by  and  be  in 
accordance  with  the  provisions  of  The  Real  Property  Ar- 
ticle of  the  Annotated  Code  of  Maryland  (1974),  Title  12, 
Governments,  e*  any  e£  their  agencies,  an4  any  other  pe*- 
SECTION  101  ET  SEQ.  AND  ANY  AND  ALL  AMEND- 
MENTS THERETO. 

Sec.  4.  And  be  it  further  ordained,  That  the  said  Director 
of  The  Department  of  Public  Works  or  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  designate 
are  also  hereby  authorized  to  negotiate  for  and  to  enter  into 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
any  and  all  necessary  agreements  with  the  Federal  and  State 
Governments,  or  any  of  their  agencies,  and  any  other  per- 
sons, firms,  or  corporations,  in  aid  of,  in  furtherance  of,  or 
in  connection  with  said  St.  Thomas  Avenue  Project;  all  such 
acquisitions  and  agreements  to  be  subject  to  the  approval 
of  the  Board  of  Estimates. 

Sec.  5.  And  be  it  further  ordained,  That  after  the  neces- 
sary agreements  have  been  made  and  the  necessary  prop- 
erties, lands,  rights,  easements  and/or  franchises  have  been 
acquired  as  hereinbefore  provided,  the  Director  of  The  De- 
partment of  Public  Works  of  Baltimore  City  is  hereby  au- 
thorized and  directed  to  construct  or  cause  to  be  con- 
structed the  said  St.  Thomas  Avenue  Project,  all  in 
accordance  with  detailed  plans  hereafter  to  be  prepared 


ORDINANCES  165 

therefore  and  after  said  plans  have  been  approved  by  the 
said  Director  of  The  Department  of  Public  Works. 

SEC.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  683 
(Council  No.  1288) 

An  Ordinance  authorizing  the  acquisition  by  purchase  or 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more of  the  fee  simple  interests  or  such  other  interests  as 
the  Director  of  The  Department  of  Public  Works  may 
deem  necessary  or  sufficient,  in  and  to  certain  pieces  or 
parcels  of  land  situate  in  Baltimore  City,  for  public  high- 
way purposes,  namely  for  the  opening,  widening,  grading, 
construction  and  maintenance  of  (1)  Furley  Avenue,  ex- 
tending from  Belair  Road,  southeasterly,  to  a  point  479 
feet,  more  or  less,  southeast  of  Greenhill  Avenue  and  (2) 
Mannasota  Avenue,  extending  from  Furley  Avenue, 
northeasterly,  to  Raymar  Avenue  and  authorizing  the  ac- 
quisition by  purchase  or  condemnation  of  any  property, 
rights,  interests,  easements  and/or  franchises  necessary 
in  the  opening,  widening,  grading,  construction  and  main- 
tenance of  said  Furley  Avenue  and  said  Mannasota  Ave- 
nue; and  authorizing  the  making  of  all  necessary  agree- 
ments concerning  said  Furley  Avenue  and  said  Mannasota 
Avenue;  and  authorizing  the  construction  of  said  Furley 
Avenue  and  said  Mannasota  Avenue;  the  location  and 
course  of  said  Furley  Avenue  and  said  Mannasota  Avenue 
being  shown  on  plats  thereof  numbered  117-A-4,  sheets 
60,  8  &  10  of  62,  H.A.  25-859,  and  117-A-l,  sheet  4 
of  13,  prepared  by  the  Surveys  and  Records  Division  and 
filed  in  the  Office  of  the  Director  of  The  Department  of 
Public  Works  on  the  Seventeenth  (17th)  day  of  Septem- 
ber, 1976,  the  Twenty-ninth  (29th)  day  of  March,  1976 


166  ORDINANCES  Ord.  No.  683 

and  the  Seventeenth    (17th)    day  of  September,   1976, 
respectively. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  necessary  to  acquire  by  purchase  or 
condemnation  for  public  highway  purposes,  namely,  for 
the  opening,  widening,  grading,  construction  and  mainte- 
nance of  (1)  Furley  Avenue,  extending  from  Belair  Road, 
southeasterly,  to  a  point  479  feet,  more  or  less,  southeast  of 
Greenhill  Avenue  and  (2)  Mannasota  Avenue,  extending 
from  Furley  Avenue,  northeasterly,  to  Raymar  Avenue;  the 
fee  simple  interests  or  such  other  interests  as  the  Director 
of  The  Department  of  Public  Works  may  deem  necessary,  in 
and  to  the  pieces  or  parcels  of  land,  situate  in  Baltimore 
City,  including  the  improvements  thereon,  bounded  as 
follows : 

Portion  of  the  property  known  as  No.  4633  Asbury  Ave- 
nue, Beginning  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  Asbury  Avenue,  as  now 
laid  out  30  feet  wide,  and  the  southwest  side  of  Furley  Ave- 
nue, as  now  laid  out  varying  in  width,  said  point  of  begin- 
ning being  the  beginning  of  the  parcel  of  land  conveyed  by 
Dorothy  L.  Thomas  to  Leonard  Catalano  Jr.  and  Wife  by 
deed  dated  September  17,  1971  and  recorded  among  the 
Land  Records  of  Baltimore  City  in  Liber  R.H.B.  No.  2831 
Folio  32  and  running  thence  binding  on  the  southwest  side 
of  said  Furley  Avenue  and  reversely  on  the  last  line  of  said 
deed,  there  situate,  Southeasterly  94.01  feet;  thence  binding 
reversely  on  part  of  the  third  line  of  said  deed,  Southwest- 
erly 6  feet,  more  or  less,  to  intersect  the  southwest  side  of 
Furley  Avenue,  as  realigned  and  widened  to  a  width  of  40 
feet;  thence  binding  on  the  southwest  side  of  last  said 
Furley  Avenue,  North  55°-12'-28"  West  88  feet,  more  or 
less,  to  intersect  the  south  side  of  Asbury  Avenue,  as  re- 
aligned; thence  binding  on  the  south  side  of  last  said  Asbury 
Avenue,  South  82°-05'-49"  West  10.28  feet  to  intersect  the 
southeast  side  of  Asbury  Avenue  mentioned  firstly  herein 
and  thence  binding  on  the  southeast  side  of  Asbury  Avenue 
mentioned  firstly  herein  and  reversely  on  part  of  the  first 
line  of  said  deed,  to  the  beginning  thereof,  there  situate, 
Northeasterly    10.12    feet   to   the   place   of   beginning. 


ORDINANCES  167 

Containing  449  square  feet  of  land,  more  or  less. 

Portion  of  the  property  known  as  No.  4304  Furley  Ave- 
nue, Beginning  for  the  same  at  a  point  on  the  northeast 
side  of  Furley  Avenue,  as  now  laid  out  varying  in  width, 
said  point  of  beginning  being  the  beginning  of  the  parcel  of 
land  conveyed  by  Willis  Ray  Stafford  to  Bertha  E.  Pitcher 
"Etal"  by  deed  dated  March  29,  1960  and  recorded  among 
the  Land  Records  of  Baltimore  City  in  Liber  J.F.C.  No.  840 
Folio  53  and  running  thence  binding  on  part  of  the  first 
line  of  said  deed,  Northeasterly  10  feet,  more  or  less,  to 
intersect  the  northeast  side  of  Furley  Avenue,  as  realigned 
and  widened  to  a  width  of  40  feet;  thence  binding  on  the 
northeast  side  of  last  said  Furley  Avenue  the  two  following 
courses  and  distances;  namely,  Southeasterly  by  a  line  curv- 
ing to  the  left  with  a  radius  of  2356.79  feet  the  distance  of 
3  feet,  more  or  less,  and  South  57°-37'-05"  East  53  feet, 
more  or  less,  to  intersect  the  third  line  of  said  deed;  thence 
binding  on  part  of  the  third  line  of  said  deed,  to  the  end 
thereof,  Southwesterly  10  feet,  more  or  less,  to  the  north- 
east side  of  Furley  Avenue  mentioned  firstly  herein  and 
thence  binding  on  the  northeast  side  of  Furley  Avenue 
mentioned  firstly  herein  and  on  the  last  line  of  said  deed, 
there  situate,  Northwesterly  56  feet  to  the  place  of  begin- 
ning. 

Containing  560  square  feet  of  land,  more  or  less. 

Portion  of  the  property  known  as  No.  4310  Furley  Ave- 
nue, Beginning  for  the  same  at  the  point  formed  by  the 
intersection  of  the  northwest  side  of  Mannasota  Avenue,  as 
now  laid  out  30  feet  wide,  and  the  northeast  side  of  Furley 
Avenue,  as  now  laid  out  varying  in  width  and  running 
thence  binding  on  the  northeast  side  of  said  Furley  Ave- 
nue and  on  part  of  the  first  line  of  the  parcel  of  land  con- 
veyed by  Alpheus  T.  Hilton  and  Wife  to  Bruno  E.  Chmielew- 
ski  and  Wife  by  deed  dated  March  4,  1955  and  recorded 
among  the  Land  Records  of  Baltimore  City  in  Liber  M.L.P. 
No.  9729  Folio  64,  to  the  end  thereof,  there  situate,  North- 
westerly 97.75  feet;  thence  binding  on  part  of  the  second 
line  of  said  deed,  Northeasterly  11  feet,  more  or  less,  to 
intersect  the  northeast  side  of  Furley  Avenue,  as  realigned 
and  widened  to  a  width  of  40  feet;  thence  binding  on  the 
northeast  side  of  last  said  Furley  Avenue  the  two  following 
courses  and  distances;  namely,  South  57°-37'-05"  East  52 


168  ORDINANCES  Ord.  No.  683 

feet,  more  or  less,  and  by  a  line  curving  to  the  right  with 
a  radius  of  6705.93  feet  the  distance  of  32.61  feet  which  arc 
is  subtended  by  a  chord  bearing  South  57°-28'-43.5"  East 
32.61  feet  to  the  north  side  of  Furley  Avenue,  as  realigned 
and  widened  varying  in  width;  thence  binding  on  the  north 
side  of  last  said  Furley  Avenue,  North  79°-53'-25"  East 
10.32  feet  to  intersect  a  line  drawn  parallel  with  the  distant 
5.00  feet  northwesterly,  measured  at  right  angles  from  the 
northwest  side  of  said  Mannasota  Avenue;  thence  binding 
on  said  line  so  drawn  and  on  the  northwest  side  of  Manna- 
sota Avenue,  40  feet  wide,  North  37°-05'-20"  East  87  feet, 
more  or  less,  to  intersect  the  third  line  of  said  deed;  thence 
binding  on  part  of  the  third  line  of  said  deed,  Southeasterly 
5  feet,  more  or  less,  to  intersect  the  northwest  side  of 
Mannasota  Avenue  mentioned  firstly  herein  and  thence 
binding  on  the  northwest  side  of  Mannasota  Avenue  men- 
tioned firstly  herein,  Southwesterly  107  feet,  more  or  less, 
to  the  place  of  beginning. 

Containing  1669  square  feet  of  land,  more  or  less. 

Portion  of  the  property  known  as  No.  4501  Furley  Ave- 
nue, Beginning  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  Greenhill  Avenue,  as 
now  laid  out  35  feet  wide  and  the  southwest  side  of  Furley 
Avenue,  laid  out  30  feet  wide,  said  point  of  beginning  being 
the  beginning  of  the  parcel  of  land  conveyed  by  Andrew 
Robert  Goss  and  Wife  to  Richard  P.  Brusca  and  Wife  by 
deed  dated  November  10,  1950  and  recorded  among  the 
Land  Records  of  Baltimore  City  in  Liber  M.L.P.  No.  8278 
Folio  103  and  running  thence  binding  on  the  southwest  side 
of  said  Furley  Avenue,  and  on  the  first  line  of  said  deed, 
there  situate,  as  now  surveyed,  South  56°-45'-40"  East  28 
feet,  more  or  less;  thence  binding  on  part  of  the  second 
line  of  said  deed,  South  33°-14'-20"  West  5  feet,  more  or 
less,  to  intersect  the  southwest  side  of  Furley  Avenue,  as 
widened  on  the  southwest  side  thereof  from  its  former 
width  of  30  feet  to  a  width  of  40  feet;  thence  binding  on 
the  southwest  side  of  last  said  Furley  Avenue,  North  56°- 
45'-40"  West  16  feet,  more  or  less;  thence  binding  on  the 
south  side  of  Furley  Avenue,  as  realigned,  South  78°-14'-18" 
West  9.90  feet  to  a  line  drawn  parallel  with  and  distant 
5.00  feet  southeasterly,  measured  at  right  angles  from  the 
southeast  side  of  said  Greenhill  Avenue;  thence  binding  on 


ORDINANCES  169 

said  line  so  drawn,  South  33°-14'-20"  West  80.38  feet  to 
intersect  the  third  line  of  said  deed ;  thence  binding  on  part 
of  the  third  line  of  said  deed,  to  the  end  thereof,  as  now 
surveyed,  North  56°-45'-40"  West  5.00  feet  to  the  southeast 
side  of  said  Greenhill  Avenue  and  thence  binding  on  the 
southeast  side  of  said  Greenhill  Avenue  and  on  the  last 
line  of  said  deed,  there  situate,  as  now  surveyed,  North 
33°-14'-20"  East  93.00  feet  to  the  place  of  beginning. 

Containing  610  square  feet  of  land,  more  or  less. 

Portion  of  the  property  known  as  No.  4802  Mannasota 
Avenue,  Beginning  for  the  same  at  a  point  on  the  north- 
west side  of  Mannasota  Avenue,  as  now  laid  out  30  feet 
wide,  said  point  of  beginning  being  the  beginning  of  the 
parcel  of  land  conveyed  by  Carolyn  P.  Malone  to  John  J. 
Novotny  "Etal"  by  deed  dated  February  24,  1962  and  re- 
corded among  the  Land  Records  of  Baltimore  City  in  Liber 
J.F.C.  No.  1238,  Folio  303  and  running  thence  binding 
reversely  on  part  of  the  last  line  of  said  deed,  Northwesterly 
5  feet  to  intersect  a  line  drawn  parallel  with  and  distant 
5.00  feet  northwesterly,  measured  at  right  angles  from  the 
northwest  side  of  said  Mannasota  Avenue;  thence  binding 
on  said  line  so  drawn  and  on  the  northwest  side  of  Manna- 
sota Avenue,  40  feet  wide,  North  37°-05'-20"  East  11  feet, 
more  or  less,  to  intersect  the  southwest  side  of  the  con- 
crete porch  of  the  2%  story  frame  building  situate  on  the 
property  known  as  No.  4802  Mannasota  Avenue;  thence 
binding  on  the  said  southwest  side,  the  southeast  and 
northeast  sides  of  said  concrete  porch  the  three  following 
courses  and  distances ;  namely,  South  53°-44'-24"  East  0.48 
feet,  North  36°-58'-47"  East  37.35  feet  and  North  46°- 
03'-04"  West  0.41  feet  to  intersect  the  said  line  drawn 
parallel  with  and  distant  5.00  feet  northwesterly,  measured 
at  right  angles  from  the  northwest  side  of  Mannasota  Ave- 
nue mentioned  firstly  herein;  thence  binding  on  said  line 
so  drawn  and  on  the  northwest  side  of  Mannasota  Avenue, 
40  feet  wide,  North  37°-05'-20"  East  12  feet,  more  or  less, 
to  intersect  the  second  line  of  said  deed;  thence  binding 
reversely  on  part  of  the  second  line  of  said  deed,  to  the 
beginning  thereof,  Southeasterly  5  feet  to  the  northwest 
side  of  Mannasota  Avenue  mentioned  firstly  herein  and 
thence  binding  on  the  northwest  side  of  Mannasota  Ave- 
nue mentioned  firstly  herein  and  reversely  on  the  first  line 


170  ORDINANCES  Ord.  No.  683 

of  said  deed,  there  situate,  Southwesterly  60  feet  to  the 
place  of  beginning. 

Containing  283  square  feet  of  land,  more  or  less. 

Including  all  property,  rights,  interests,  easements  and/ 
or  franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  Furley  Avenue  and 
said  Mannasota  Avenue,  the  location  and  course  of  said 
Furley  Avenue  and  said  Mannasota  Avenue  being  shown 
on  plats  thereof  numbered  117-A-4,  sheets  60,  8,  &  10  of  62, 
H.A.  25-859,  and  117-A-l,  sheet  4  of  13,  prepared  by  the 
Surveys  and  Records  Division  and  filed  in  the  office  of  The 
Director  of  The  Department  of  Public  Works  on  the  Seven- 
teenth (17th)  day  of  September,  1976,  the  Twenty-ninth 
(29th)  day  of  March,  1976  and  the  Seventeenth  (17th) 
day  of  September,  1976,  respectively. 

Any  mention  or  reference  to  any  streets,  roads,  avenues, 
highways  or  alleys  in  this  ordinance  or  on  the  plats  referred 
to  herein  are  for  the  purpose  of  description  only,  and  shall 
not  be  held  or  taken  to  be  any  evidence  whatever  that  said 
streets,  roads,  avenues,  highways,  alleys  or  any  of  them, 
are  public,  dedicated  or  private  thoroughfares. 

Sec.  2.  And  be  it  further  ordained,  That  the  Director  of 
The  Department  of  Public  Works  or  the  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  hereafter 
from  time  to  time  designate,  is  or  are  hereby  authorized  to 
acquire  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more, and  for  the  purposes  described  in  this  ordinance, 
the  fee  simple  interests  or  such  other  interests  as  the  said 
Director  may  deem  necessary  or  sufficient,  in  and  to  said 
pieces  or  parcels  of  land  and  improvements  thereupon,  in- 
cluding all  property,  rights,  interests,  easements  and/or 
franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  Furley  Avenue  and 
said  Mannasota  Avenue.  If  the  said  Director  of  the  Depart- 
ment of  Public  Works,  or  person  or  persons  the  Board  of 
Estimates  of  Baltimore  City  may  designate  are  unable  to 
agree  with  the  owner  or  owners  on  the  purchase  price  of  any 
of  the  said  pieces  or  parcels  of  land  and  improvements  there- 
upon or  for  any  of  the  said  properties,  rights,  interests,  ease- 
ments and/or  franchises,  they  shall  forthwith  notify  the 
City  Solicitor  of  Baltimore  City  who  shall  thereupon  insti- 


ORDINANCES  171 

tute  in  the  name  of  the  Mayor  and  City  Council  of  Bal- 
timore the  necessary  legal  proceedings  to  acquire  by 
condemnation  the  fee  simple  interests  or  such  other  rights, 
interests,  easements  and/or  franchises  as  the  said  Director 
may  deem  necessary  or  sufficient  for  the  purposes  of  said 
Furley  Avenue  Project  and  Mannasota  Avenue  Project. 

Sec.  3.  And  be  it  further  ordained,  That  the  proceedings 
for  the  acquisition  by  condemnation  of  the  property  and 
rights  herein  described  and  the  rights  of  all  parties  inter- 
ested or  affected  thereby  shall  be  regulated  by  and  be  in 
accordance  with  the  provisions  of  The  Real  Property  Ar- 
ticle of  the  Annotated  Code  of  Maryland  (1974),  Title  12, 
Section  101  Et  Seq.  and  any  and  all  amendments  thereto. 

SEC.  4.  And  be  it  further  ordained,  That  the  said  Director 
of  The  Department  of  Public  Works  or  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  designate 
are  also  hereby  authorized  to  negotiate  for  and  to  enter  into 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore,  any 
and  all  necessary  agreements  with  the  federal  and  state 
Governments,  or  any  of  their  agencies,  and  any  other  per- 
sons, firms  or  corporations,  in  aid  of,  in  furtherance  of,  or 
in  connection  with  said  Furley  Avenue  Project  and  Manna- 
sota Avenue  Project;  all  such  acquisitions  and  agreements 
to  be  subject  to  the  approval  of  the  Board  of  Estimates. 

Sec.  5.  And  be  it  further  ordained,  That  after  the  neces- 
sary agreements  have  been  made  and  the  necessary  proper- 
ties, lands,  rights,  easements  and/or  franchises  have  been 
acquired  as  hereinbefore  provided,  the  Director  of  The 
Department  of  Public  Works  of  Baltimore  City  is  hereby 
authorized  and  directed  to  construct  or  cause  to  be  con- 
structed the  said  Furley  Avenue  Project  and  Mannasota 
Avenue  Project,  all  in  accordance  with  detailed  plans  here- 
after to  be  prepared  therefore  and  after  said  plans  have 
been  approved  by  the  said  Director  of  the  Department  of 
Public  Works. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


172  ORDINANCES  Ord.  No.  684 

No.   684 
(Council  No.  1341) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Charter, 
all  of  the  interest  of  the  Mayor  and  City  Council  of  Bal- 
timore in  and  to  all  those  six  parcels  of  land  being  (1) 
the  former  bed  of  Plainfield  Avenue,  50  feet  wide,  from 
Woodlea  Avenue  to  Valley  View  Avenue,  (2),  (3)  and 
(4)  being  portions  of  the  former  bed  of  Taylor  Avenue, 
varying  in  width,  in  the  vicinity  of  Deckerts  Lane,  (5) 
the  former  bed  of  Sulphur  Spring  Road,  varying  in  width, 
in  the  vicinity  of  Joh  Avenue  and  (6)  the  former  bed  of 
Georgetown  Road,  varying  in  width,  in  the  vicinity  of 
Joh  Avenue.  Said  properties  being  no  longer  needed  for 
Public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  private 
sale  in  accordance  with  Article  V  Section  5(b)  of  the  City 
Charter,  all  of  the  interest  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  those  six  parcels  of  land  situate  in 
Baltimore,  Maryland,  and  described  as  follows : 

PARCEL  NO.  1 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  the  former  bed  of  Plain- 
field  Avenue,  50  feet  wide,  as  condemned  and  closed  under 
Ordinance  No.  952,  approved  July  9,  1975  by  the  Mayor  and 
City  Council  of  Baltimore  and  the  northeast  side  of  Wood- 
lea  Avenue,  50  feet  wide,  and  running  thence  binding  on  the 
northeast  side  of  said  Woodlea  Avenue,  Northwesterly  50 
feet,  more  or  less,  to  intersect  the  northwest  side  of  the 
former  bed  of  said  Plainfield  Avenue;  thence  binding  on  the 
northwest  side  of  the  former  bed  of  said  Plainfield  Avenue, 
Northeasterly  265  feet,  more  or  less,  to  intersect  the 
southwest  side  of  Valley  View  Avenue,  50  feet  wide;  thence 
binding  on  the  southwest  side  of  said  Valley  View  Avenue, 
Southeasterly  50  feet,  more  or  less,  to  intersect  the  southeast 
side  of  the  former  bed  of  said  Plainfield  Avenue  and  thence 


ORDINANCES  173 

binding  on  the  southeast  side  of  the  former  bed  of  said 
Plainfield  Avenue,  Southwesterly  265  feet,  more  or  less,  to 
the  place  of  beginning. 

PARCEL  NO.  2 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  northeast  side  of  the  former  bed  of 
Taylor  Avenue,  varying  in  width,  as  condemned  and  closed 
under  Ordinance  No.  952,  approved  July  9,  1975  by  the 
Mayor  and  City  Council  of  Baltimore  and  the  northeast 
side  of  Taylor  Avenue,  50  feet  wide,  and  running  thence 
binding  on  the  northeast  side  of  the  former  bed  of  said 
Taylor  Avenue,  varying  in  width,  as  condemned  and  closed, 
South  51°-41'-40"  East  169.99  feet  to  intersect  the  north- 
west side  of  Deckerts  Lane,  50  feet  wide;  thence  binding  on 
the  northwest  side  of  said  Deckerts  Lane  the  two  following 
courses  and  distances;  namely,  by  a  line  curving  to  the  left 
with  the  radius  of  192.279  feet  the  distance  of  37.06  feet 
which  arc  is  subtended  by  a  chord  bearing  South  73°-38'-22" 
West  37.00  feet  and  South  68°-07'-06"  West  30.16  feet  to 
intersect  the  northeast  side  of  Taylor  Avenue,  50  feet  wide, 
and  thence  binding  on  the  northeast  side  of  last  said  Taylor 
Avenue,  by  a  line  curving  to  the  left  with  a  radius  of  725.00 
feet  the  distance  of  145.24  feet  which  arc  is  subtended  by 
a  chord  bearing  North  28°-49'-28"  West  144.99  feet  to  the 
place  of  beginning. 

PARCEL  NO.  3 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  east  side  of  the  former  bed  of  Taylor 
Avenue,  varying  in  width,  as  condemned  and  closed  under 
Ordinance  No.  952,  approved  July  9,  1975  by  the  Mayor  and 
City  Council  of  Baltimore  and  the  northeast  side  of  Taylor 
Avenue,  50  feet  wide,  and  running  thence  binding  on  the 
northeast  side  of  Taylor  Avenue,  50  feet  wide,  the  two 
following  courses  and  distances;  namely,  by  a  line  curving 
to  the  right  with  a  radius  of  625.00  feet  the  distance  of 
91.18  feet  which  arc  is  subtended  by  a  chord  bearing  North 
26°-03'-44"  West  91.10  feet  and  North  21°-52'-54"  West  68.51 
feet  to  intersect  the  southeast  side  of  Deckerts  Lane,  50 
feet  wide;  thence  binding  on  the  southeast  and  south  sides 
of  said  Deckerts  Lane  the  two  following  courses  and  dis- 
tances; namely,  North  68°-07'-06"  East  30.00  feet  and  by  a 


174  ORDINANCES  Ord.  No.  684 

line  curving  to  the  right  with  a  radius  of  142.279  feet  the 
distance  of  35.64  feet  which  arc  is  subtended  by  a  chord 
bearing  North  75°-17'-39"  East  35.55  feet  to  intersect  the 
east  side  of  the  former  bed  of  said  Taylor  Avenue,  varying 
in  width,  as  condemned  and  closed  and  thence  binding  on 
the  east  side  of  the  former  bed  of  last  said  Taylor  Avenue, 
South  01°-09'-12"  East  165.64  feet  to  the  place  of  begin- 
ning. 

PARCEL  NO.  4 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southwest  side  of  the  former  bed  of 
Taylor  Avenue,  varying  in  width,  as  condemned  and  closed 
under  Ordinance  No.  952,  approved  July  9,  1975  by  the 
Mayor  and  City  Council  of  Baltimore  and  the  southwest  side 
of  Taylor  Avenue,  50  feet  wide,  and  running  thence  binding 
on  the  southwest  and  west  sides  of  the  former  bed  of  said 
Taylor  Avenue,  varying  in  width,  as  condemned  and  closed, 
the  two  following  courses  and  distances;  namely,  North 
66°-09'-35"  West  211.43  feet  and  North  07°-20'-48"  East 
108.71  feet  to  intersect  the  southwest  side  of  Taylor  Ave- 
nue, 50  feet  wide,  and  thence  binding  on  the  southwest  side 
of  last  said  Taylor  Avenue,  by  a  line  curving  to  the  left  with 
a  radius  of  675.00  feet  the  distance  of  265.46  feet  which 
arc  is  subtended  by  a  chord  bearing  South  42°-52'-55"  East 
263.76  feet  to  the  place  of  beginning. 

PARCEL  NO.  5 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  south  side  of  the  former  bed  of  Sulphur 
Spring  Road,  varying  in  width,  as  condemned  and  closed 
under  Ordinance  No.  952,  approved  July  9,  1975  by  the 
Mayor  and  City  Council  of  Baltimore  and  the  line  of  the 
northeast  side  of  Grantly  Street,  50  feet  wide,  if  projected 
southeasterly  and  running  thence  binding  reversely  on 
said  line  so  projected,  North  18°-14'-20"  West  48  feet,  more 
or  less,  to  intersect  the  north  side  of  the  former  bed  of  said 
Sulphur  Spring  Road;  thence  binding  on  the  north  side  of 
the  former  bed  of  said  Sulphur  Spring  Road,  Easterly 
134.23  feet  to  intersect  the  south  side  of  Jon  Avenue, 
80  feet  wide;  thence  binding  on  the  south  and  southeast 
sides  of  said  Joh  Avenue  the  two  following  courses  and 


ORDINANCES  175 

distances;  namely,  Easterly  by  a  line  curving  to  the  left  with 
a  radius  of  858.51  feet  the  distance  of  471  feet,  more  or  less, 
and  North  61°-10'-00"  East  16.07  feet  to  intersect  the  line 
of  the  southwest  side  of  Bloomfield  Avenue,  50  feet  wide, 
if  projected  southeasterly;  thence  binding  on  last  said  line 
so  drawn,  South  18°-14'-20"  East  49.61  feet  to  intersect  the 
south  side  of  the  former  bed  of  said  Sulphur  Spring  Road 
and  thence  binding  on  the  south  side  of  the  former  bed  of 
said  Sulphur  Spring  Road,  South  77°-12'-53"  West  622.82 
feet  to  the  place  of  beginning. 

PARCEL  NO.  6 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  the  former  bed  of 
Georgetown  Road,  varying  in  width,  as  condemned  and 
closed  under  Ordinance  No.  952,  approved  July  9,  1975  by 
the  Mayor  and  City  Council  of  Baltimore  and  the  line  of  the 
northeast  side  of  Bloomfield  Avenue,  50  feet  wide,  if 
projected  southeasterly  and  running  thence  binding  re- 
versely on  said  line  so  projected,  North  18°-14'-20"  West 
82.17  feet  to  intersect  the  southeast  side  of  Joh  Avenue, 
80  feet  wide;  thence  binding  on  the  southeast  side  of 
said  Joh  Avenue,  North  61°-10'-00"  East  207.77  feet  to  the 
south  side  of  Joh  Avenue,  varying  in  width;  thence  binding 
on  the  south  side  of  last  said  Joh  Avenue,  by  a  line  curving 
to  the  right  with  a  radius  of  25.0  feet  the  distance  of 
29.92  feet  which  arc  is  subtended  by  a  chord  bearing  South 
84°-32'-31.5"  East  28.17  feet  to  intersect  the  southeast  side 
of  the  former  bed  of  said  Georgetown  Road  and  thence 
binding  on  the  southeast  side  of  the  former  bed  of  said 
Georgetown  Road  the  two  following  courses  and  distances; 
namely,  South  46°-43'-20"  West  239.41  feet  and  South 
39°-50'-40"  West  15.45  feet  to  the  place  of  beginning. 

PARCEL  NO.  7 

BEGINNING  FOR  THE  SAME  AT  THE  POINT 
FORMED  BY  THE  INTERSECTION  OF  THE  SOUTH- 
EAST SIDE  OF  WALTHER  AVENUE,  AS  NOW  LAID 
OUT  100  FEET  WIDE,  AND  THE  NORTHEAST  SIDE 
OF  THE  WALTHER  AVENUE-FLEETWOOD  AVENUE 
CONNECTION,  AS  NOW  LAID  OUT  VARYING  IN 
WIDTH,  AND  RUNNING  THENCE  BINDING  ON  THE 


176  ORDINANCES  Ord.  No.  684 

SOUTHEAST  SIDE  OF  SAID  WALTHER  AVENUE  BY 
A  LINE  CURVING  TO  THE  LEFT  WITH  A  RADIUS 
OF  980.00  FEET  THE  DISTANCE  OF  120.18  FEET 
WHICH  ARC  IS  SUBTENDED  BY  A  CHORD  BEARING 
NORTH  49°-ll'-31"  EAST  120.10  FEET  TO  INTERSECT 
THE  SEVENTH  LINE  OF  THE  PARCEL  OF  LAND 
CONVEYED  BY  ERNEST  MILLIONIE  AND  WIFE  TO 
THE  MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE 
BY  DEED  DATED  DECEMBER  11,  1957  AND  RE- 
CORDED AMONG  THE  LAND  RECORDS  OF  BALTI- 
MORE CITY  IN  LIBER  J.F.C.  NO.  432,  FOLIO  392; 
THENCE  BINDING  ON  PART  OF  THE  SEVENTH  LINE 
OF  THE  PARCEL  OF  LAND  DESCRIBED  IN  SAID 
DEED,  SOUTH  12°-25'-40"  WEST  135.96  FEET  TO  IN- 
TERSECT THE  NORTHEAST  SIDE  OF  SAID  WAL- 
THER AVENUE-FLEETWOOD  AVENUE  CONNEC- 
TION, AND  THENCE  BINDING  ON  THE  NORTHEAST 
SIDE  OF  SAID  WALTHER  AVENUE-FLEETWOOD 
AVENUE  CONNECTION  THE  TWO  FOLLOWING 
COURSES  AND  DISTANCES;  NAMELY,  BY  A  LINE 
CURVING  TO  THE  RIGHT  WITH  A  RADIUS  OF  411.00 
FEET  THE  DISTANCE  OF  62.24  FEET  WHICH  ARC  IS 
SUBTENDED  BY  A  CHORD  BEARING  NORTH  49°-41'- 
18"  WEST  62.18  FEET  AND  NORTH  45°-21'-00";  WEST 
20.00  FEET  TO  THE  PLACE  OF  BEGINNING. 

BEING  SUBJECT  TO  AGREEMENTS  FOR  RIGHT 
OF  WAY  FOR  SEWERS  AND  DRAINS,  DATED  MARCH 
18,  1932  AND  RECORDED  AMONG  THE  LAND  REC- 
ORDS OF  BALTIMORE  CITY  IN  LIBER  S.C.L.  NO. 
5307,  FOLIO  142,  AND  APRIL  18,  1932  AND  RECORDED 
AMONG  THE  SAID  LAND  RECORDS  IN  LIBER  S.C.L. 
5297,  FOLIO  83. 

PARCEL  NO.  8 

BEGINNING  FOR  THE  SAME  AT  A  POINT  ON  THE 
SOUTHEAST  SIDE  OF  WALTHER  AVENUE,  AS  NOW 
LAID  OUT  100  FEET  WIDE,  DISTANT  68  FEET, 
MORE  OR  LESS,  MEASURED  SOUTHWESTERLY 
ALONG  THE  SOUTHEAST  SIDE  OF  SAID  WALTHER 
AVENUE  FROM  THE  SOUTH  SIDE  OF  NORTHERN 
PARKWAY,  AS  NOW  LAID  OUT  VARYING  IN  WIDTH, 
SAID  POINT  OF  BEGINNING  ALSO  BEING  A  POINT 


ORDINANCES  177 

ON  THE  FIFTH  LINE  OF  THE  PARCEL  OF  LAND 
CONVEYED  BY  ERNEST  MILLIONIE  AND  WIFE  TO 
THE  MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE 
BY  DEED  DATED  DECEMBER  11,  1957  AND  RE- 
CORDED AMONG  THE  LAND  RECORDS  OF  BALTI- 
MORE CITY  IN  LIBER  J.F.C.  NO.  432,  FOLIO  392,  AND 
RUNNING  THENCE  BINDING  ON  PART  OF  THE 
FIFTH  LINE  OF  THE  PARCEL  OF  LAND  DESCRIBED 
IN  SAID  DEED,  TO  THE  END  THEREOF,  SOUTHERLY 
21  FEET,  MORE  OR  LESS;  THENCE  BINDING  ON 
PART  OF  THE  SIXTH  LINE  OF  THE  PARCEL  OF 
LAND  DESCRIBED  IN  SAID  DEED,  AND  ON  THE 
NORTHEAST  SIDE  OF  A  10  FOOT  ALLEY,  THERE 
SITUATE,  NORTHWESTERLY  15  FEET,  MORE  OR 
LESS,  TO  INTERSECT  THE  SOUTHEAST  SIDE  OF 
SAID  WALTHER  AVENUE,  AND  THENCE  BINDING 
ON  THE  SOUTHEAST  SIDE  OF  SAID  WALTHER 
AVENUE  NORTHEASTERLY  BY  A  LINE  CURVING 
TO  THE  LEFT  WITH  A  RADIUS  OF  980.00  FEET  THE 
DISTANCE  OF  23  FEET,  MORE  OR  LESS,  TO  THE 
PLACE  OF  BEGINNING. 

BEING  SUBJECT  TO  AGREEMENTS  FOR  RIGHT 
OF  WAY  FOR  SEWERS  AND  DRAINS,  DATED  MARCH 
18,  1932  AND  RECORDED  AMONG  THE  LAND  REC- 
ORDS OF  BALTIMORE  CITY  IN  LIBER  S.C.L.  NO. 
5307,  FOLIO  142,  AND  APRIL  18, 1932  AND  RECORDED 
AMONG  THE  SAID  LAND  RECORDS  IN  LIBER  S.C.L. 
5297,  FOLIO  83. 

Said  properties  being  no  longer  needed  for  public  use. 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


178  ORDINANCES  Ord.  No.  685 

No.  685 
(Council  No.  1413) 

An  Ordinance  authorizing  and  providing  for  the  issu- 
ance, sale  and  delivery,  by  Mayor  and  City  Council 
of  Baltimore  (the  "City")  of  its  revenue  bonds,  des- 
ignated "Residential  Financing  Revenue  Bonds  (Cold- 
spring  Loan  Program)"  in  the  aggregate  principal 
amount  not  exceeding  $12,500,000  pursuant  to  the  pro- 
visions of  Subsections  (51)  and  (50)  of  Article  II 
of  the  Charter  of  Baltimore  City  (1964  Revision,  as 
amended) ,  in  order  to  use  the  proceeds  for  the  sole  and 
exclusive  purpose  of  financing  the  Coldspring  Loan  Pro- 
gram (as  defined  in  this  ordinance)  for  the  Coldspring 
Area  (as  defined  in  this  ordinance)  in  the  City  of  Balti- 
more, including  (without  limitation)  the  purchase,  the 
contracting  to  purchase  or  the  acquisition  of  mortgage 
loans  bearing  interest  rates  below  those  generally  pre- 
vailing (at  the  time  of  purchase  or  contract  to  purchase) 
in  the  private  mortgage  market  (to  the  extent  such  a 
market  exists  at  that  time)  for  loans  of  comparable 
quality  and  term  in  the  City  of  Baltimore,  as  provided 
in  this  ordinance,  for  the  public  purpose  of  developing 
readily  available  sources  of  money  at  low  and  moderate 
cost  for  the  Coldspring  Loan  Program  (as  defined  in  this 
ordinance)  for  the  Coldspring  Area  (as  defined  in  this 
ordinance)  within  the  City  of  Baltimore;  making  certain 
legislative  findings,  among  others,  concerning  the  public 
benefit  and  purpose  of  such  revenue  bonds;  providing 
that  such  revenue  bonds  (a)  shall  be  payable  solely  and 
only  from  Revenue  Bond  Loan  Program  Revenues  (as 
defined  in  this  ordinance)  and  (to  the  extent  provided 
by  resolution  of  the  Commissioners  of  Finance  of  the 
City  adopted  pursuant  to  this  ordinance)  certain  pro- 
ceeds of  such  revenue  bonds  and  (b)  shall  not  ever 
constitute,  within  the  meaning  of  Section  7  of  Article 
XI  of  the  Constitution  of  Maryland  or  any  other  consti- 
tutional, statutory  or  charter  provision  or  otherwise  (i) 
a  debt  or  general  obligation  of  the  City  or  any  other 
political  subdivision  or  (ii)  a  pledge  of  or  an  involve- 
ment of  the  faith  and  credit  or  the  taxing  powers  of  the 
City  or  any  other  political  subdivision;  authorizing  and 


ORDINANCES  179 

empowering  the  Commissioners  of  Finance  of  the  City 
by  resolution  (i)  to  determine  and  set  forth  certain 
matters  pertaining  to  the  revenue  bonds,  including 
(without  limitation)  the  form,  terms,  provisions  (includ- 
ing redemption  provisions  and  sinking  fund  require- 
ments, if  any),  manner  or  method  of  issuing  and  selling 
(including  negotiated  as  well  as  competitive  bid  sale), 
and  the  time  or  times  of  issuance  and  any  and  all  other 
details  of  such  revenue  bonds,  (ii)  to  do  any  and  all 
things  necessary,  proper  or  expedient  in  connection  with 
the  issuance  and  sale  of  such  revenue  bonds,  including 
(without  limitation)  to  prepare  and  distribute  a  prelimi- 
nary and  final  official  statement  in  connection  with  the 
sale  of  such  revenue  bonds,  to  determine  the  date,  time 
and  place  when  an  underwriting  agreement  or  purchase 
agreement  shall  be  submitted  by  the  underwriters  for 
such  revenue  bonds  or  the  purchasers  of  such  revenue 
bonds  and  to  determine  certain  of  the  terms  of  such  an 
agreement,  to  determine  the  interest  rate  or  rates  to  be 
paid  by  the  City  on  such  revenue  bonds  and  to  appoint 
a  trustee  for  such  revenue  bonds,  and  (iii)  to  approve 
the  form  of  a  trust  agreement  between  the  City  and  the 
trustee,  which  trust  agreement  may  (a)  pledge  or  assign 
all  or  any  part  of  the  security  for  such  revenue  bonds, 
(b)  contain  reasonable  and  proper  provisions  for  the 
protection  and  enforcement  of  the  rights  and  remedies 
of  the  holders  of  such  revenue  bonds,  (c)  set  forth  the 
rights  and  remedies  of  the  holders  of  such  revenue  bonds 
and  of  the  trustee  and  may  restrict  the  individual  right 
of  action  by  the  holders  of  such  revenue  bonds,  and  (d) 
contain  whatever  other  provisions  are  deemed  reasonable 
and  proper  for  the  security  of  the  holders  of  such  reve- 
nue bonds;  providing  that  all  or  a  portion  of  such 
revenue  bonds  may  be  refunded  pursuant  to  a  subsequent 
ordinance  of  the  City;  and  generally  providing  for  and 
determining  various  matters  in  connection  with  the 
authorization,  issuance,  security,  sale  and  payment  of 
such  revenue  bonds. 

RECITALS 

A.     Subsection  (51) — Loans  to  Facilitate  Low  and  Moder- 
ate  Cost  Residential   Mortgage   Financing  Within   the 


180  ORDINANCES  Ord.  No.  685 

City,  of  Article  II  of  the  Charter  of  Baltimore  City  (1964 
Revision,  as  amended)  ("Subsection  51")  authorizes 
Mayor  and  City  Council  of  Baltimore  (the  "City")  to 
borrow  money  by  the  issuance  and  sale  of  its  revenue 
bonds  and  to  utilize  the  proceeds  of  the  bonds  to  develop 
an  owner-occupancy  residential  mortgage  loan  program 
in  the  City  of  Baltimore,  Maryland  ("Baltimore")  to 
provide  readily  available  sources  of  money  at  low  and 
moderate  cost  for  such  residential  mortgage  loans  within 
Baltimore  through  the  purchase,  contracting  to  purchase 
or  other  acquisition  of  mortgage  loans  (i)  bearing  inter- 
est rates  below  those  generally  prevailing  (at  the  time 
of  purchase  or  contract  to  purchase)  in  the  private 
mortgage  market  (to  the  extent  such  a  market  exists  at 
that  time)  for  loans  of  comparable  quality  and  term  in 
Baltimore  and  (ii)  having  whatever  other  terms  and 
characteristics  as  may  be  determined  by  the  City.  Sub- 
section (51)  requires  that  revenue  bonds  authorized 
thereunder  shall  be  issued  pursuant  to  Subsection  (50) 
— Revenue  Bonds  and  Obligations,  of  the  Charter  of  Bal- 
timore City  (1964  Revision,  as  amended) . 

B.  Subsection  (50) — Revenue  Bonds  and  Obligations,  of 
Article  II  of  the  Charter  of  Baltimore  City  (1964  Revi- 
sion, as  amended)  ("Subsection  (50)")  authorizes  the 
City  to  borrow  money  through  the  issuance  and  sale  of 
its  revenue  bonds  for  the  accomplishment  of  any  of  the 
purposes,  objects  and  powers  of  the  City.  Revenue  bonds 
issued  pursuant  to  Subsection  (50)  shall  be  payable,  as 
to  both  principal  and  interest,  solely  from  and  secured 
solely  by  (i)  the  revenues  from  or  arising  in  connection 
with  the  property,  facilities,  developments  and  improve- 
ments whose  financing  is  undertaken  by  issuance  of  the 
bonds,  (ii)  the  revenues  from  or  arising  in  connection 
with  any  contracts,  mortgages  or  other  securities  pur- 
chased or  otherwise  acquired  with  the  proceeds  of  the 
bonds,  (iii)  the  contracts,  mortgages  or  other  securities 
purchased  or  otherwise  acquired  with  the  proceeds  of 
the  bonds,  or  (iv)  any  combination  of  (i),  (ii)  or  (iii). 

C.  Subsection  (50)  further  authorizes  the  City  to  author- 
ize and  empower  the  Commissioners  of  Finance  of  the 
City  (the  "Commissioners  of  Finance")  by  resolution 
(i)  to  determine  and  set  forth  certain  matters  pertain- 


ORDINANCES  181 

ing  to  the  revenue  bonds,  including  (without  limitation) 
the  form,  terms,  provisions,  manner  or  method  of 
issuing  and  selling  (including  negotiated  as  well  as  com- 
petitive bid  sale),  and  the  time  or  times  of  issuance  and 
any  and  all  other  details  of  such  revenue  bonds,  (ii)  to 
do  any  and  all  things  necessary,  proper  or  expedient  in 
connection  with  the  issuance  and  sale  of  such  revenue 
bonds,  and  (iii)  to  approve  the  form  of  a  trust  agree- 
ment between  the  City  and  the  trustee,  which  trust 
agreement  may  (a)  pledge  or  assign  all  or  any  part  of 
the  security  for  such  bonds,  (b)  contain  reasonable  and 
proper  provisions  for  the  protection  and  enforcement  of 
the  rights  and  remedies  of  the  holders  of  such  bonds,  (c) 
set  forth  the  rights  and  remedies  of  the  holders  of  such 
bonds  and  of  the  trustee  and  may  restrict  the  individual 
rights  of  action  by  the  holders  of  the  bonds,  and  (d) 
contain  whatever  other  provisions  are  deemed  reasonable 
and  proper  for  the  security  of  the  holders  of  such  bonds. 

D.  Subsection  (51)  and  Subsection  (50)  are  referred  to 
herein  collectively  as  the  "Enabling  Laws". 

E.  Subsection  (51)  declares,  among  other  things,  that 
borrowing  money  thereunder  by  the  issuance  of  revenue 
bonds  shall  be  for  the  essential  public  purpose  of  (i) 
preserving  a  healthy  and  viable  economy  within  Balti- 
more, (ii)  encouraging  and  facilitating  the  creation  or 
maintenance  of  a  healthy  and  ready  market  for  residen- 
tial real  estate  in  Baltimore,  (iii)  encouraging  and 
facilitating  the  purchase  of  residential  real  property  in 
Baltimore  in  order  to  maintain  and  encourage  growth  in 
real  property  assessments  in  Baltimore,  and  (iv)  pre- 
serving the  public  health,  safety  and  welfare  of  the  resi- 
dents of  Baltimore  by  enabling  residents  of  Baltimore  of 
all  income  levels  to  finance  readily  their  housing  needs 
in  Baltimore,  thus  discouraging  the  proliferation  of  va- 
cant and  substandard  housing  in  Baltimore  and  retard- 
ing or  reversing  the  movement  of  financially  self  suffi- 
cient taxpayers  to  surrounding  subdivisions. 

F.  The  City  established  and  enacted  an  urban  renewal 
area  known  as  the  Coldspring  Neighborhood  Develop- 
ment Program  Urban  Renewal  Area  (the  "Coldspring 
Area")  by  the  adoption  of  Ordinance  No.  242  of  the  City, 
approved  January  8,  1973,  as  amended  by  Amendment 


182  ORDINANCES  Ord.  No.  68S 

No.  1,  dated  February  27,  1975,  approved  by  the  City  by 
Ordinance  No.  847,  approved  April  7,  1975,  and  Amend- 
ment No.  2,  dated  September  16,  1975,  approved  by  the 
Board  of  Estimates  of  the  City  on  October  8,  1975.  The 
Coldspring  Area,  consisting  of  approximately  576  acres, 
is  bounded  generally  by  Northern  Parkway  on  the  North, 
the  Jones  Falls  Expressway  on  the  East,  Druid  Park 
Drive  on  the  South,  and  Greenspring  Avenue  on  the 
West.  Through  the  development  of  the  Coldspring 
Neighborhood  Development  Program  for  the  Coldspring 
Area  the  ("Coldspring  Neighborhood  Development  Pro- 
gram"), the  City  seeks  to  promote  a  new  community 
within  Baltimore  offering  a  variety  of  good  housing 
accommodations  in  an  attractive  environment. 

G.  Pursuant  to  the  Land  Disposition  Agreement  between 
the  City  and  the  developer  of  the  Coldspring  Area, 
approved  by  the  Board  of  Estimates  of  the  City,  dated 
July  4,  1975,  adopted  pursuant  to  the  Coldspring  Neigh- 
borhood Development  Program,  the  City  has  agreed  to 
use  its  best  efforts  to  provide  the  necessary  permanent 
mortgage  financing  for  purchasers  of  Coldspring  Area 
residential  units  through  the  issuance  of  the  City's  reve- 
nue bonds. 

H.  Pursuant  to  the  Coldspring  Neighborhood  Develop- 
ment Program,  the  Coldspring  Area  will  be  developed  in 
planned  stages,  and  the  City  proposes  to  provide  the  nec- 
essary long-term  mortgage  financing  for  purchasers  of 
Coldspring  Area  residential  units  through  several  issues 
of  the  City's  revenue  bonds  relating  to  different  stages 
of  the  Coldspring  Area  development. 

I.  Stage  1-A  of  the  Coldspring  Neighborhood  Develop- 
ment Program,  consisting  of  124  condominium  units,  is 
near  completion.  It  is  expected  that  purchasers  of  units 
in  Stage  1-A  will  require  an  aggregate  of  approximately 
$5,100,000  of  mortgage  loans  over  a  period  of  six  months 
from  the  date  of  the  issuance  of  the  Bonds  (defined  in 
this  ordinance) . 

J.  Construction  of  Stage  1-B  of  the  Coldspring  Neighbor- 
hood Development  Program  is  expected  to  be  completed 
in  about  eighteen  months  from  the  date  of  the  issuance 


ORDINANCES  183 

of  the  Bonds  (defined  in  this  ordinance).  It  is  expected 
that  purchasers  of  units  in  Stage  1-B  will  require  an 
aggregate  of  approximately  $6,500,000  of  mortgage  loans 
over  a  period  of  approximately  three  months  from  com- 
pletion. Purchasers  of  residential  units  in  Stages  1-A  and 
1-B  of  the  Coldspring  Neighborhood  Development  Pro- 
gram, the  mortgages  for  which  are  financed  pursuant  to 
the  Coldspring  Loan  Program  (defined  in  this  ordi- 
nance) ,  are  hereinafter  referred  to  as  the  "Mortgagors". 

K.  Pursuant  to  authority  provided  in  Article  XI-H  of  the 
Constitution  of  Maryland  and  Chapter  606  of  the  Laws  of 
Maryland  of  1974,  the  City  adopted  Ordinance  No.  641 
of  Mayor  and  City  Council  of  Baltimore  (approved  June 
12,  1974,  effective  November  5,  1974)  and  thereafter 
issued  a  $10,000,000  general  obligation  Residential  Fi- 
nancing Serial  1977-1996  Loan,  dated  April  15,  1977, 
the  proceeds  of  which  could  be  used  (a)  to  make  or  con- 
tract to  make  financial  loans  to  any  person  or  other  legal 
entity  to  be  used  for  or  in  connection  with  the  purchase, 
acquisition,  construction,  erection  or  development  of 
buildings  or  structures,  including  any  land  necessary 
therefor,  within  the  boundaries  of  Baltimore,  which 
buildings  or  structures  are  to  be  used  or  occupied  for 
residential  purposes,  and  (b)  to  guarantee  or  insure 
financial  loans  made  by  third  parties  to  any  person  or 
other  legal  entity  which  are  to  be  used  for  or  in  connec- 
tion with  the  purchase,  acquisition,  construction,  erection 
or  development  of  buildings  or  structures,  including  any 
land  necessary  therefor,  within  the  boundaries  of  Balti- 
more, which  buildings  or  structures  are  to  be  used  or 
occupied  for  residential  purposes.  The  City,  acting 
through  the  Department  of  Housing  and  Community 
Development  of  the  City  and  the  Board  of  Estimates  of 
the  City,  has  determined  and  is  expected  to  determine 
to  use  the  proceeds  of  the  Residential  Financing  Serial 
1977-1996  Loan  to  make,  guarantee  or  insure  a  number 
of  financial  loans  in  connection  with  residential  prop- 
erty in  Baltimore,  including  a  loan  in  the  principal 
amount  not  to  exceed  $1,250,000  (the  "City  General 
Obligation  Loan")  to  be  used  together  with  the  proceeds 
of  the  revenue  bonds  to  be  issued  pursuant  to  this  ordi- 
nance to  develop  the  Coldspring  Loan  Program  (defined 


184  ORDINANCES  Ord.  No.  685 

in  this  ordinance)  as  an  integral  part  of  the  Coldspring 
Neighborhood  Development  Program. 

L.  Pursuant  to  the  Enabling  Laws,  the  City  has  deter- 
mined to  issue  and  sell  in  an  amount  not  to  exceed 
$12,500,000  aggregate  principal  amount  of  its  "Residen- 
tial Financing  Revenue  Bonds,  1978  Series  (Coldspring 
Loan  Program)  "  (the  "Bonds")  and  to  use  the  proceeds 
of  the  Bonds,  together  with  the  City  General  Obligation 
Loan,  to  develop  an  owner-occupancy  residential  loan 
program  for  the  Coldspring  Neighborhood  Development 
Program,  Stages  1-A  and  1-B,  which  loan  program  will 
include  (without  limitation)  the  financing  of  mortgage 
loans  for  the  Mortgagors  (collectively,  the  "Coldspring 
Loan  Program").  The  City  has  determined  to  issue  and 
sell  the  Bonds  to  effectuate  the  public  purpose  of  (i) 
preserving  a  healthy  and  viable  economy  within  Balti- 
more, (ii)  creating  a  healthy  and  ready  market  for  resi- 
dential real  estate  in  Baltimore,  (iii)  encouraging  and 
facilitating  the  purchase  of  residential  real  property  in 
Baltimore  in  order  to  maintain  and  encourage  growth 
in  real  property  assessments  in  Baltimore,  and  (iv)  pre- 
serving the  public  health,  safety  and  welfare  of  the 
residents  of  Baltimore  by  enabling  residents  of  Baltimore 
of  all  income  levels  to  finance  readily  their  housing  needs 
in  Baltimore,  thus  discouraging  the  proliferation  of  va- 
cant and  substandard  housing  in  Baltimore  and  retard- 
ing or  reversing  the  movement  of  financially  self  suffi- 
cient taxpayers  to  surrounding  subdivisions. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That,  acting  pursuant  to  the  Enabling  Laws, 
it  is  hereby  found  and  determined,  as  follows : 

(1)  The  issuance  of  revenue  bonds  by  the  City  pur- 
suant to  the  Enabling  Laws  to  develop  the  Coldspring  Loan 
Program  as  a  part  of  the  Coldspring  Neighborhood  Develop- 
ment Program  in  Baltimore  through  the  purchase,  con- 
tracting to  purchase  or  other  acquisition  of  mortgage 
loans  (i)  bearing  interest  rates  below  those  generally  pre- 
vailing (at  the  time  of  purchase  or  contract  to  purchase) 
in  the  mortgage  market  (to  the  extent  such  a  market 
exists  at  that  time)  for  loans  of  comparable  quality  and 
term  in  Baltimore  and  (ii)  having  the  terms  and  charac- 


ORDINANCES  185 

teristics  as  determined  by  this  ordinance  and  the  Com- 
missioners of  Finance  acting  pursuant  to  this  ordinance, 
will  encourage  and  facilitate  the  purchase  of  residential 
property  in  the  Coldspring  Area  by  residents  of  Baltimore 
of  all  income  levels. 

(2)  The  accomplishment  of  the  transactions  contem- 
plated and  authorized  by  this  ordinance,  including  (with- 
out limitation)  the  development  of  the  Coldspring  Loan 
Program,  will  accomplish  a  public  purpose  and  meet  exist- 
ing public  needs  by  (i)  preserving  a  healthy  and  viable 
economy  within  Baltimore,  (ii)  encouraging  and  facilitat- 
ing the  creation  or  maintenance  of  a  healthy  and  ready 
market  for  residential  real  estate  in  Baltimore,  (iii)  en- 
couraging and  facilitating  the  purchase  of  residential  real 
property  in  Baltimore  in  order  to  maintain  and  encourage 
growth  in  real  property  assessments  in  Baltimore,  and  (iv) 
preserving  the  public  health,  safety  and  welfare  of  the 
residents  of  Baltimore  by  enabling  residents  of  Baltimore 
of  all  income  levels  to  finance  readily  their  housing  needs 
in  Baltimore,  thus  discouraging  the  proliferation  of  vacant 
and  substandard  housing  in  Baltimore  and  retarding  or 
reversing  the  movement  of  financially  self  sufficient  tax- 
payers to  surrounding  subdivisions. 

(3)  Neither  bonds  nor  interest  coupons  issued  under 
the  authority  of  the  Enabling  Laws  constitute  (i)  a  debt 
or  general  obligation  of  the  City  or  any  other  political 
subdivision  or  (ii)  a  pledge  of  or  an  involvement  of  the  faith 
and  credit  or  the  taxing  powers  of  the  City  or  any  other 
political  subdivision,  all  within  the  meaning  of  Section  7 
of  Article  XI  of  the  Constitution  of  Maryland  or  any  other 
constitutional,  statutory  or  charter  provision.  The  princi- 
pal of  and  interest  on  the  Bonds  shall  be  payable  from,  and 
secured  by,  (i)  an  assignment  of  payments,  proceeds, 
charges,  rents  and  other  income  (except  certain  escrow 
payments)  to  be  derived  in  cash  by  or  for  the  account  of 
the  City  from  or  related  to  the  Coldspring  Loan  Program, 
including  (without  limitation)  payments  of  principal  of 
and  interest  on  mortgage  loans  made  by  the  City  under 
the  Coldspring  Loan  Program  (the  "Revenue  Bond  Loan 
Program  Revenues")  and  (ii)  (to  the  extent  provided  by 
resolution  of  the  Commissioners  of  Finance  adopted  pur- 
suant to  this  ordinance)  proceeds  of  the  Bonds.  The  prin- 


186  ORDINANCES  Ord.  No.  685 

cipal  of  and  interest  on  the  Bonds  shall  be  secured  by 
(without  limitation)  mortgage  loans  to  Mortgagors  fi- 
nanced under  the  Coldspring  Loan  Program.  All  such 
mortgages  shall  be  assigned  to  the  trustee  for  the  Bonds 
pursuant  to  a  trust  agreement  between  the  City  and  the 
trustee  for  the  Bonds.  The  Bonds  may  be  additionally  se- 
cured (without  in  any  way  specifying  or  limiting  the 
terms  of  such  additional  security)  by  (i)  insuring  the 
Revenue  Bond  Loan  Program  Revenues  by  private  mort- 
gage insurance  provided  by  a  private  mortgage  insurer 
selected  by  the  Commissioners  of  Finance,  or  (ii)  insuring 
the  Revenue  Bond  Loan  Program  Revenues  through  the 
Maryland  Housing  Fund  or  such  other  Federal,  State  or 
municipal  fund  or  other  agency  permitted  by  applicable 
law  to  perform  such  insuring  functions;  or  (iii)  assigning 
the  proceeds  of  the  mortgage  insurance  to  the  trustee  for 
the  holders  of  the  Bonds  (the  "Bondholders")  ;  or  (iv) 
such  other  security  as  the  Commissioners  of  Finance  may 
by  resolution  approve;  or  (v)  any  combination  of  (i),  (ii), 
(iii)  and  (iv). 

The  principal  amount  of  the  Bonds  will  be  paid  directly 
to,  and  will  be  disbursed  by,  the  independent  trustee  ap- 
pointed by  the  Commissioners  of  Finance  pursuant  to  this 
ordinance  (the  "Trustee").  No  such  moneys  will  be  either 
commingled  with  the  City's  general  funds  or  made  subject 
to  the  absolute  control  of  the  City,  except  for  such  limited 
supervision  and  checks  as  are  deemed  necessary  or  desir- 
able by  the  City  to  insure  that  the  proceeds  of  the  Bonds 
are  used  to  accomplish  the  public  purposes  of  the  Enabling 
Laws  and  this  ordinance.  The  Revenue  Bond  Loan  Program 
Revenues  will  be  paid  by  the  Mortgagors  to  the  mortgage 
servicer  for  the  Coldspring  Loan  Program,  as  stipulated  in 
the  Servicing  Agreement  to  be  entered  into  by  the  City 
with  a  servicing  agent  for  the  Coldspring  Loan  Program 
mortgages,  and  the  Revenue  Bond  Loan  Program  Reve- 
nues, less  the  servicing  fee  to  be  approved  by  the  Com- 
missioners of  Finance,  shall  be  paid  by  such  servicer  to 
the  Trustee.  The  transactions  authorized  hereby  do  not 
constitute  a  public  improvement  or  a  capital  project  within 
the  meaning  of  any  charter  or  statutory  provision.  The 
public  purposes  expressed  in  this  ordinance  are  intended 
to  be  achieved  by  providing  residential  low  and  moderate 


ORDINANCES  187 

cost  mortgage  loans  to  the  Mortgagors  within  Baltimore; 
preserving  a  healthy  economy  within  Baltimore;  fostering 
a  healthy  market  for  residential  real  estate  in  Baltimore; 
fostering  the  purchase  of  residential  real  property  in  Bal- 
timore and  providing  affordable  housing  within  Baltimore, 
thus  discouraging  the  movement  of  taxpayers  to  surround- 
ing subdivisions. 

Sec.  2.  And  be  it  further  ordained,  That,  the  issuance, 
sale  and  delivery  of  not  exceeding  $12,500,000  aggregate 
principal  amount  of  revenue  bonds,  hereby  designated 
"Residential  Financing  Revenue  Bonds,  1978  Series  (Cold- 
spring  Loan  Program) "  are  hereby  authorized,  subject  to 
the  provisions  of  this  ordinance,  the  proceeds  to  be  used 
to  develop  the  Coldspring  Loan  Program  as  a  part  of  the 
Coldspring  Neighborhood  Development  Program,  all  as  set 
forth  in  this  ordinance.  In  addition  to  the  disbursement  of 
Bond  proceeds  for  mortgage  loans  under  the  Coldspring 
Loan  Program,  Bond  proceeds  may  be  disbursed  (without 
limitation)  (i)  to  pay  the  cost  of  issuance  and  sale  of  the 
Bonds,  including  (without  limitation)  costs  of  printing  the 
Bonds,  the  official  statement  and  other  legal  documents, 
costs  of  delivery  of  the  Bonds,  legal  fees,  accounting  fees, 
underwriting  costs,  advertising  costs,  costs  of  rating 
agency  reviews  and  all  other  incidental  related  expenses 
and  (ii)  (to  the  extent  provided  by  resolution  of  the  Com- 
missioners of  Finance  adopted  pursuant  to  this  ordinance) 
to  fund  a  debt  service  reserve  for  the  Bonds.  The  Bonds 
shall  be  solely  and  exclusively  payable  from  the  Revenue 
Bond  Loan  Program  Revenues  and  (to  the  extent  provided 
by  resolution  of  the  Commissioners  of  Finance  adopted 
pursuant  to  this  ordinance)  certain  Bond  proceeds.  The 
Bonds  shall  be  secured  by  (without  limitation)  mortgage 
loans  to  Mortgagors  financed  under  the  Coldspring  Loan 
Program.  All  such  mortgages  shall  be  assigned  by  the 
Trustee  pursuant  to  a  trust  agreement  between  the  City 
and  the  Trustee.  The  Commissioners  of  Finance  may  re- 
quire, however,  that  the  Bonds  be  additionally  secured  by 
(i)  insuring  the  Revenue  Bond  Loan  Program  Revenues 
through  private  mortgage  insurance  provided  by  a  private 
mortgage  insurer  selected  by  the  Commissioners  of  Fi- 
nance; or  (ii)  insuring  the  Revenue  Bond  Loan  Program 
Revenues  through  the  Maryland  Housing  Fund  or  such 


188  ORDINANCES  Ord.  No.  685 

Federal,  State,  or  municipal  fund  or  other  agency  permit- 
ted by  applicable  law  to  perform  such  insuring  functions; 
or  (iii)  assigning  the  proceeds  of  the  mortgage  insurance 
to  the  Trustee  for  the  Bondholders;  or  (iv)  such  other 
security  as  the  Commissioners  of  Finance  may  approve; 
or  (v)  any  combination  of  (i),  (ii),  (iii)  and  (iv).  The 
aggregate  principal  amount  of  Bonds  issued,  sold  and  de- 
livered pursuant  to  this  ordinance  shall  not  exceed  $12,- 
500,000  unless  such  amount  shall  be  increased  by  an  ordi- 
nance of  the  City  supplemental  hereto.  Nothing  in  this 
ordinance  is  intended  or  shall  be  deemed  to  exclude  the 
issuance  of  refunding  bonds  to  refund  all  or  a  portion  of 
the  Bonds,  and  the  adoption  of  a  subsequent  ordinance  or 
ordinances  for  such  purpose  is  expressly  contemplated  by 
this  ordinance. 

In  accordance  with  the  Enabling  Laws,  the  City  hereby 
authorizes  the  Commissioners  of  Finance,  unless  the  City 
shall  otherwise  prescribe  prior  to  the  issuance  and  delivery 
of  the  Bonds,  by  resolution  to  take  the  following  actions 
and  to  make  the  following  commitments  on  behalf  of  the 
City: 

(a)  to  determine  and  set  forth  the  form,  terms,  pro- 
visions (including  redemption  provisions  and  sinking  fund 
requirements,  if  any),  manner  or  method  of  issuing  and 
selling  (including  negotiated  or  competitive  bid  sale)  and 
the  time  or  times  of  issuance  and  any  and  all  other  details 
of  the  Bonds ; 

(b)  to  prepare  and  distribute,  in  conjunction  with  the 
prospective  underwriters  for  the  Bonds,  both  a  preliminary 
and  a  final  official  statement  in  connection  with  the  sale 
of  the  Bonds;  provided,  however,  that  any  such  prelimi- 
nary official  statement  shall  be  clearly  marked  to  indicate 
that  it  is  subject  to  completion  and  amendment ; 

(c)  to  determine  the  date,  time  and  place  when  an  un- 
derwriting agreement  or  purchase  contract  shall  be  sub- 
mitted by  the  underwriters  for  the  Bonds  or  purchasers  of 
the  Bonds,  such  underwriting  agreement  or  purchase  con- 
tract to  specify  the  interest  rate  or  rates  proposed  to  be 
paid  on  the  Bonds,  the  price  at  which  such  Bonds  are  to  be 
sold  to  such  underwriters  or  purchasers,  and  such  other 
matters  as  the  underwriters  or  purchasers  and  the  Com- 


ORDINANCES  189 

missioners  of  Finance  may  deem  necessary  or  desirable  in 
order  to  effect  the  sale  and  delivery  of  the  Bonds ; 

(d)  to  determine  the  interest  rate  or  rates  to  be  paid 
by  the  City  on  the  Bonds  in  accordance  with  the  proposed 
underwriting  agreement  or  purchase  contract  submitted 
by  the  underwriters  for  the  Bonds  or  purchasers  of  the 
Bonds; 

(e)  to  appoint  a  bank  having  trust  powers,  or  a  trust 
company,  as  trustee  for  the  Bonds  to  be  issued  pursuant  to 
this  ordinance ;  and 

(f)  to  approve  the  form  of  a  trust  agreement  between 
the  City  and  the  Trustee,  which  trust  agreement  may  (i) 
pledge  or  assign  all  or  any  part  of  the  security  for  the 
Bonds,  (ii)  contain  reasonable  and  proper  provisions  for 
the  protection  and  enforcement  of  the  rights  and  remedies 
of  the  Bondholders,  (iii)  set  forth  the  rights  and  remedies 
of  the  Bondholders  and  the  Trustee  and  may  restrict  the 
individual  right  of  action  by  the  Bondholders,  and  (iv) 
contain  whatever  other  provisions  are  deemed  reasonable 
and  proper  for  the  security  of  the  Bondholders. 

The  Commissioners  of  Finance  shall  perform  any  and 
all  actions  necessary  or  deemed  appropriate  by  such  Com- 
missioners in  order  to  effect  the  issuance  and  sale  of  the 
Bonds  in  accordance  with  and  pursuant  to  this  ordinance 
and  the  underwriting  agreement  or  purchase  contract  for 
the  Bonds. 

The  Bonds  shall  be  dated  as  of  the  first  day  of  the  month 
next  following  the  date  on  which  the  Bonds  are  sold  unless 
the  Commissioners  of  Finance  shall  specify  a  different 
date  by  a  resolution  adopted  pursuant  to  this  ordinance, 
and  the  Bonds  shall  bear  interest  at  an  annual  rate  or  rates 
payable  semi-annually  following  the  date  of  the  Bonds  so 
that,  if  the  Bonds  are  dated  February  1,  1978,  interest  on 
the  Bonds  will  be  payable  on  August  1,  1978,  and  semi- 
annually thereafter  each  February  1  and  August  1. 

The  Bonds  issued  hereunder  shall  mature  on  the  date  or 
dates  provided  in  a  resolution  of  the  Commissioners  of 
Finance  adopted  pursuant  to  this  ordinance,  but  the  last 
maturity  of  the  Bonds  shall  in  no  event  exceed  a  period  of 
forty  (40)  years  from  the  date  of  the  Bonds.  If  the  resolu- 


190  ORDINANCES  Ord.  No.  686 

tion  of  the  Commissioners  of  Finance  does  not  provide  any 
maturity  or  maturities  for  the  Bonds,  all  of  the  Bonds  shall 
mature  on  the  date  thirty-two  (32)  years  from  the  date  of 
the  Bonds.  If  the  Bonds  are  dated  February  1,  1978,  all  the 
Bonds  will  mature  (in  the  absence  of  a  resolution  of  the 
Commissioners  of  Finance  determining  otherwise)  on  Feb- 
ruary 1,  2010. 

Sec.  3.  And  be  it  further  ordained,  That,  prior  to  the 
sale  of  the  Bonds,  the  Commissioners  of  Finance,  unless 
the  City  shall  otherwise  prescribe,  may  determine  by  res- 
olution: 

(1)  the  provisions  of  trust  between  the  City  and  the 
Trustee  ; 

(2)  the  manner  of  execution,  authentication,  registra- 
tion and  transfer  of  the  Bonds ; 

(3)  provisions  for  authentication  and  delivery  of  the 
Bonds ; 

(4)  the  provisions  of  the  Coldspring  Loan  Program,  in- 
cluding the  terms  of  the  mortgages  acquired  under  the 
Coldspring  Loan  Program  and  the  terms  of  any  servicing 
agreement  between  the  City  and  a  mortgage  servicer  for 
mortgages  acquired  under  the  Coldspring  Loan  Program; 

(5)  the  terms  of  the  private  insurance,  public  insur- 
ance or  other  security  for  the  Bonds ; 

(6)  provisions  for  creation,  holding  and  disbursement 
of  a  program  fund  to  be  held  by  the  Trustee  ; 

(7)  provisions  for  creation,  holding  and  disbursement 
of  any  other  funds  and  accounts  to  be  held  by  the  Trustee; 

(8)  provisions  for  the  application  of  the  Revenue  Bond 
Loan  Program  Revenues ; 

(9)  provisions  for  the  security  for  and  investment  of 
moneys  held  by  the  Trustee ; 

(10)  the  details  of  the  procedure  for  the  redemption 
of  the  Bonds ; 

(11)  remedies  for  Bondholders  in  the  event  of  default; 


ORDINANCES  191 

(12)  the  duties,  rights  and  immunities  of  the  Trustee; 

(13)  the  manner  of  execution  of  instruments  by  Bond- 
holders and  the  method  of  proof  of  ownership  of  the  Bonds ; 

( 14 )  provisions  for  modification  of  this  ordinance ; 

(15)  provisions  for  defeasance  of  the  Bonds ; 

(16)  the  forms  of  the  Bonds,  coupons  and  the  Trustee's 
authentication  certificate ;  and 

(17)  such  other  matters  in  connection  with  the  author- 
ization, issuance,  security,  sale  and  payment  of  the  Bonds 
as  may  be  deemed  appropriate  by  the  Commissioners  of 
Finance. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
ordinance  shall  be  deemed  to  be  of  an  administrative  na- 
ture. The  Board  of  Estimates  shall  approve  the  amount  and 
use  of  the  City  General  Obligation  Loan  to  be  utilized  in 
the  Coldspring  Loan  Program. 

Sec.  4.  And  be  it  further  ordained,  That,  if  any  action 
on  any  matter  delegated  to  the  Commissioners  of  Finance, 
or  authorized  for  implementation  by  the  Commissioners 
of  Finance  shall  not  be  acted  upon  by  the  Commissioners 
of  Finance,  such  actions  and  matters  may  be  acted  upon 
or  implemented  by  a  resolution,  approved  by  the  City 
Council  of  the  City,  which  is  subsequently  approved  by  the 
Mayor  or  acting  Mayor  of  the  City. 

Sec.  5.  And  be  it  further  ordained,  That,  the  provisions 
of  this  ordinance  are  severable,  and  if  any  provision,  sen- 
tence, clause,  section  or  part  thereof  is  held  illegal,  in- 
valid or  unconstitutional  or  inapplicable  to  any  person  or 
circumstances,  such  illegality,  invalidity  or  unconstitu- 
tionality, or  inapplicability  shall  not  affect  or  impair  any 
of  the  remaining  provisions,  sentences,  clauses,  sections,  or 
parts  of  this  ordinance  or  its  application  to  other  persons 
or  circumstances.  It  is  hereby  declared  to  be  the  legis- 
lative intent  that  this  ordinance  would  have  been  adopted 
if  such  illegal,  invalid  or  unconstitutional  provision,  sen- 
tence, clause,  section  or  part  had  not  been  included  therein, 
and  if  the  person  or  circumstances  to  which  this  ordinance 


192  ORDINANCES  Ord.  No.  686 

or  any  part  thereof  is  inapplicable  had  been  specifically 
exempted  therefrom. 

Sec.  6.  And  be  it  further  ordained,  That,  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  21,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  686 
(Council  No.  1324) 

An  Ordinance  to  amend  the  Urban  Renewal  Plan  for  the 
Orchard-Biddle  Project,  which  plan  was  approved  by 
Ordinance  No.  1066,  dated  May  17,  1971,  to,  among  other 
things,  (1)  delete  certain  properties  from  acquisition; 
(2)  authorize  the  acquisition  by  purchase  or  by  condem- 
nation by  the  Mayor  and  City  Council  of  Baltimore,  for 
Urban  Renewal  purposes  of  certain  properties;  (3)  re- 
vise standards  applicable  to  all  non-residential  property 
rehabilitation  and  provide  penalties  for  violating  these 
standards;  (4)  EXPAND  THE  PUBLIC  LAND  USE 
CATEGORY  TO  INCLUDE  EDUCATIONAL  FACILI- 
TIES AND  RELATED  USES;  (5)  change  the  per- 
mitted land  uses  of  certain  portions  of  Orchard-Biddle 
and  establish  controls  over  any  non-conforming  COM- 
PLYING properties;  -(£)-  (6)  recommend  the  closing  of 
certain  streets  and/or  alleys;  -(&)•  (7)  revise  the  lot  lines 
and  change  the  standards  and  controls  of  certain  dis- 
position parcels;  4Q-  (8)  create  certain  disposition  par- 
cels and  corresponding  standards  and  controls;  -(&>  (9) 
revise  certain  exhibits  attached  to  said  plan  to  indicate 
the  changes  provided  therein;  and  -W-  (10)  provide  for 
an  effective  date  hereof. 

Whereas,  an  Urban  Renewal  Plan  for  Orchard-Biddle 
was  approved  by  the  Mayor  and  City  Council  of  Baltimore 
by  Ordinance  No.  1066  dated  May  17,  1971,  and  last 
amended  by  Ordinance  No.  115  dated  June  30,  1976;  and 


ORDINANCES  193 

Whereas,  pursuant  to  Section  26,  Article  13  of  the  Bal- 
timore City  Code  (1966  Edition)  as  amended  by  Ordinance 
No.  152,  approved  June  28,  1968  and  Ordinance  No.  325,  ap- 
proved May  31,  1977,  no  substantial  change  or  changes 
shall  be  made  in  any  renewal  plan,  after  approval  by  ordi- 
nance, without  such  change  or  changes  first  being  adopted 
and  approved  in  the  same  manner  as  set  forth  in  said 
Section  26  for  the  approval  of  a  renewal  plan,  namely 
the  preparation  of  such  change  or  changes  by  the  Depart- 
ment of  Housing  and  Community  Development,  the  approval 
of  such  change  or  changes  by  the  Director  of  the  Department 
of  Planning,  and  approval  and  adoption  by  an  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore  after  a  public 
hearing  in  relation  thereto,  all  in  the  manner  set  forth  in 
said  Section  26;  and 

Whereas,  extensive  changes  in  the  renewal  plan  make 
it  infeasible  to  make  line-by-line  changes;  therefore,  the 
Department  of  Housing  and  Community  Development  has 
prepared  an  amended  Renewal  Plan  for  Orchard-Biddle, 
including  all  prior  amendments  to  said  Plan;  and 

Whereas,  said  amended  Renewal  Plan  for  Orchard-Biddle 
has  been  approved  by  the  Director  of  the  Department  of 
Planning  of  Baltimore  City  on  October  27,  1977  with 
respect  to  its  conformity  to  the  Master  Plan;  the  detailed 
location  of  any  public  improvements  proposed  in  the 
amended  Renewal  Plan;  its  conformity  to  the  rules  and 
regulations  for  subdivision;  and  all  zoning  changes  proposed 
in  the  amended  Renewal  Plan;  and  said  amended  Renewal 
Plan  has  been  approved  and  recommended  to  the  Mayor  and 
City  Council  of  Baltimore  City  by  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development  on 
November  15, 1977. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Renewal  Plan  for  Orchard- 
Biddle,  identified  as  "Urban  Renewal  Plan,  Orchard-Biddle 
. . .  revised  to  include  Amendment  No.  7,  dated  September  14, 
1977  AND  REVISED  FEBRUARY  16,  1978"  is  hereby 
approved,  and  the  Clerk  of  the  City  Council  is  hereby 
directed  to  file  a  copy  of  said  amended  Renewal  Plan  with 
the  Department  of  Legislative  Reference  as  a  permanent 


194  ORDINANCES  Ord.  No.  686 

public  record  and  make  the  same  available  for  public  in- 
spection and  information. 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  delete  certain  properties  or  portions  thereof  from  the 
lists  of  properties  to  be  acquired  in  previous  ordinances 
approving  acquisition  by  purchase  or  by  condemnation,  in 
the  Orchard-Biddle  project,  as  follows : 

411  W.  Biddle  Street  (Ordinance  115,  dated  June  30, 
1976) — that  portion  not  deemed  necessary  by  the  Director 
of  the  Department  of  Public  Works  for  the  proposed  City 
Boulevard 

401  03  Diamond  Street  (Ordinance  Z&h  4&te4  Jtme  8? 
405  09  Diamond  Street   (Ordinance  £££7  dated  Juno  8y 

404  Diamond  Street  (Ordinance  SSQy  dated  Jtrae  8?  1973) 

612  W.  Fayette  Street  (Ordinance  846,  dated  April  7, 
1975) 

614  W.  Fayette  Street  (Ordinance  846,  dated  April  7, 
1975) 

616  W.  Fayette  Street  (Ordinance  846,  dated  April  7, 
1975) 

100-02  N.  Greene  Street  (Ordinance  846,  dated  April 
7, 1975) 

104  N.  Greene  Street  (Ordinance  846,  dated  April  7, 1975) 
106  N.  Greene  Street  (Ordinance  846,  dated  April  7, 1975) 
108  N.  Greene  Street  (Ordinance  846,  dated  April  7, 1975) 
110  N.  Greene  Street  (Ordinance  846,  dated  April  7, 1975) 
112  N.  Greene  Street  (Ordinance  846,  dated  April  7, 1975) 
114-16  N.  Greene  Street  (Ordinance  846,  dated  April  7, 
1975) 

118  N.  Greene  Street  (Ordinance  846,  dated  April  7, 
1975) 

8S3  Madison  Avonuo    (Ordinance  445r  dated  June  3O7 


ORDINANCES  195 

500  02  Wt  Mulberry  Stroot  (Ordinanoo  S60,  4ate4  fefie  Sy 

400  Nt  gaea  Stroot  (Ordinanoo  360?  4ate4  Jtme  8,  1973) 
408  N>  gaea  Stroot  (Ordinanoo  360^  4ate4  Jtme  8,  1973) 

404  £k  Paea  Stroot  (Ordinanoo  360r  4ate4  fene  g,  1973) 

405  £k  £>aea  Stroot  (Ordinanoo  360?  4ate4  &me  8y  1973) 

105-07  Pearl  Street  (Ordinance  846,  dated  April  7,  1975) 
511  17  Pioroo  Stroot  (Ordinanoo  £60?  4ate4  tore  &?  1973) 

SEC.  3.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  condemnation  the  fee  simple 
interest,  or  any  lesser  interest  in  and  to  certain  properties, 
together  with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in 
all  streets,  alleys,  ways  or  lanes,  public  or  private,  both 
abutting  the  whole  area  described  and/or  contained  within 
the  perimeter  of  said  area,  provided  that  these  properties  or 
portions  thereof  are  not  deemed  necessary  by  the  Director 
of  the  Department  of  Public  Works  for  the  proposed  City 
Boulevard  and  described  as  follows : 

700  w 

302  W, 

304  Wr 

70fi  10  W 

342W, 

344  W, 

716-18  W.  Baltimore  Street 

720  W.  Baltimore  Street 

315  17  W   "Ridrilr  9trorf 

319  W.  Biddle  Street 
325  W.  Biddle  Street 
327  W.  Biddle  Street 

700  Born  Court 

836  N.  Eutaw  Street 
838  N.  Eutaw  Street 

30O-06  W,  Fairmount  Ayeftge 

304  W,  Fairmount  Ave^e 

303  ¥r  Fairmount  Averse 

305  W,  Fairmount  iVvonuo 


196  ORDINANCES  Ord.  No.  686 

70C  W.  FAIRMOUNT  AVENUE 
?0?  ^7  Fairmount  Avonuo 
708  W.  Fairmount  Avenue 
WQ  X+-7  Fairmount  Avonuo 
710  W.  Fairmount  Avenue 

Til   HZ    En  i  gptjAiaja^   A  *rr\-n*is\ 

I    X  X    T1    *   nTTTTTTT7tnTv    J.  X  T  \^IIT_I  V 


7QQ  \y    F.nvrf-to  9.trrot 

ypi  ^l  Fayotto  Stroot 

i  ^*o    VV  •  1/  1 1 j ' (J B WJ  ij \ji\}Qv 

704  W.  Fayette  Street 

705  W    Tnvpffp  9fvor1- 

706  W.  Fayette  Street 
y(ff  1ZL  Fayotto  Stroot 

708  W.  Fayette  Street 

709  W.  Fayette  Street 

711  W   Fnvrrtr  9trrrt 
71  1  XL  W    FnT'-rttr  Qtrppf 

713  W.  FAYETTE  STREET 
536-38  W.  Franklin  Street 

702  Josephine  Street 

704  JOSEPHINE  STREET 

m  W.  Lexington  Stroot 

703  W.  Lexington  Street 

705  W.  Lexington  Street 

449  Orchard  Street 

501  Pennsylvania  Avenue 
503  Pennsylvania  Avenue 

&.40  N^r  Pke  Stroot 
12  12 1 2  ^r^fte  Stroot 

A    X    TTT    TTTrC    V-)  LI  VLU 

1  a  vr   Pino  Qtrrpf- 

4^14  Nr^me  Stroot 

1  Q  XL-  pjno  Rfrrrt 
90  V"   pjnr>  fifrrrt 

S-TTT    T^T.     X     II  ITT    K_7  v  a  ^ \~  v 

102  N.  Pine  Street 
104  N.  Pine  Street 
106  N.  Pine  Street 
108  N.  Pine  Street 


ORDINANC  KS 

HON.  Pine  Street 

112  N.Pine  Street 

444  j^giKe  Street 

116  N.  Pi 

ne  Street 

222  N.  Pi 

ne  Street 

224  N.  Pi 

ne  Street 

226  N.  Pi 

ne  Street 

228  N.  Pi 

ne  Street 

232  N.  Pi 

ne  Street 

234  N.  Pi 

ne  Street 

236  N.  Pi 

ne  Street 

238  N.  Pi 

ne  Street 

240  N.  Pi 

ne  Street 

242  N.  Pi 

ne  Street 

244  N.  Pi 

ne  Street 

246  N.  Pi 

ne  Street 

248  N.  Pi 

ne  Street 

250  N.  Pi 

ne  Street 

252  N.  Pi 

ne  Street 

254  N.  Pi 

ne  Street 

256  N.  Pi 

ne  Street 

258  N.  Pi 

ne  Street 

701 W.  Saratoga  Street 

703-07  W.  Saratoga  Street 

197 


SEC.  4.  And  be  it  further  ordained,  That  it  has  become 
necessary  to  revise  the  rehabilitation  standards  for  non-resi- 
dential properties  established  by  Ordinance  315  approved 
May  3, 1973,  to  reflect  higher  requirements  to  accommodate 
preservation  and  establish  guidelines  for  compliance.  There- 
fore, the  existing  non-residential  rehabilitation  standards 
are  hereby  repealed  and  the  following  standards  shall  apply 
to  all  non-residential  properties  within  Orchard-Biddle,  over 
and  above  the  codes  and  ordinances  of  the  City  of  Baltimore: 

a.    Roofs 

(1)     General  Provisions 

(a)  All  roof  mounted  signs  and  unused  roof  hardware 
shall  be  removed. 

(b)  Rooftop  mechanical  equipment  shall  be  located  far 
enough  back  from  the  edge  of  the  roof  so  that  it  cannot  be 


198  ORDINANCES  Ord.  No.  686 

seen  from  the  sidewalk  across  the  street,  either  in  front  of 
or  to  one  side  of  the  building.  Functional  equipment  may  be 
retained  until  major  repair  or  replacement  of  the  equipment 
becomes  necessary,  at  which  time  it  shall  be  removed  from 
view.  All  mechanical  equipment  shall  be  painted  with  a  flat 
paint  in  a  color  compatible  with  the  color  of  the  front  of 
the  building  upon  which  it  rests.  Equipment,  such  as  water 
towers  with  ^e4  wood  REDWOOD  slats,  which  would  have 
their  operation  impaired  by  the  addition  of  paint  and  which 
are  of  acceptable  visual  quality,  shall  be  permitted. 

(c)  All  chimneys,  elevator  penthouses  or  other  auxiliary 
structures  on  the  roofs  shall  be  clean  and  in  good  repair.  All 
deteriorated  masonry  chimneys  shall  be  either  removed  or 
restored.  All  future  metal  chimneys  shall  be  located  so  that 
they  cannot  be  seen  from  the  sidewalk  across  the  streets 
either  in  front  of,  or  to  one  side  of,  the  building. 

(d)  Flashing  visible  from  the  sidewalk  must  be  neat 
and  free  of  pitch.  Visible  flashing  shall  be  painted  to  match 
the  surface  of  the  wall  above  it. 

(e)  All  gutters  and  rain  water  leaders  must  be  in  good 
condition.  Painted  metal,  vinyl  or  stainless  steel  gutters  and 
rain  water  leaders  may  be  used. 

(2)  For  pitched  roof  visible  from  the  sidewalk  across 
the  street  either  in  front  of,  or  to  one  side  of  a  building  the 
following  additional  roof  requirements  shall  apply : 

(a)  The  finished  roofing  material  shall  be  clean  and  in 
a  good  state  of  repair. 

(b)  The  finished  roofing  material  shall  be  limited  to  one 
of  the  following : 

terne  metal 

standing  seam,  painted  sheet  metal  roofing 

shingle  or  tile 

slate 

other  acceptable  material 

(c)  The  finished  roofing  material  shall  have  a  color 
compatible  with  the  building  color  scheme. 

(d)  Dormers  shall  be  compatible  with  the  design  of  the 
buildings'  street  facade.  The  finish  materials  and  colors 


ORDINANCES  199 

shall  be  harmonious  with  both  the  roof  and  facade  of  the 
buildings. 

(e)  Skylights  shall  be  of  low  profile  and  all  metal 
parts  shall  match  the  roofing  material.  Skylights  shall 
be  kept  to  the  rear  of  the  ridge  of  the  roof. 

b.     Exterior  Walls 

(1)  All  of  the  exterior  walls  of  all  structures  located 
in  the  project  area  and  used  entirely  or  in  part  for  com- 
mercial purposes  shall  be  included  in  this  requirement. 

(2)  All  miscellaneous  elements  on  the  exterior  walls 
of  the  structures  such  as  empty  electrical  boxes,  conduits, 
pipes,  unused  sign  brackets,  etc.,  shall  be  removed. 

(3)  All  brick  walls  shall  be  cleaned,  repaired,  and  re- 
pointed  as  required.  Brick  walls  shall  be  either  preserved 
in  their  natural  color  or  painted  a  color  compatible  with 
the  colors  of  the  neighboring  structures. 

(4)  All  natural  stone  walls  shall  be  cleaned,  repaired, 
and  pointed. 

(5)  Ai  ALL  stucco  surfaces  shall  be  cleaned  and  re- 
paired. New  stucco  surfaces  shall  have  a  sand  texture.  All 
stucco  surfaces  shall  be  in  a  color  compatible  with  the 
colors  of  the  neighboring  structures. 

(6)  No  new  formstone  finishes  shall  be  permitted.  All 
defective  formstone  finishes  shall  be  removed  and  the  brick 
walls  behind  them  restored.  Walls  now  covered  with  form- 
stone that  is  not  defective  shall  be  permitted  until  such 
time  as  it  becomes  defective. 

(7)  All  rotten,  broken  or  deteriorated  wood  siding  shall 
be  replaced.  Existing  material  in  sound  condition  and  per- 
missible under  the  Baltimore  City  Building  Code  shall  be 
cleaned,  stripped,  and  painted.  All  wood  siding  shall  be 
designed  to  be  compatible  with  the  design  of  the  building 
and  the  neighborhood. 

(8)  Existing  metal  siding  which  is  undamaged,  struc- 
turally sound,  and  permissible  under  the  Baltimore  City 
Building  Code  may  be  retained.  All  other  metal  siding 
shall  be  removed  and  replaced  with  a  permissible  material 


200  ORDINANCES  Ord.  No.  686 

compatible  with  the  design  of  the  buildings  and  the  neigh- 
borhood. All  metal  siding  that  remains  shall  be  kept  clean, 
in  a  good  state  of  repair,  and  in  a  color  compatible  with 
the  colors  of  the  neighboring  structures. 

c.     Architectural  Details 

(1)  Cornices — Where  cornices  exist,  they  shall  be  re- 
stored to  their  original  design.  The  removal  of  cornice  work, 
without  prompt  replacement  of  similar  design,  will  not  be 
permitted.  New  cornices  shall  be  compatible  with  the  design 
of  the  building. 

(2)  Windows — All  of  the  windows  in  a  single  facade 
shall  be  of  matching  design.  All  window  openings  shall  be 
retained.  Filling  in  these  openings  at  the  top,  bottom  or 
sides  is  not  permitted.  The  following  additional  require- 
ments shall  apply  for  all  new  windows: 

(a)  All  windows  shall  have  wood  frames,  sash  and  mul- 
lions  or  appearance  of  the  same.  Vinyl  clad  wood  or  metal 
or  other  weather  resistant  materials  may  be  used  provided 
that  they  are  kept  painted  or  have  an  acceptable  integral 
color. 

(b)  All  windows  shall  be  kept  in  good  repair  and  prop- 
erly painted. 

(c)  Ornamental  window  grills  GRILLES  and  balconetts 
may  be  incorporated  as  a  decorative  or  security  device. 

(d)  The  lintels  over  windows  shall  be  preserved  or 
restored.  Rotten  wood  lintels  shall  be  replaced  with  con- 
cealed steel  lintels.  Brick  archwork  and  stone  lintels  shall 
be  restored. 

(e)  Window  sills  shall  be  preserved,  replaced  and  re- 
stored to  match  the  original  design  of  the  building. 

(f)  Boarding  up  or  filling  in  windows  on  the  front 
facade  is  not  permitted. 

(g)  Windows  facing  alleys,  yards,  or  side  streets  may 
be  filled  in  FILLED  IN  provided  that  the  finished  appear- 
ance is  of  windows  behind  closed  shutters.  The  shutters 
shall  be  compatible  with  the  design  of  the  building  and  of 
the  neighboring  structures. 


ORDINANCES  201 

(3)  Doorways  and  Entrances — In  cases  where  there  are 
doorways  to  buildings  that  are  not  incorporated  in  the 
storefront,  the  character  of  the  original  doorway  shall  be 
preserved.  Where  possible,  the  original  style  of  these 
doorways,  including  solid,  panelled,  wood  doors,  wood 
frames,  brick  or  stone  sills,  transoms,  and  glazed  sidelights, 
shall  be  incorporated  into  the  design  of  the  remodelled  shop- 
front.  The  following  additional  requirements  shall  apply 
to  all  doorways  and  entrances : 

(a)  Storm  and  screen  doors  shall  be  compatible  with 
entrance  doors. 

(b)  Hardware  visible  from  the  outside  shall  be  in 
character  with  the  original  hardware.  Closers,  hasps,  and 
locks,  mounted  on  the  exterior  surface  of  doors,  are  not 
permitted. 

(c)  Any  grills,  GRILLES,  bars  and  grates  covering 
doors  or  windows  shall  be  designed  to  be  compatible  with 
the  design  of  the  building  and  of  the  neighboring  structures. 

(d)  Doorways  shall  be  designed  with  consideration  for 
the  needs  of  the  handicapped  and  the  elderly. 

(e)  Where  steps  or  stoops  are  required  at  a  doorway  or 
entrance  they  shall  be  designed  to  match  the  original  de- 
sign. In  cases  where  there  are  more  than  two  risers,  the 
steps  or  stoops  shall  be  provided  with  a  railing  of  com- 
patible design. 

(4)  Shop  fronts — The  following  requirements  shall  be 
applied  to  all  shopfronts: 

(a)  All  extraneous  and  unused  hardware,  signing  and 
equipment  shall  be  removed. 

(b)  All  broken,  rotten  or  damaged  elements  shall  be 
removed  and  replaced  with  elements  that  are  harmonious 
with  the  design  of  the  building  and  with  the  neighborhood. 

(c)  "Cararra  Glass"  and  ribbed  or  patterned  metal  are 
not  permitted  as  acceptable  replacement  materials  for 
shopfronts. 

(d)  At  such  time  as  sign  panels  covering  or  replacing 
shop  cornices  are  removed  or  deemed  to  need  replacement 
they  shall  be  taken  down  and  the  cornice  restored. 


202  ORDINANCES  Ord.  No.  686 

(e)  New  storefronts  that  project  beyond  the  original 
front  lines  of  the  stores  are  not  permitted. 

(f)  Awnings  are  permitted  provided  that  they  are  con- 
structed of  soft,  flame  retardant  material  and  are  able  to 
be  retracted  to  the  face  of  the  building  when  not  in  use. 
The  awnings  and  the  housing  into  which  they  are  retracted 
shall  be  designed  to  be  compatible  with  the  design  of  the 
building  and  with  the  neighborhood. 

(g)  Grates,  bars,  and  grills  GRILLES  shall  be  designed 
so  as  to  be  AS  inconspicuous  as  possible.  They  shall  be  kept 
painted  and  free  of  rust.  In  all  cases  they  shall  be  kept  open 
during  the  normal  daylight  business  hours  of  the  commun- 
ity. Non-metal  grills  GRILLES  and  screens  shall  be  pro- 
hibited. Enclosures  and  housings  for  security  grills 
GRILLES  and  screens  shall  be  as  inconspicuous  as  possible 
and  shall  be  compatible  with  the  design  of  the  shopfront. 

(h)  Solid  or  permanently  enclosed  or  covered  shopfronts 
shall  not  be  permitted.  Where  the  window  treatment  of  the 
first  floor  is  to  be  modified,  such  that  the  window  openings 
will  be  made  smaller,  these  new  openings  will  not  be  small 
SMALLER  in  size  than  the  openings  of  the  second  or  third 
floor  windows  of  the  subject  structure.  These  new  windows 
shall  be  chosen  to  be  in  character  with  the  upper  windows 
in  the  structure. 

(i)  All  elements  of  the  fronts  of  shops  shall  be  har- 
monious and  of  integral  design.  The  practice  of  "patching" 
or  layering  materials  one  on  top  of  the  other  is  not  per- 
mitted. Damaged  parts  shall  be  replaced  so  as  to  be  unde- 
tectable as  a  replacement  part. 

(j)  Stoops,  recessed  entrances  and  doorways  shall  be 
designed  where  possible  to  eliminate  steps  and  thresholds 
that  may  prove  difficult  for  the  handicapped  or  the  elderly. 

(5)  Signs  and  Exterior  Lighting — The  following  re- 
quirements shall  be  applied  to  all  shopfronts: 

(a)  No  signs  other  than  those  identifying  the  property 
where  they  are  installed  or  identifying  the  business  con- 
ducted within  shall  be  permitted.  Advertising  by  material 
or  product  manufacturers  shall  not  be  permitted  except 
as  the  primary  identification  of  the  establishment. 


ORDINANCES  203 

(b)  Rooftop  signs,  above  the  parapet  of  the  building, 
billboards  or  outdoor  advertising  signs  painted  or  mounted 
on  the  buildings  shall  not  be  permitted. 

(c)  Flashing  or  moving  signs  other  than  barber  poles 
shall  not  be  permitted. 

(d)  No  lease  for  billboard  signs  expiring  after  the  date 
of  enactment  of  Amendment  No.  7  to  this  Plan  may  be 
renewed. 

(e)  All  non-conforming  signs  on  building  fronts  shall 
be  removed  at  the  time  rehabilitation  work  is  undertaken. 
All  other  signs  must  be  removed  within  twelve  months  after 
the  passage  of  the  ordinance  approving  Amendment  No.  7 
to  this  Plan. 

(f)  When  the  rehabilitation  work  is  undertaken  on 
building  fronts,  all  new  flat  signs  will  be  erected  parallel 
to  the  face  of  building  and  shall  be  incorporated  in  the 
design  of  the  shopfront.  If  the  shopfront  design  includes  a 
cornice,  the  sign  shall  be  incorporated  in  the  cornice  de- 
sign or  shall  be  placed  in  the  shop  window.  If  a  shopfront 
cornice  is  not  used,  the  sign  shall  be  placed  either  in  the 
shop  window  or  on  the  portion  of  the  building  facade  above 
the  shop  window  and  below  the  sill  of  the  second  floor 
windows. 

(g)  Signs  may  be  printed  on  the  inside  surface  of  the 
shopfronts  but  must  be  designed  to  be  compatible  with  the 
design  of  the  entire  facade.  Signs  painted  on  the  facade  or 
on  the  inside  glass  should  be  limited  to  lettering  no  greater 
than  6"  in  height.  When  these  signs  are  the  only  identifying 
sign  for  the  property,  they  can  use  12"  lettering.  These  signs 
shall  not  exceed  20%  of  the  area  of  the  shopfront  window. 

(h)  Signs  may  be  a  maximum  of  36"  high  and  project 
not  more  than  12"  from  the  outside  face  of  the  exterior 
wall.  All  signs  shall  be  designed  to  be  harmonious  with  the 
design  of  the  building  facade  and  the  neighboring  struc- 
tures. 

(i)  Sign  lettering  shall  be  constructed  of  materials 
compatible  with  the  character  of  the  building. 

(j)  No  future  signs  will  be  permitted  to  be  mounted 
at  right  angles  to  the  face  of  the  buildings. 


204  ORDINANCES  Ord.  No.  686 

(k)  Secondary  signs  shall  be  permitted  for  the  identi- 
fication of  commercial  tenants  occupying  the  upper  floors 
of  a  building.  Such  signs  shall  not  project  more  than  one 
inch  beyond  the  face  of  the  building  and  shall  not  be 
greater  than  three  square  feet  in  size.  These  signs  shall  be 
designed  to  be  harmonious  with  the  facade  of  the  building 
and  shall  be  placed  no  higher  than  the  sill  of  the  second 
story  window. 

(1)  Signs  may  be  incorporated  in  the  design  of  any 
awning  included  in  the  design  of  a  shopfront  provided  such 
signs  are  compatible  with  both  the  design  of  the  building 
and  the  awning. 

(m)  Exterior  lighting  shall  be  limited  to  lighting  fix- 
tures designed  to  be  in  harmony  with  the  character  of 
the  buildings  and  the  street.  Such  fixtures  shall  be  mounted 
in  the  entrance  ways  and  on  the  front  facade  of  the  build- 
ing. Flood  lighting  concealed  above  a  shopfront  cornice 
may  be  used  to  light  the  facades  of  buildings. 

(n)  Lighting  of  the  facades  of  the  buildings  may  be 
accomplished  with  projecting  fixtures  at  the  roofline  or 
at  the  shopfront  cornice  line.  Such  fixtures  shall  be  incon- 
spicuous, harmonious  with  the  design  of  the  building  and 
project  no  more  than  24"  from  the  face  of  the  building. 

(o)  "Temporary  signs"  may  be  displayed  within  shop- 
front  windows  provided  that  these  signs  are  not  larger 
than  one-third  the  square  footage  area  of  the  window  in 
which  they  are  displayed  and  are  on  display  not  more  than 
thirty  consecutive  days. 

(p)  No  private  sign  shall  be  permitted  except  as  allowed 
in  these  guidelines  or  as  otherwise  authorized  by  the  Depart- 
ment of  Housing  and  Community  Development. 

(q)  Electrical  elements  such  as  wires,  conduits,  junction 
boxes,  transformers,  ballasts,  switches,  and  panel  boxes 
shall  be  concealed  from  view. 

(6)  Color  Schemes — All  colors  and  color  schemes  used 
in  the  project  area  shall  be  harmonious  with  the  designs  of 
the  buildings  in  the  block  face. 

(7)  Auxiliary  Structures — Structures  at  the  rears  of 
buildings  attached  or  unattached  to  the  principal  commer- 
cial structure  which  are  found  by  the  Commissioner  of  the 


ORDINANCES  205 

Department  of  Housing  and  Community  Development  to  be 
structurally  difieuont*  DEFICIENT,  shall  be  properly  re- 
paired or  demolished. 

(8)  Rear  Yards — Where  a  rear  yard  exists  or  is  created 
through  the  demolition  of  structures,  the  owner  shall  con- 
dition the  open  area  in  one  of  the  following  ways  as  out- 
lined below.  The  owner  shall  submit  his  proposal  for  use 
of  space  to  the  Commissioner  of  the  Department  of  Housing 
and  Community  Development  for  approval. 

(a)  Enclosure  of  Yards 

A  rear  yard  shall  be  enclosed  along  the  side  and  rear 
property  lines  by  a  masonry  wall  at  least  five  feet  six  inches 
in  height  consistent  and  harmonious  with  the  rear  walls  of 
the  building  and  solid  doors  or  solid  gates  for  access  and 
delivery  SHALL  BE  PROVIDED  to  the  extent  necessary. 
Use  of  barbed  wire  or  broken  glass  on  top  of  walls  shall 
not  be  permitted. 

(b)  Provisions  of  Parking  Area 

An  unenclosed  rear  yard  may  be  used  as  a  parking  or 
loading  area  providing  that  it  is  properly  paved,  illuminated, 
and  maintained.  A  sign  not  exceeding  six  (6)  square  feet 
may  be  used  to  identify  and  control  parking  and  loading. 
Merchants  shall  be  responsible  for  the  maintenance  of  park- 
ing €H=ea  AREAS  in  a  neat  and  clean  manner.  No  storage  of 
trash  containers  shall  be  allowed  in  this  area  except  when 
housed  in  permanent  structures  of  acceptable  design.  The 
parking  area  may  terminate  at  the  rear  of  the  building, 
or  at  an  enclosed  rear  yard  conforming  with  the  provisions 
of  (h)  i.  above. 

(9)  Refuse  Storage 

All  outdoor  refuse  storage  areas  shall  be  screened  from 
the  view  of  adjacent  properties  and  public  rights-of-way. 
Screening  shall  consist  of  a  masonry  wall  or  durable  fence, 
or  a  combination  thereof,  not  less  than  four  feet  nor  more 
than  eight  feet  in  height.  In  lieu  of  such  wall  or  fence,  a 
compact  evergreen  hedge  of  not  less  than  four  feet  in  height 
at  the  time  of  original  planting  may  be  used. 

(10)  Off -Street  Loading 

Where  possible  non-residential  establishments  shall  have 
off-street  loading  and  unloading  areas. 


206  ORDINANCES  Ord.  No.  686 

(11)  Off -Street  Parking 

All  parking  areas  shall  be  effectively  screened  from  ad- 
joining residential  areas  and  shall  have  adequate  landscap- 
ing and  screening  on  property  lines  adjacent  to  public 
sidewalks. 

(12)  Compliance 

No  alteration  or  improvement  work  shall  be  undertaken 
after  enactment  of  the  ordinance  approving  Amendment 
No.  7  to  the  Plan  which  4o  DOES  not  conform  with  the 
requirements  herein. 

Nothing  herein  shall  be  construed  to  permit  any  sign, 
construction,  alteration,  change,  repair,  use  or  any  other 
matter  otherwise  forbidden  or  restricted  or  controlled  by 
any  other  public  law. 

The  work  necessary  to  meet  the  requirements  herein 
shall  be  undertaken  WITHIN  two  years  from  the  date  of 
enactment  of  the  ordinance  approving  Amendment  No.  7 
to  the  Plan  and  shall  be  completed  promptly  in  accordance 
with  notice  from  the  Commissioner  of  the  Department  of 
Housing  and  Community  Development. 

4.    Review  of  Rehabilitation  Plans 

(1)  Designs  for  all  building  improvements,  parking 
areas,  modifications,  rehabilitation  or  painting  concerning 
the  exterior  of  the  existing  buildings,  their  yards  or 
their  show  windows,  and  for  all  signs,  shall  be  sub- 
mitted to  the  Commissioner  of  the  Department  of  Hous- 
ing and  Community  Development  and  written  approval  by 
the  Department  shall  be  required  before  proceeding  with 
the  work. 

(2)  The  Commissioner  of  the  Department  of  Housing 
and  Community  Development  shall  be  concerned  with  all 
aspects  of  the  designs  affecting  exterior  appearance  and  in 
particular  with  the  following: 

— Design  of  show  windows  and  entrance  area,  including 
choice  of  materials  and  types  of  security  devices; 

— Design  of  signs,  methods  of  illumination,  colors,  ma- 
terials, methods  of  suspension; 


ORDINANCES  207 

— Conditioning  of  rear  yard  spaces,  location  of  delivery 
signs; 

— Design  of  awnings  and  canopies ; 

— Refuse  collection  details; 

— All  other  exterior  materials  and  colors ; 

— Landscape  materials  and  design. 

The  Commissioner's  review  shall  be  guided  by  the  prop- 
erty rehabilitation  objectives  and  the  property  rehabilita- 
tion standards. 

SEC.  5.  And  be  it  further  ordained,  That  any  person  vio- 
lating any  of  the  provisions  of  Section  4  of  this  ordinance 
shall  be  guilty  of  a  misdemeanor  and  shall  be  subject  to 
a  fine  not  exceeding  One  Hundred  Dollars  ($100.00)  and 
that  each  day's  violation  shall  constitute  a  separate  offense. 

Sec.  6.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the 
Board  of  Estimates,  in  the  exercise  of  the  power  vested  in 
it  by  Article  V,  Section  5,  of  the  Baltimore  City  Charter, 
may  hereafter  from  time  to  time  designate,  is  or  are  au- 
thorized to  acquire  on  behalf  of  the  Mayor  and  City  Council 
of  Baltimore  and  for  the  purposes  described  in  this  ordi- 
nance, the  fee  simple  interest  or  any  lesser  interest  in  and 
to  the  properties  or  portions  thereof  hereinabove  mentioned. 
If  the  said  Real  Estate  Acquisition  Division  of  the  Depart- 
ment of  the  Comptroller,  or  such  person  or  persons,  and 
in  such  manner  as  the  Board  of  Estimates  in  the  exercise 
of  the  power  vested  in  it  by  Article  V,  Section  5,  of  the 
Baltimore  City  Charter,  may  hereafter  from  time  to  time 
designate,  is  or  are  unable  to  agree  with  the  owner  or 
owners  on  the  purchase  price  for  said  properties  or  por- 
tions thereof,  it  or  they  shall  forthwith  notify  the  City 
Solicitor  of  Baltimore  City,  who  shall  thereupon  institute 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore 
the  necessary  legal  proceedings  to  acquire  by  condemnation 
the  fee  simple  interest  or  any  lesser  interest  in  and  to  said 
properties  or  portions  thereof. 


208  ORDINANCES  Ord.  No.  686 

Sec.  7.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  the  Orchard-Biddle  may  not  meet  the  requirements  as 
to  the  content  of  a  renewal  plan  or  the  procedures  for  the 
preparation,  adoption,  and  approval  of  renewal  plans,  as 
provided  in  Ordinance  No.  152,  approved  June  28,  1968, 
and  amended  by  Ordinance  No.  325,  approved  May  31, 
1977,  the  said  requirements  are  hereby  waived  and  the 
amended  Renewal  Plan  approved  hereby  is  exempted  there- 
from. 

Sec.  8.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  appli- 
cation thereof  so  held  invalid. 

Sec.  9.  And  be  it  further  ordained,  That  in  any  case  where 
a  provision  of  this  ordinance  concerns  the  same  subject 
matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or 
code  or  regulation,  the  applicable  provisions  concerned  shall 
be  construed  so  as  to  give  effect  to  each ;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  standard 
for  the  promotion  of  the  public  health  and  safety  shall 
prevail.  In  any  case  where  a  provision  of  this  ordinance  is 
found  to  be  in  conflict  with  an  existing  provision  of  any 
other  ordinance  or  code  or  regulation  in  force  in  the  City 
of  Baltimore  which  establishes  a  lower  standard  for  the 
promotion  and  protection  of  the  public  health  and  safety, 
the  provision  of  this  ordinance  shall  prevail,  and  the  other 
existing  provision  of  such  other  ordinance  or  code  or 
regulation  is  hereby  repealed  to  the  extent  that  it  may  be 
found  in  conflict  with  this  ordinance. 


ORDINANCES  209 

Sec.  10.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  27,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  687 
(Council  No.  1403) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Fifty  throo  thousand 
Forty  nine  Dollars  ($53,019)  FIFTY-EIGHT  THOU- 
SAND EIGHT  HUNDRED  AND  THIRTY-FIVE  DOL- 
LARS ($58,835)  to  the  Baltimore  City  Health  Depart- 
ment to  be  used  for  additional  Psychiatric  Day  Center 
Services  in  accordance  with  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  Baltimore  City  Charter  (1964 
Revision) . 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  formulation  of  the 
proposed  Ordinance  of  Estimates  for  the  1978  fiscal  year, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision); 
and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  mooting  e£  sa44  Board  he44  e»  the  14th  4ay 
e£  Docombor,  49W?  MEETINGS  OF  SAID  BOARD  HELD 
ON  THE  14TH  DAY  OF  DECEMBER,  1977  AND  ON 
THE  8TH  DAY  OF  MARCH,  1978,  all  in  accordance  with 
Article  VI,  Section  2(h)(2)   of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City  the  sum  of  Fifty  throo  Thousand  Forty  nino 


210  ORDINANCES  Ord.  No.  688 

Dollars  ($53,049)  FIFTY-EIGHT  THOUSAND  EIGHT 
HUNDRED  AND  THIRTY-FIVE  DOLLARS  ($58,835) 
shall  be  made  available  to  the  Baltimore  City  Health 
Department  as  a  supplementary  general  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  additional  Psychiatric  Day  Center  Services. 
The  amount  thus  made  available  as  a  supplementary  general 
fund  appropriation  shall  be  expended  from  a  grant  of  funds 
to  the  Mayor  and  City  Council  of  Baltimore  by  the  State 
Department  of  Health  and  Mental  Hygiene  in  excess  of 
the  amount  from  this  source  which  was  estimated  or  relied 
upon  by  the  Board  of  Estimates  in  determining  the  tax 
levy  required  to  balance  the  budget  for  the  1978  fiscal  year ; 
and  said  funds  shall  be  the  source  of  revenue  for  this  sup- 
plementary general  fund  appropriation,  as  required  by 
Article  VI,  Section  2  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  27,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  688 
(Council  No.  1443) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-five  Million  Dol- 
lars ($25,000,000)  to  the  Mayor's  Office  of  Manpower 
Resources  to  be  used  for  a  Youth  Incentive  Entitlement 
Pilot  Project,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected  with 
reasonable  certainty  at  the  time  of  the  formulation  of  the 
1977-19  '8  Ordinance  of  Estimates;  and 


ORDINANCES  211 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
1st  day  of  February,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of  Balti- 
more City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twenty-five  Million  Dollars 
($25,000,000)  shall  be  made  available  to  the  Mayor's  Office 
of  Manpower  Resources  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  a  Youth  Incentive 
Entitlement  Pilot  Project.  The  amount  thus  made  avail- 
able as  a  supplementary  special  fund  appropriation  shall 
be  expended  from  a  grant  of  funds  to  the  Mayor  and  City 
Council  of  Baltimore  by  the  United  States  Department  of 
Labor  under  the  Youth  Employment  and  Demonstration 
Projects  Act  of  1977  (CETA  Title  III),  said  sum  being 
specifically  allotted  to  the  Mayor  and  City  Council  of  Balti- 
more for  the  aforesaid  purpose;  and  said  fund  from  said 
United  States  Department  of  Labor  under  the  Youth  Em- 
ployment and  Demonstration  Projects  Act  of  1977  (CETA 
Title  III)  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  March  27,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


212  ORDINANCES  Ord.  No.  689 

No.  689 
(Council  No.  1049) 

An  Ordinance  to  amend  Sheets  46  and  47  of  the  Zoning 
District  Map  of  Article  30  of  the  Baltimore  City  Code 
(1966  Edition),  title  "Zoning",  (Ordinance  No.  1051, 
approved  April  20,  1971)  by  changing  from  the  R-8  to 
the  B-2-2  Zoning  District  a  rectangular  strip  of  land 
between  Caroline  and  Bond  Streets,  approximately  115 
feet  south  of  Eager  Street,  which  is  a  portion  of  Dis- 
position Lot  13  in  the  Gay  Street  I  Urban  Renewal 
Project. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  46  and  47  of  the  Zoning  District 
Map  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning",  (Ordinance  No.  1051,  approved 
April  20,  1971)  be  and  they  are  hereby  amended  by  chang- 
ing from  the  R-8  to  the  B-2-2  Zoning  District  a  rectangular 
strip  of  land  between  Caroline  and  Bond  Streets,  approxi- 
mately 115  feet  south  of  Eager  Street  as  outlined  in  red 
on  the  plat  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  of  the  Departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat.  The  City  Treasurer  shall  then  transmit 
a  copy  of  the  ordinance  and  one  of  the  plats  to  the  follow- 
ing: The  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development,  and  the 
Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  213 

No.  690 
(Council  No.  1206) 

An  Ordinance  to  approve  the  application  of  Ralph  DeChiaro 
Enterprises,  Inc.  and  Ralph  DeChiaro  and  Dorothy  De- 
Chiaro to  amend  Ordinance  No.  417,  approved  July  11, 
1973,  and  thereby  amend  the  Residential  Planned  De- 
velopment of  part  of  the  property  located  on  the  south 
side  of  Fallstaff  Road,  north  and  east  of  Bartol  Avenue, 
north  and  south  of  Benhurst  Road,  and  east  of  Clarks 
Lane,  and  the  Development  Plan  as  approved  by  said 
Ordinance  No.  417. 

Whereas,  by  Ordinance  No.  417  approved  July  11,  1973, 
the  application  of  Carl  M.  Freeman  Associates,  Inc.  and 
Ralph  DeChiaro  Enterprises,  Inc.  to  have  the  property 
located  on  the  south  side  of  Fallstaff  Road,  north  and  east 
of  Bartol  Avenue,  north  and  south  of  Benhurst  Road,  and 
east  of  Clarks  Lane,  as  outlined  in  red  on  the  Plats  accom- 
panying that  ordinance,  designated  a  Residential  Planned 
Development  in  accordance  with  Section  12.0-1  and  12.0-2  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition),  as 
amended  by  Ordinance  No.  1051,  approved  April  20,  1971; 
and  the  Development  Plan  submitted  by  the  said  Carl  M. 
Freeman  Associates,  Inc.  and  Ralph  DeChiaro  Enterprises, 
Inc.,  were  approved,  subject  to  certain  conditions;  and 

Whereas,  that  part  of  the  property  which  was  the  sub- 
ject of  Ordinance  No.  417  aforesaid  that  had  been  owned 
solely  by  Ralph  DeChiaro  Enterprises,  Inc.  (sometimes 
known  and  referred  to  as  Benhurst  Park)  is  now  owned 
partly  by  the  said  Ralph  DeChiaro  Enterprises,  Inc.  and 
by  Ralph  DeChiaro  and  Dorothy  DeChiaro,  individually; 
and 

Whereas,  that  part  of  the  property  which  was  subject  to 
Ordinance  No.  417  aforesaid  that  was  owned  by  Carl  M. 
Freeman  Associates,  Inc.  (sometimes  known  and  referred 
to  as  Heather  Ridge)  is  now  owned  partly  by  Heather  Ridge 
Joint  Venture- A,  a  Maryland  general  partnership,  and 
Heather  Ridge  Joint  Venture-B,  a  Maryland  limited  part- 
nership; and 

Whereas,  the  said  Ralph  DeChiaro  Enterprises,  Inc.  and 
Ralph  DeChiaro  and  Dorothy  DeChiaro  wish  to  amend  the 


214  ORDINANCES  Ord.  No.  690 

Development  Plan  approved  by  Ordinance  No.  417  afore- 
said, as  it  relates  to  Benhurst  Park  only,  as  hereinafter  set 
forth;  and 

Whereas,  on  September  1,  1977  representatives  of  Ralph 
DeChiaro  Enterprises,  Inc.  and  Ralph  DeChiaro  and  Dor- 
othy DeChiaro  met  with  the  Director  of  Planning,  the 
designated  officer  of  the  Baltimore  City  Planning  Com- 
mission to  hold  a  pre-petition  conference  to  explain  scope 
and  nature  of  the  proposed  amendment  to  the  Development 
Plan;  and 

Whereas,  the  Development  Plan  amendment  submitted 
reflects : 

A.  Compliance  with  the  City  Council  conditions  of  ap- 
proval of  said  Ordinance  No.  417; 

B.  Attention  to  present  market  conditions  by  amending 
the  Plan  to  permit  construction  of  160  detached  and  semi- 
detached and  attached  (townhouse)  single  family  homes 
in  Benhurst  Park; 

C.  Variances  from  front,  rear  and  side  yard  require- 
ments for  the  "zero  lot  line"  detached  and  semi-detached 
single  family  homes,  and  attached  single  family  homes,  and 
to  allow  parking  in  a  required  front  yard;  and 

Whereas,  it  is  desired  to  acknowledge  the  development 
control  flexibility  and  superior  design  potential  inherent  in 
the  planned  development  ordinance  approach,  as  evidenced 
by  bestowal  of  national  design  award  recognition  to  the 
first  construction  phase  of  Benhurst  Park/Heather  Ridge; 
and 

Whereas,  Ralph  DeChiaro  Enterprises,  Inc.  and  Ralph 
DeChiaro  and  Dorothy  DeChiaro  individually,  hereby  make 
formal  application  to  the  Baltimore  City  Council  and  sub- 
mit requisite  amended  development  plans  to  include  those 
requirements  specified  in  Section  12.0-1  and  12.0-2  of  Article 
30  of  the  Baltimore  City  Code  (1966  Edition)  as  amended 
by  Ordinance  No.  1051,  approved  April  20, 1971. 

Now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Development  Plan  sub- 


ORDINANCES  215 

mitted  by  Ralph  DeChiaro  Enterprises,  Inc.  and  Ralph 
DeChiaro  and  Dorothy  DeChiaro  individually,  attached 
hereto  and  made  a  part  hereof,  to  amend  the  Development 
Plan  approved  by  Ordinance  No.  417,  approved  July  11, 
1973,  aforesaid  be  and  it  is  hereby  approved. 

Sec.  2.  And  be  it  further  ordained,  That  the  conditions  for 
approval  of  Ordinance  No.  417  shall  remain  unchanged. 

Sec.  3.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plans  which  are  a  part  hereof  and  in  order 
to  give  notice  to  the  Departments  which  are  administering 
the  zoning  ordinance  AND  THE  BUILDING  CODE,  the 
President  of  the  City  Council  shall  sign  the  plans,  and  when 
the  Mayor  approves  the  ordinance,  he  shall  sign  the  plans. 
The  City  Treasurer  shall  then  transmit  a  copy  of  the  ordi- 
nance and  one  set  of  plans  to  the  Board  of  Municipal  and 
Zoning  Appeals,  the  Planning  Commission,  a»4  the  Zoning 
Administrator  ,  AND  THE  DIVISION  OF  CONSTRUC- 
TION AND  BUILDINGS  INSPECTION. 

Sec.  4.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  30  days  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  691 
(Council  No.  1219) 

An  Ordinance  to  condemn  and  open,  an  alley,  varying  in 
width,  from  9  feet  to  10  feet  located  in  the  rear  of  prop- 
erties known  as  Nos.  1200  through  1226-1228  N.  Charles 
Street,  extending  from  Biddle  Street,  Northerly  to  Pres- 
ton Street  and  lying  within  the  area  of  the  Mid-Town 
Belvedere  Project  in  accordance  with  a  plat  thereof  num- 
bered, 334-A-2,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of  Pub- 


216  ORDINANCES  Ord.  No.  691 

lie  Works,  on  the  Twenty-first  (21st)  day  of  September, 
1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open, 
an  alley,  varying  in  width,  from  9  feet  to  10  feet  located  in 
the  rear  of  properties  known  as  Nos.  1200  through  1226- 
1228  N.  Charles  Street,  extending  from  Biddle  Street, 
Northerly  to  Preston  Street  and  lying  within  the  area  of  the 
Mid-Town  Belvedere  Project  the  alley  hereby  directed  to  be 
condemned  for  said  opening  being  described  as  follows  : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  south  side  of  Preston  Street,  as  now  laid  out 
66  feet  wide  and  the  east  side  of  a  10  foot  alley  laid  out  110 
feet  west  from  the  west  side  of  N.  Charles  Street,  as  now 
laid  out  66  feet  wide  and  running  thence  binding  on  the 
east  side  of  said  10  foot  alley,  Southerly  173  feet,  more  or 
less,  to  the  north  side  of  a  9  foot  alley  laid  out  109  feet 
west  from  the  west  side  of  said  N.  Charles  Street;  thence 
binding  on  the  north  side  of  said  9  foot  alley,  Easterly  1 
foot,  to  the  east  side  of  said  9  foot  alley;  thence  binding  on 
the  east  side  of  said  9  foot  alley,  Southerly  149  feet,  more 
or  less,  to  intersect  the  north  side  of  Biddle  Street,  as  now 
laid  out  66  feet  wide;  thence  binding  on  the  north  side  of 
said  Biddle  Street,  Westerly  9  feet  to  intersect  the  west  side 
of  said  9  foot  alley;  thence  binding  on  the  west  side  of  said 
9  foot  alley,  Northerly  150  feet,  more  or  less,  to  the  south 
side  of  the  10  foot  alley  mentioned  firstly  herein;  thence 
binding  on  the  south  side  of  said  10  foot  alley,  Westerly 
2  feet,  to  the  west  side  of  said  10  foot  alley;  thence  binding 
on  the  west  side  of  said  10  foot  alley,  Northerly  173  feet, 
more  or  less,  to  intersect  the  south  side  of  said  Preston 
Street  and  thence  binding  on  the  south  side  of  said  Preston 
Street  Easterly  10  feet  to  the  place  of  beginning. 

the  said  alley  varying  in  width  from  9  feet  to  10  feet  as  di- 
rected to  be  condemned  being  more  particularly  described 
and  referred  to  among  the  Land  Records  of  Baltimore  City 
and  delineated  and  particularly  shown  on  a  plat  numbered 
334-A-2  which  was  filed  in  the  Office  of  the  Department  of 
Public  Works  on  the  Twenty-first  (21st)  day  of  September 
in  the  year  1977,  and  now  on  file  in  said  Office. 


ORDINANCES  217 

SEC.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  alley  varying  in  width 
from  9  feet  to  10  feet  and  the  proceedings  and  rights  of  all 
parties  interested  or  affected  thereby,  shall  be  regulated  by, 
and  be  in  accordance  with,  any  and  all  applicable  provisions 
of  Article  4  of  the  Code  of  Public  Local  Laws  of  Maryland 
and  the  Charter  of  Baltimore  City  (1964  Revision)  as 
amended  to  July  1,  1973  and  any  and  all  amendments 
thereto,  and  any  and  all  other  Acts  of  the  General  Assembly 
of  Maryland,  and  any  and  all  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore,  and  any  and  all  rules  or  regula- 
tions in  effect  which  have  been  adopted  by  the  Director  of 
Public  Works  and  filed  with  the  Department  of  Legislative 
Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  692 
(Council  No.  1220) 

An  Ordinance  to  condemn  and  close  an  alley,  varying  in 
width,  from  9  feet  to  10  feet  located  in  the  rear  of  the 
properties  known  as  Nos.  1200  through  1226-1228  N. 
Charles  Street,  extending  from  Biddle  Street,  Northerly 
to  Preston  Street  and  lying  within  the  area  of  the  Mid- 
Town  Belvedere  Project  in  accordance  with  a  plat  thereof 
numbered  334-A-2A,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of  Public 
Works,  on  the  Twenty-first  (21st)  day  of  September, 
1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 


218  ORDINANCES  Ord.  No.  692 

close  an  alley,  varying  in  width  from  9  feet  to  10  feet  located 
in  the  rear  of  the  properties  known  as  Nos.  1200  through 
1226-1228  N.  Charles  Street,  extending  from  Biddle  Street, 
Northerly  to  Preston  Street  and  lying  within  the  area  of  the 
Mid-Town  Belvedere  Project  the  alley  hereby  directed  to  be 
condemned  for  said  closing  being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  south  side  of  Preston  Street,  as  now  laid  out 
66  feet  wide  and  the  east  side  of  a  10  foot  alley  laid  out 
110  feet  west  from  the  west  side  of  N.  Charles  Street,  as 
now  laid  out  66  feet  wide  and  running  thence  binding  on  the 
east  side  of  said  10  foot  alley,  Southerly  173  feet,  more  or 
less,  to  the  north  side  of  a  9  foot  alley  laid  out  109  feet  west 
from  the  west  side  of  said  N.  Charles  Street;  thence  binding 
on  the  north  side  of  said  9  foot  alley,  Easterly  1  foot,  to  the 
east  side  of  said  9  foot  alley;  thence  binding  on  the  east 
side  of  said  9  foot  alley,  Southerly  149  feet,  more  or  less,  to 
intersect  the  north  side  of  Biddle  Street,  as  now  laid  out  66 
feet  wide;  thence  binding  on  the  north  side  of  said  Biddle 
Street,  Westerly  9  feet  to  intersect  the  west  side  of  said  9 
foot  alley;  thence  binding  on  the  west  side  of  said  9  foot 
alley,  Northerly  150  feet,  more  or  less,  to  the  south  side  of 
the  10  foot  alley  mentioned  firstly  herein;  thence  binding  on 
the  south  side  of  said  10  foot  alley,  Westerly  2  feet,  to  the 
west  side  of  said  10  foot  alley;  thence  binding  on  the  west 
side  of  said  10  foot  alley,  Northerly  173  feet,  more  or  less, 
to  intersect  the  south  side  of  said  Preston  Street  and  thence 
binding  on  the  south  side  of  said  Preston  Street,  Easterly  10 
feet  to  the  place  of  beginning. 

the  said  alley  varying  in  width  from  9  feet  to  10  feet  as 
directed  to  be  condemned  being  more  particularly  described 
and  referred  to  among  the  Land  Records  of  Baltimore  City 
and  delineated  and  particularly  shown  on  a  plat  numbered 
334-A-2A  which  was  filed  in  the  Office  of  the  Department  of 
Public  Works  on  the  Twenty-first  (21st)  day  of  September 
in  the  year  1977,  and  is  now  on  file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  ordinance,  all  subsurface  structures  and  appurten- 
ances now  owned  by  the  Mayor  and  City  Council  of  Balti- 
more, shall  be  and  continue  to  be  the  property  of  the  Mayor 


ORDINANCES  219 

and  City  Council  of  Baltimore,  in  fee  simple,  until  the  use 
thereof  shall  be  abandoned  by  the  Mayor  and  City  Council 
of  Baltimore,  and  in  the  event  that  any  person,  firm  or  cor- 
poration shall  desire  to  remove,  alter  or  interfere  therewith, 
such  person,  firm  or  corporation  shall  first  obtain  permis- 
sion and  permits  therefor  from  the  Mayor  and  City  Council 
of  Baltimore,  and  shall  in  the  application  for  such  per- 
mission and  permits  agree  to  pay  all  costs  and  charges  of 
every  kind  and  nature  made  necessary  by  such  removal, 
alteration  or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in  said 
portion  of  said  highway  or  highways  after  the  same  shall 
have  been  closed  under  the  provisions  of  this  ordinance  until 
the  subsurface  structures  and  appurtenances  over  which 
said  buildings  or  structures  are  proposed  to  be  constructed 
or  erected  shall  have  been  abandoned  or  shall  have  been 
removed  and  relaid  in  accordance  with  the  specifications 
and  under  the  direction  of  the  Director  of  Public  Works  of 
Baltimore  City,  and  at  the  expense  of  the  person  or  persons 
or  body  corporate  desiring  to  erect  such  buildings  or  struc- 
tures. Railroad  tracks  shall  be  taken  to  be  "structures" 
within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  on  and  after  the 
closing  of  said  highway  or  highways,  the  said  Mayor  and 
City  Council  of  Baltimore,  acting  through  its  duly  author- 
ized representatives,  shall,  at  all  times,  have  access  to  said 
property  and  to  all  subsurface  structures  and  appurtenances 
used  by  it  therein,  for  the  purposes  of  inspection  main- 
tenance, repair,  alteration,  relocation  and/or  replacement, 
of  any  or  all  of  said  structures  and  appurtenances,  and  this 
without  permission  from  or  compensation  to  the  owner  or 
owners  of  said  land. 

Sec.  5.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  alley  varying  in  width 
from  9  feet  to  10  feet  and  the  proceedings  and  rights  of  all 
parties  interested  or  affected  thereby,  shall  be  regulated  by, 
and  be  in  accordance  with,  any  and  all  applicable  provisions 
of  Article  4  of  the  Code  of  Public  Local  Laws  of  Maryland 


220  ORDINANCES  Ord.  No.  693 

and  the  Charter  of  Baltimore  City  (1964  Revision)  as 
amended  to  July  1,  1973  and  any  and  all  amendments 
thereto,  and  any  and  all  other  Acts  of  the  General  Assembly 
of  Maryland,  and  any  and  all  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore,  and  any  and  all  rules  or  regula- 
tions in  effect  which  have  been  adopted  by  the  Director  of 
Public  Works  and  filed  with  the  Department  of  Legislative 
Reference. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  693 

(Council  No.  1221) 

An  Ordinance  to  condemn  and  open,  a  15  foot  alley  located 
in  the  rear  of  the  properties  known  as  Nos.  3905  through 
3913  Cottage  Avenue,  being  part  of  the  Park  Heights 
Urban  Renewal  Project  in  accordance  with  a  plat  thereof 
numbered,  319-A-28,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of  Public 
Works,  on  the  Twenty-second  (22nd)  day  of  September, 
1977,  and  now  on  file  in  said  office. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open,  a 
15  foot  alley  located  in  the  rear  of  the  properties  known  as 
Nos.  3905  through  3913  Cottage  Avenue,  being  part  of 
the  Park  Heights  Urban  Renewal  Project,  the  alley  hereby 
directed  to  be  condemned  for  said  opening  being  described 
as  follows: 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  southeast  side  of  an  alley,  10  feet  wide,  laid 
out  100  feet  southeast  of  the  southeast  side  of  Shirley 
Avenue,  as  now  laid  out  and  the  southwest  side  of  an  alley, 


ORDINANCES  221 

15  feet  wide,  there  situate,  said  point  of  beginning  also 
being  distant  143.05  feet  northeasterly,  measured  along  the 
southeast  side  of  said  10  foot  alley  from  the  northeast  side  of 
Cottage  Avenue,  as  now  laid  out  50  feet  wide  and  running 
thence  binding  on  the  southeast  side  of  said  10  foot  alley, 
North  61°-55'-17"  East  15.01  feet  to  the  northeast  side  of 
said  15  foot  alley;  thence  binding  on  the  northeast  side  of 
said  15  foot  alley,  South  29°-32'-26"  East  118.56  feet  to  the 
northwest  side  of  an  alley,  10  feet  wide,  there  situate; 
thence  binding  on  the  northwest  side  of  last  said  10  foot 
alley,  South  54°-09'-25"  West  15.09  feet  to  intersect  the 
southwest  side  of  said  15  foot  alley  and  thence  binding  on 
the  southwest  side  of  said  15  foot  alley,  North  29°-32'-26" 
West  120.60  feet  to  the  place  of  beginning. 

the  said  15  foot  alley  as  directed  to  be  condemned  being 
more  particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 
shown  on  a  plat  numbered  319-A-28  which  was  filed  in  the 
Office  of  the  Department  of  Public  Works  on  the  Twenty- 
second  (22nd)  day  of  September  in  the  year  1977,  and  is 
now  on  file  in  said  Office. 

SEC.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  15  foot  alley  and  the  pro- 
ceedings and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code  of 
Public  Local  Laws  of  Maryland  and  the  Charter  of  Balti- 
more City  (1964  Revision)  as  amended  to  July  1,  1973  and 
any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and  all 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore,  and 
any  and  all  rules  or  regulations  in  effect  which  have  been 
adopted  by  the  Director  of  Public  Works  and  filed  with  the 
Department  of  Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


222  ORDINANCES  Ord.  No.  694 

No.  694 
(Council  No.  1222) 

An  Ordinance  to  condemn  and  close  a  15  foot  alley  located 
in  the  rear  of  the  properties  known  as  Nos.  3905  through 
3913  Cottage  Avenue,  being  part  of  the  Park  Heights 
Urban  Renewal  Project,  in  accordance  with  a  plat  thereof 
numbered  319-A-28A,  prepared  by  the  Surveys  and 
Records  Division  and  filed  in  the  Office  of  the  Department 
of  Public  Works,  on  the  Twenty-second  (22nd)  day  of 
September,  1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 
close  a  15  foot  alley  located  in  the  rear  of  the  properties 
known  as  Nos.  3905  through  3913  Cottage  Avenue,  being 
part  of  the  Park  Heights  Urban  Renewal  Project,  the  alley 
hereby  directed  to  be  condemned  for  said  closing  being 
described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  southeast  side  of  an  alley,  10  feet  wide,  laid 
out  100  feet  southeast  of  the  southeast  side  of  Shirley 
Avenue,  as  now  laid  out  and  the  southwest  side  of  an  alley, 
15  feet  wide,  there  situate,  said  point  of  beginning  also  being 
distant  143.05  feet  northeasterly,  measured  along  the  south- 
east side  of  said  10  foot  alley  from  the  northeast  side  of 
Cottage  Avenue,  as  now  laid  out  50  feet  wide  and  running 
thence  binding  on  the  southeast  side  of  said  10  foot  alley, 
North  61°-55'-17"  East  15.01  feet  to  the  northeast  side  of 
said  15  foot  alley;  thence  binding  on  the  northeast  side  of 
said  15  foot  alley,  South  29°-32'-26"  East  118.56  feet  to  the 
northwest  side  of  an  alley,  10  feet  wide,  there  situate; 
thence  binding  on  the  northwest  side  of  last  said  10  foot 
alley,  South  54°-09'-25"  West  15.09  feet  to  intersect  the 
southwest  side  of  said  15  foot  alley  and  thence  binding  on 
the  southwest  side  of  said  15  foot  alley,  North  29°-32'-26" 
West  120.60  feet  to  the  place  of  beginning. 

the  said  15  foot  alley  as  directed  to  be  condemned  being  more 
particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 


ORDINANCES  223 

shown  on  a  plat  numbered  319-A-28A  which  was  filed  in 
the  Office  of  the  Department  of  Public  Works  on  the 
Twenty-second  (22nd)  day  of  September,  in  the  year  1977 
and  is  now  on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said 
highway  or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  Ordinance,  all  subsurface  structures  and  appur- 
tenances now  owned  by  the  Mayor  and  City  Council  of  Bal- 
timore, shall  be  and  continue  to  be  the  property  of  the  Mayor 
and  City  Council  of  Baltimore,  in  fee  simple,  until  the  use 
thereof  shall  be  abandoned  by  the  Mayor  and  City  Council 
of  Baltimore,  and  in  the  event  that  any  person,  firm  or 
corporation  shall  first  obtain  permission  and  permits  there- 
for from  the  Mayor  and  City  Council  of  Baltimore,  and  shall 
in  the  application  for  such  permission  and  permits  agree 
to  pay  all  costs  and  charges  of  every  kind  and  nature  made 
necessary  by  such  removal,  altonation  ALTERATION  or 
interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordinance 
until  the  subsurface  structures  and  appurtenances  now 
owned  by  the  Mayor  and  City  Council  of  Baltimore,  over 
which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  specifi- 
cations and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  buildings 
or  structures.  Railroad  tracks  shall  be  taken  to  be  "struc- 
tures" within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  appur- 
tenances owned  by  any  person,  firm  or  corporation,  other 
than  the  Mayor  and  City  Council  of  Baltimore,  shall  upon 
notice  from  the  Director  of  Public  Works  of  Baltimore  City, 
be  promptly  removed  by  and  at  the  expense  of  the  said 
owners. 


224  ORDINANCES  Ord.  No.  695 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and 
appurtenances  used  by  it  therein,  for  the  purposes  of 
inspection,  maintenance,  repair,  alteration,  relocation  and 
/or  replacement,  of  any  or  all  of  said  structures  and  appur- 
tenances, and  this  without  permission  from  or  compensa- 
tion to  the  owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  15  foot  alley  and  the  pro- 
ceedings and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code 
of  Public  Local  Laws  of  Maryland  and  the  Charter  of  Bal- 
timore City  (1964  Revision)  as  amended  to  July  1,  1973 
and  any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and  all 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore,  and 
any  and  all  rules  or  regulations  in  effect  which  have  been 
adopted  by  the  Director  of  Public  Works  and  filed  with  the 
Department  of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  695 
(Council  No.  1414) 

An  Ordinance  to  amend  the  Renewal  Plan  for  Reservoir 
Hill,  which  plan  was  approved  by  Ordinance  No.  33 
dated  April  10,  1972,  to,  among  other  things,  (1) 
authorize  the  acquisition  by  purchase  or  by  condemna- 


ORDINANCES  225 

tion  by  the  Mayor  and  City  Council  of  Baltimore,  for 
urban  renewal  purposes,  of  certain  properties;  (2) 
change  a  residential  designation  on  the  land  use  plan  to 
right-of-way;  (3)  add  standards  for  a  commercial  dis- 
position lot  to  the  Renewal  Plan;  (4)  reorganize  the 
format  of  the  Renewal  Plan;  (5)  revise  certain  exhibits 
attached  to  the  Renewal  Plan  to  indicate  the  changes 
provided  herein;  and  (6)  provide  for  the  effective  date 
hereof. 

Whereas,  the  Renewal  Plan  for  Reservoir  Hill  was 
approved  by  the  Mayor  and  City  Council  of  Baltimore  by 
Ordinance  No.  33  dated  April  10,  1972,  and  last  amended 
by  Ordinance  No.  59  dated  June  11, 1976 ;  and 

Whereas,  pursuant  to  Section  26,  Article  13,  of  the 
Baltimore  City  Code  (1966  Edition),  as  amended  by  Ordi- 
nance No.  152  approved  June  28,  1968,  and  Ordinance  No. 
325  approved  May  31,  1977,  no  substantial  change  or 
changes  shall  be  made  in  any  renewal  plan  after  approval 
by  ordinance,  without  such  change  or  changes  first  being 
adopted  and  approved  in  the  same  manner  as  set  forth  in 
said  Section  26  for  the  approval  of  a  renewal  plan,  namely 
the  preparation  of  such  change  or  changes  by  the  Depart- 
ment of  Housing  and  Community  Development,  the  ap- 
proval of  such  change  or  changes  by  the  Director  of  the 
Department  of  Planning,  and  approval  and  adoption  by  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore 
after  a  public  hearing  in  relation  thereto,  all  in  the  manner 
set  forth  in  said  Section  26 ;  and 

Whereas,  extensive  changes  in  the  format  of  the  Re- 
newal Plan  for  Reservoir  Hill  make  it  infeasible  to  make 
line-by-line  changes ;  therefore,  the  Department  of  Housing 
and  Community  Development  has  prepared  an  amended 
Renewal  Plan  for  Reservoir  Hill,  including  all  prior 
amendments  to  said  Plan ;  and 

Whereas,  the  amended  Renewal  Plan  for  Reservoir 
Hill  has  been  approved  by  the  Director  of  the  De- 
partment of  Planning  on  January  18,  1978,  with  re- 
spect to  its  conformity  as  to  the  Master  Plan;  the  de- 
tailed location  of  any  public  improvements  proposed  in 
the  amended  Renewal  Plan;  its  conformity  to  the  rules 
and  regulations  for  subdivisions;  and  all  zoning  changes 


226  ORDINANCES  Ord.  No.  695 

proposed  in  the  amended  Renewal  Plan;  and  the  amended 
Renewal  Plan  for  Reservoir  Hill  has  been  approved  and 
recommended  to  the  Mayor  and  City  Council  of  Baltimore 
by  the  Commissioner  of  the  Department  of  Housing  and 
Community  Development  on  January  18,  1978;  now,  there- 
fore. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Renewal  Plan  for  Reser- 
voir Hill,  identified  as  "Urban  Renewal  Plan,  Reservoir 
Hill  .  .  .  revised  to  include  Amendment  No.  5,  dated  January 
11,  1978",  is  hereby  approved  and  the  Clerk  of  the  City 
Council  is  hereby  directed  to  file  a  copy  of  said  amended 
Renewal  Plan  with  the  Department  of  Legislative  Refer- 
ence as  a  permanent  public  record  and  to  make  the  same 
available  for  public  inspection  and  information. 

Sec.  2.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation  the  fee 
simple  interest,  or  any  lesser  interest,  in  and  to  certain 
properties,  together  with  all  right,  title,  interest,  and 
estate  that  the  owner  or  owners  of  said  property  interests 
may  have  in  all  streets,  alleys,  ways  or  lanes,  public  or 
private,  both  abutting  the  whole  area  described  and/or 
contained  within  the  perimeter  of  said  area,  situate  in 
Baltimore  City,  Maryland,  and  described  as  follows : 

2016  Linden  Avenue 

2018  Linden  Avenue 

2020  Linden  Avenue 

2022  Linden  Avenue 

2024  Linden  Avenue 

2030  Linden  Avenue 

2036  Linden  Avenue 

2038  Linden  Avenue 

2040  Linden  Avenue 

2042  Linden  Avenue 

2044  Linden  Avenue 

2048  Linden  Avenue 

2050  Linden  Avenue 

2064  Linden  Avenue 

2068  Linden  Avenue 

2070  Linden  Avenue 

2072  Linden  Avenue 


ORDINANCES  227 

Sec.  3.  And  be  it  further  ordained,  That  the  Real 
Estate  Acquisition  Division  of  the  Department  of  the 
Comptroller,  or  such  person  or  persons  and  in  such 
manner  as  the  Board  of  Estimates,  in  the  exercise  of  the 
power  vested  in  it  by  Article  V,  Section  5,  of  the  Baltimore 
City  Charter,  may  hereafter  from  time  to  time  designate, 
is  or  are  authorized  to  acquire  on  behalf  of  the  Mayor  and 
City  Council  of  Baltimore  and  for  the  purposes  described 
in  this  ordinance  the  fee  simple  interest  or  any  lesser 
interest  in  and  to  the  properties  or  portions  thereof  here- 
inabove mentioned.  If  the  said  Real  Estate  Acquisition 
Division  of  the  Department  of  the  Comptroller,  or  such 
person  or  persons,  and  in  such  manner  as  the  Board  of 
Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  unable  to 
agree  with  the  owner  or  owners  on  the  purchase  price  for 
said  properties  or  portions  thereof,  it  or  they  shall  forth- 
with notify  the  City  Solicitor  of  Baltimore  City,  who  shall 
thereupon  institute  in  the  name  of  the  Mayor  and  City 
Council  of  Baltimore  the  necessary  legal  proceedings  to 
acquire  by  condemnation  the  fee  simple  interest  or  any 
lesser  interest  in  and  to  said  properties  or  portions  thereof. 

Sec.  4.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  Reservoir  Hill  may  not  meet  the  requirements  as  to  the 
content  of  a  renewal  plan  or  the  procedures  for  the  prepa- 
ration, adoption,  and  approval  of  a  renewal  plan,  as  pro- 
vided in  Ordinance  No.  152  approved  June  28,  1968,  and 
amended  by  Ordinance  No.  325  approved  May  31,  1977,  the 
said  requirements  are  hereby  waived  and  the  amended 
Renewal  Plan  approved  hereby  is  exempted  therefrom. 

Sec.  5.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this   ordinance  without  the  word,   phrase, 


228  ORDINANCES  Ord.  No.  696 

clause,  sentence,  paragraph,  section  or  part  or  the  appli- 
cation thereof  so  held  invalid. 

Sec.  6.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning, 
building,  electrical,  plumbing,  health,  fire  or  safety  ordi- 
nance or  code  or  regulation,  the  applicable  provisions  con- 
cerned shall  be  construed  so  as  to  give  effect  to  each; 
provided,  however,  that  if  such  provisions  are  found  to  be 
in  irreconcilable  conflict,  the  provision  which  establishes  the 
higher  standard  for  the  promotion  of  the  public  health  and 
safety  shall  prevail.  In  any  case  where  a  provision  of  this 
ordinance  is  found  to  be  in  conflict  with  an  existing  provi- 
sion of  any  other  ordinance  or  code  or  regulation  in  force 
in  the  City  of  Baltimore  which  establishes  a  lower  standard 
for  the  promotion  and  protection  of  the  public  health  and 
safety,  the  provision  of  this  ordinance  shall  prevail,  and 
the  other  existing  provision  of  such  other  ordinance  or 
code  or  regulation  is  hereby  repealed  to  the  extent  that  it 
may  be  found  in  conflict  with  this  ordinance. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  696 
(Council  No.  1415) 

An  Ordinance  to  amend  the  Renewal  Plan  for  the  Druid 
Heights  Urban  Renewal  project,  which  Plan  was  ap- 
proved by  Ordinance  No.  376,  dated  June  28,  1977,  to, 
among  other  things,  (1)  delete  from  acquisition  certain 
properties  listed  in  Ordinance  No.  376  dated  June  28, 
1977;  (2)  authorize  the  acquisition  by  purchase  or  by 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more, for  urban  renewal  purposes,  of  certain  properties ; 


ORDINANCES  229 

(3)  revise  certain  exhibits  attached  to  said  Plan  to  indi- 
cate the  changes  provided  herein;  and  (4)  provide  for 
the  effective  date  hereof. 

Whereas,  a  Renewal  Plan  for  the  Druid  Heights  project 
was  approved  by  the  Mayor  and  City  Council  of  Baltimore 
by  Ordinance  No.  376,  dated  June  28, 1977 ;  and 

Whereas,  pursuant  to  Section  26,  Article  13,  of  the  Bal- 
timore City  Code  (1966  Edition),  as  amended  by  Ordinance 
No.  152  approved  June  28,  1968  and  Ordinance  No.  325 
approved  May  31,  1977,  no  substantial  change  or  changes 
shall  be  made  in  any  renewal  plan,  after  approval  by 
ordinance,  without  such  change  or  changes  first  being 
adopted  and  approved  in  the  same  manner  as  set  forth  in 
said  Section  26  for  the  approval  of  a  renewal  plan,  namely 
the  preparation  of  such  change  or  changes  by  the  Depart- 
ment of  Housing  and  Community  Development,  the  ap- 
proval of  such  change  or  changes  by  the  Director  of  the 
Department  of  Planning,  and  approval  and  adoption  by  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore 
after  a  public  hearing  in  relation  thereto,  all  in  the  manner 
set  forth  in  said  Section  26 ;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  list  of  changes  to  the  Renewal 
Plan  for  Druid  Heights,  known  as  "Amendment  No.  1  to 
the  Urban  Renewal  Plan  for  Druid  Heights",  dated  "Janu- 
ary 5,  1978  AND  REVISED  MARCH  7,  1978";  and 

Whereas,  said  Amendment  No.  1  to  the  Renewal  Plan 
for  Druid  Heights  has  been  approved  by  the  Director  of 
the  Department  of  Planning  on  January  18,  1978  with 
respect  to  its  conformity  as  to  the  Master  Plan ;  the  detailed 
location  of  any  public  improvements  proposed  in  the 
amended  Renewal  Plan;  its  conformity  to  the  rules  and 
regulations  for  subdivisions;  and  all  zoning  changes  pro- 
posed in  the  amended  Renewal  Plan ;  and  said  Amendment 
No.  1  to  the  Renewal  Plan  has  been  approved  and  recom- 
mended to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  on  January  18,  1978,  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendments  and  changes 


230  ORDINANCES  Ord.  No.  696 

to  the  Renewal  Plan  for  the  Druid  Heights  Urban  Renewal 
project,  having  been  duly  reviewed  and  considered,  are 
hereby  approved,  and  the  Clerk  of  the  City  Council  is 
hereby  directed  to  file  a  copy  of  said  Renewal  Plan  revised 
to  include  Amendment  No.  1,  dated  January  5,  1978  AND 
REVISED  MARCH  7,  1978,  with  the  Department  of  Leg- 
islative Reference  as  a  permanent  public  record  and  make 
the  same  available  for  public  inspection  and  information. 

1.  In  the  Table  of  Contents,  page  ii,  section  entitled 
"EXHIBITS",  delete  the  dates  of  the  maps  for  Exhibits  1 
through  AND  4  from  "3/8/77"  and  insert  in  lieu  thereof 
"1/5/78'%  AND  FOR  EXHIBITS  2  AND  3  FROM 
"3/8/77"   AND   INSERT   IN  LIEU  THEREOF  3/7/78. 

2.  In  Section  B.l.c,  entitled  "Non-Conforming  Uses", 
page  2,  line  9,  add  the  following  after  the  word  "estab- 
lished": 

"between  the  date  of  the  survey  on  which  Appendix  A  is 
based  and  the  approval  of  this  Plan  by  the  Mayor  and  City 
Council  of  Baltimore". 

3.  In  Section  C.4.b.,  entitled  "Community  Review", 
page  7,  line  2,  and  page  8,  lines  6,  8,  and  15,  delete  the 
word  "assigned"  and  insert  in  lieu  thereof  "assignee". 

4.  In  Section  E.,  entitled  "PROCEDURES  FOR 
CHANGES  IN  APPROVED  PLAN",  page  8,  line  4,  delete 
the  word  "sumitted"  and  insert  in  lieu  thereof  "submit- 
ted", and  delete  the  words  "City  Planning  Commission" 
and  insert  in  lieu  thereof  "Director  of  the  Department  of 
Planning". 

5.  Delete  Appendix  A,  entitled  "NON-CONFORMING 
USES",  page  10,  and  Appendix  B,  entitled  "PROPERTIES 
FOR  ACQUISITION  AND  DISPOSITION  FOR  REHA- 
BILITATION", page  11,  and  insert  in  lieu  thereof  revised 
Appendices  A  and  B. 

6.  Delete  Exhibits  1  through  AND  4,  dated  "3/8/77" 
from  the  Plan  and  insert  in  lieu  thereof  revised  Exhibits  1 
through  AND  4,  dated  "1/5/78'%  AND  DELETE  EX- 
HIBITS 2  AND  3,  DATED  "3/8/77"  AND  INSERT  IN 
LIEU  THEREOF  REVISED  EXHIBITS  2  AND  3, 
DATED  "3/7/78". 


ORDINANCES  231 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  delete  the  following  properties  or  portions  thereof  from 
the  list  of  properties  to  be  acquired  in  Ordinance  No.  376, 
dated  June  28, 1977 : 

579  Baker  Street 

2140  Division  Street 

2142  Division  Street 
2144  Division  Street 
2146  Division  Street 

2024  ETTING  STREET 

541  Robert  Street 

Sec.  3.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire,  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser  in- 
terest in  and  to  certain  properties  or  portions  thereof, 
together  with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both  abut- 
ting the  whole  area  described  and/or  contained  within  the 
perimeter  of  said  area,  situate  in  Baltimore  City,  Maryland, 
and  described  as  follows : 

589  Baker  Street 

1837  Division  Street 

3044  Division  Street 

2047  Division  Street 

2101  Division  Street 

2108  Division  Street 

2143  Division  Street 

1802  Druid  Hill  Avenue 
1812  Druid  Hill  Avenue 
1821  Druid  Hill  Avenue 

1924  McCulloh  Street 
1926  McCulloh  Street 
1928  McCULLOH  STREET 
2100%  McCULLOH  STREET 

Sec.  4.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 


232  ORDINANCES  Ord.  No.  696 

or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore  and  for  the  purposes  described  in  this  ordi- 
nance, the  fee  simple  interest  or  any  lesser  interest  in  and 
to  the  properties  or  portions  thereof  hereinabove  men- 
tioned. If  the  said  Real  Estate  Acquisition  Division  of  the 
Department  of  the  Comptroller,  or  such  person  or  persons, 
and  in  such  manner  as  the  Board  of  Estimates  in  the 
exercise  of  the  power  vested  in  it  by  Article  V,  Section  5, 
of  the  Baltimore  City  Charter,  may  hereafter  from  time 
to  time  designate,  is  or  are  unable  to  agree  with  the  owner 
or  owners  on  the  purchase  price  for  said  properties  or  por- 
tions thereof,  it  or  they  shall  forthwith  notify  the  City 
Solicitor  of  Baltimore  City,  who  shall  thereupon  institute 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore  the 
necessary  legal  proceedings  to  acquire  by  condemnation  the 
fee  simple  interest  or  any  lesser  interest  in  and  to  said 
properties  or  portions  thereof. 


Sec.  5.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved 
hereby  for  the  Druid  Heights  Urban  Renewal  project  may 
not  meet  the  requirements  as  to  the  content  of  a  renewal 
plan  or  the  procedures  for  the  preparation,  adoption,  and 
approval  of  renewal  plans,  as  provided  in  Ordinance  No.  152 
approved  June  28,  1968,  and  Ordinance  No.  325  approved 
May  31,  1977,  the  said  requirements  are  hereby  waived  and 
the  amended  Renewal  Plan  approved  hereby  is  exempted 
therefrom. 

Sec.  6.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 


ORDINANCES  233 

sentence,   paragraph,  section  or  part  or  the  application 
thereof  so  held  invalid. 

Sec.  7.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning, 
building,  electrical,  plumbing,  health,  fire  or  safety  ordi- 
nance or  code  or  regulation,  the  applicable  provisions  con- 
cerned shall  be  construed  so  as  to  give  effect  to  each; 
provided,  however,  that  if  such  provisions  are  found  to  be 
in  irreconcilable  conflict,  the  provision  which  establishes 
the  higher  standard  for  the  promotion  of  the  public  health 
and  safety  shall  prevail.  In  any  case  where  a  provision  of 
this  ordinance  is  found  to  be  in  conflict  with  an  existing 
provision  of  any  other  ordinance  or  code  or  regulation  in 
force  in  the  City  of  Baltimore  which  establishes  a  lower 
standard  for  the  promotion  and  protection  of  the  public 
health  and  safety,  the  provision  of  this  ordinance  shall  pre- 
vail, and  the  other  existing  provision  of  such  other  ordi- 
nance or  code  or  regulation  is  hereby  repealed  to  the  extent 
that  it  may  be  found  in  conflict  with  this  ordinance. 

Sec.  8.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  697 
(Council  No.  1416) 

An  Ordinance  to  amend  the  Urban  Renewal  Plan  for 
Upton,  which  Plan  was  originally  approved  by  Ordinance 
No.  794,  dated  May  22,  1970,  to,  among  other  things: 
(1)  authorize  the  acquisition  by  purchase  or  by  con- 
demnation by  the  Mayor  and  City  Council  of  Baltimore 
for  urban  renewal  purposes  of  certain  properties;  (2) 
make  certain  land  use  changes;  (3)  delete  certain  prop- 
erties from  acquisition  and  disposition;   (4)   designate 


234  ORDINANCES  Ord.  No.  697 

certain  properties  for  rehabilitation  in  lieu  of  clear- 
ance; (5)  modify  the  standards  and  controls  and  the 
boundaries  of  certain  disposition  lots;  (6)  create  several 
new  disposition  lots;  (7)  delete  the  recommendation  to 
close  certain  streets  and  other  rights-of-way;  (8)  revise 
certain  exhibits  attached  to  the  Renewal  Plan  to  indi- 
cate the  changes  provided  herein;  and  (9)  provide  for 
the  effective  date  hereof. 

Whereas,  the  Renewal  Plan  for  the  Upton  Urban  Re- 
newal Project  was  approved  by  the  Mayor  and  City 
Council  of  Baltimore  by  Ordinance  No.  794,  dated  May  22, 
1970,  and  last  amended  by  Ordinance  No.  55,  dated  May 
28, 1976;  and 

Whereas,  pursuant  to  Section  26,  Article  13  of  the  Bal- 
timore City  Code  (1966  Edition),  as  amended  by  Ordi- 
nance No.  152,  dated  June  28,  1968,  and  as  further 
amended  by  Ordinance  No.  325,  dated  May  31,  1977,  no 
substantial  change  or  changes  shall  be  made  in  any  re- 
newal plan  after  approval  by  ordinance  without  such 
change  or  changes  first  being  adopted  and  approved  in  the 
same  manner  as  set  forth  in  said  Section  26  for  the  ap- 
proval of  a  renewal  plan,  namely  the  preparation  of  such 
change  or  changes  by  the  Department  of  Housing  and 
Community  Development,  the  approval  of  such  change  or 
changes  by  the  Director  of  the  Department  of  Planning, 
and  approval  and  adoption  by  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore  after  a  public  hearing  in 
relation  thereto,  all  in  the  manner  set  forth  in  said  Section 
26 ; and 

Whereas,  extensive  changes  in  the  Renewal  Plan  for 
Upton  make  it  infeasible  to  make  line-by-line  changes; 
therefore,  the  Department  of  Housing  and  Community  De- 
velopment has  prepared  an  amended  Renewal  Plan  for 
Upton,  including  all  prior  amendments  to  said  Plan;  and 

Whereas,  the  amended  Renewal  Plan  for  Upton  has  been 
approved  by  the  Director  of  the  Department  of  Planning 
on  January  18,  1978  with  respect  to  its  conformity  as  to 
the  Master  Plan;  the  detailed  location  of  any  public  im- 
provements proposed  in  the  amended  Renewal  Plan;  its 
conformity  to  the  rules  and  regulations  for  subdivisions; 
and  all  zoning  changes  proposed  in  the  amended  Renewal 


ORDINANCES  235 

Plan;  and  the  amended  Renewal  Plan  for  Upton  has  been 
approved  and  recommended  to  the  Mayor  and  City  Council 
of  Baltimore  by  the  Commissioner  of  the  Department  of 
Housing  and  Community  Development  on  January  18, 
1978 ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Renewal  Plan  for  Upton, 
identified  as  "Urban  Renewal  Plan,  Upton  .  .  .  revised  to 
include  Amendment  No.  7  dated  January  11,  1978  AND 
REVISED  MARCH  14,  1978,"  is  hereby  approved  and  the 
Clerk  of  the  City  Council  is  hereby  directed  to  file  a  copy 
of  said  amended  Renewal  Plan  with  the  Department  of 
Legislative  Reference  as  a  permanent  record  and  to  make 
the  same  available  for  public  inspection  and  information. 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  delete  the  following  properties  or  portions  thereof  from 
the  list  of  properties  to  be  acquired  in  Ordinance  No.  794, 
approved  May  22, 1970: 

one-story  brick  shed,  approximately  14  ft.  by  23  ft.,  lo- 
cated at  extreme  rear  of  1237  Druid  Hill  Avenue ; 

1435  North  Fremont  Avenue ; 

two  story  brick  carriage  house,  approximately  4&  £k  by  &9 
&r?  located  at  oxtromo  ¥ee&  e£  1314  McCulloh  Street. 

one-story  brick  garage,  approximately  15  ft.  by  21  ft., 
located  at  extreme  rear  of  1720  McCulloh  Street. 

rear  50  feet,  more  or  less,  of  1309  Myrtle  Avenue. 
1920-1922  Pennsylvania  Avenue. 

Sec.  3.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire  by  purchase  or  by  condemnation  for  urban  re- 
newal purposes,  the  fee  simple  interest  or  any  lesser 
interest  in  and  to  certain  properties  or  portions  thereof, 
together  with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both  abut- 
ting the  whole  area  described  and/or  contained  within  the 
perimeter  of  said  area,  situate  in  Baltimore  City,  Maryland, 
and  described  as  follows : 


236  ORDINANCES  Ord.  No.  697 

909  Argyle  Avenue 

911  Argyle  Avenue 

913  Argyle  Avenue 

915  Argyle  Avenue 

917  Argyle  Avenue 

919  Argyle  Avenue 
1111  Argyle  Avenue 
1113  Argyle  Avenue 
1115  Argyle  Avenue 
1117  Argyle  Avenue 
1119  Argyle  Avenue 
1319  Argyle  Avenue 
1321  Argyle  Avenue 
1323  Argyle  Avenue 

626  W.  Lafayette  Avenue 

628  W.  Lafayette  Avenue 
630  W.  Lafayette  Avenue 

629  W.  Lanvale  Street 

630  W.  Lanvale  Street 

631  W.  Lanvale  Street 
633  W.  Lanvale  Street 

1445  Pennsylvania  Avenue 

Sec.  4.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire  by  purchase  or  by  condemnation  for  urban  re- 
newal purposes,  the  fee  simple  interest  or  any  lesser  inter- 
est, only  the  structure  standing  on  the  property  described 
as  follows.  The  land  upon  which  this  structure  stands  may 
not  necessarily  be  acquired : 

one-story  brick  store,  approximately  17  ft.  by  22  ft.,  located 
at  rear  of  1745  Druid  Hill  Avenue. 

Sec.  5.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comp- 
troller, or  such  person  or  persons  and  in  such  manner  as 
the  Board  of  Estimates,  in  the  exercise  of  the  power  vested 
in  it  by  Article  V,  Section  5,  of  the  Baltimore  City  Charter, 
may  hereafter  from  time  to  time  designate,  is  or  are 
authorized  to  acquire  on  behalf  of  the  Mayor  and  City 
Council  of  Baltimore,  and  for  the  purposes  described  in 
this  ordinance,  the  fee  simple  interest  or  any  lesser  inter- 


ORDINANCES  237 

est  in  and  to  the  properties  or  portions  thereof  hereinabove 
mentioned.  If  the  said  Real  Estate  Acquisition  Division  of 
the  Department  of  the  Comptroller,  or  such  person  or  per- 
sons, and  in  such  manner  as  the  Board  of  Estimates,  in 
the  exercise  of  the  power  vested  in  it  by  Article  V,  Section 
5,  of  the  Baltimore  City  Charter,  may  hereafter  from  time 
to  time  designate,  is  or  are  unable  to  agree  with  the  owner 
or  owners  on  the  purchase  price  of  said  properties  or  por- 
tions thereof,  it  or  they  shall  forthwith  notify  the  City 
Solicitor  of  Baltimore  City,  who  shall  thereupon  institute 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore 
the  necessary  legal  proceedings  to  acquire  by  condemnation 
the  fee  simple  interest  or  any  lesser  interest  in  and  to  said 
properties  or  portions  thereof. 

Sec.  6.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved 
hereby  for  Upton  may  not  meet  the  requirements  as  to 
the  content  of  a  renewal  plan  or  the  procedures  for  the 
preparation,  adoption,  and  approval  of  a  renewal  plan,  as 
provided  in  Ordinance  No.  152,  approved  June  28,  1968, 
and  amended  by  Ordinance  No.  325,  approved  May  31, 
1977,  the  said  requirements  are  hereby  waived  and  the 
amended  Renewal  Plan  approved  hereby  is  exempted 
therefrom. 

Sec.  7.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  applica- 
tion thereof  so  held  invalid. 

Sec.  8.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  build- 
ing, electrical,  plumbing,  health,  fire  or  safety  ordinance  or 
code   or   regulation,   the   applicable  provisions   concerned 


238  ORDINANCES  Ord.  No.  698 

shall  be  construed  so  as  to  give  effect  to  each;  provided, 
however,  that  if  such  provisions  are  found  to  be  in  irre- 
concilable conflict,  the  provisions  which  establish  the 
higher  standard  for  the  promotion  of  the  public  health  and 
safety  shall  prevail.  In  any  case  where  a  provision  of  this 
ordinance  is  found  to  be  in  conflict  with  an  existing  pro- 
vision of  any  other  ordinance  or  code  or  regulation  in  force 
in  the  City  of  Baltimore  which  establishes  a  lower  stan- 
dard for  the  promotion  and  protection  of  the  public  health 
and  safety,  the  provision  of  this  ordinance  shall  prevail, 
and  the  other  existing  provision  of  such  other  ordinance 
or  code  or  regulation  is  hereby  repealed  to  the  extent  that 
it  may  be  found  in  conflict  with  this  ordinance. 

Sec.  9.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  698 
(Council  No.  1417) 

An  Ordinance  to  amend  the  Urban  Renewal  Plan  for  the 
Coldstream  Homestead  Montebello  Area,  which  plan  was 
approved  by  Ordinance  No.  289,  dated  February  28, 
1977,  to,  among  other  things,  (1)  authorize  the  acquisi- 
tion by  purchase  or  by  condemnation  by  the  Mayor  and 
City  Council  of  Baltimore,  for  urban  renewal  purposes, 
of  certain  properties;  (2)  change  the  proposed  land  use 
of  certain  properties;  (3)  create  or  expand  certain  dis- 
position parcels  and  establish  corresponding  standards 
and  controls  where  appropriate;  (4)  add  language  per- 
taining to  and  defining  non-complying  land  uses  and 
identify  those  properties  which  are  or  will  become  non- 
conforming uses;  (5)  recommend  certain  zoning  dis- 
trict changes;  (6)  revise  and/or  add  certain  appendices 
or  exhibits  to  said  plan  to  indicate  the  changes  provided 
herein;  and  (7)  provide  for  the  effective  date  hereof. 


ORDINANCES  239 

Whereas,  a  Renewal  Plan  for  Coldstream  Homestead 
Montebello  was  approved  by  the  Mayor  and  City  Council  of 
Baltimore  by  Ordinance  No.  289,  dated  February  28,  1977; 
and 

Whereas,  pursuant  to  Section  26,  Article  13  of  the  Bal- 
timore City  Code  (1966  Edition)  as  amended  by  Ordinance 
No.  152  approved  June  28,  1968,  and  Ordinance  No.  325 
approved  May  31,  1977,  no  substantial  change  or  changes 
shall  be  made  in  any  renewal  plan,  after  approval  by  ordi- 
nance, without  such  change  or  changes  first  being  adopted 
and  approved  in  the  same  manner  as  set  forth  in  said 
Section  26  for  the  approval  of  a  renewal  plan,  namely  the 
preparation  of  such  change  or  changes  by  the  Department 
of  Housing  and  Community  Development,  the  approval  of 
such  change  or  changes  by  the  Director  of  the  Department 
of  Planning,  and  approval  and  adoption  by  an  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore  after  a  public 
hearing  in  relation  thereto,  all  in  the  manner  set  forth  in 
said  Section  26 ;  and 

Whereas,  extensive  changes  in  the  Renewal  Plan  make 
it  infeasible  to  make  line-by-line  changes;  therefore,  the 
Department  of  Housing  and  Community  Development  has 
prepared  an  amended  Renewal  Plan  for  Coldstream  Home- 
stead Montebello;  and 

Whereas,  said  amended  Renewal  Plan  for  Coldstream 
Homestead  Montebello  has  been  approved  by  the  Director 
of  the  Department  of  Planning  on  January  18,  1978  with 
respect  to  its  conformity  to  the  Master  Plan ;  the  detailed 
location  of  any  public  improvements  proposed  in  the 
amended  Renewal  Plan;  its  conformity  to  the  rules  and 
regulations  for  subdivisions;  and  all  zoning  changes  pro- 
posed in  the  amended  Renewal  Plan,  and  said  amended 
Renewal  Plan  has  been  approved  and  recommended  to  the 
Mayor  and  City  Council  of  Baltimore  City  by  the  Com- 
missioner of  the  Department  of  Housing  and  Community 
Development  on  January  18, 1978 ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Renewal  Plan  for  Cold- 
stream Homestead  Montebello,  identified  as  "Urban  Re- 
newal Plan,  Coldstream  Homestead  Montebello .  .  .  revised 


240  ORDINANCES  Ord.  No.  698 

to  include  Amendment  No.  1,  dated  January  5,  1978"  is 
hereby  approved,  and  the  Clerk  of  the  City  Council  is 
hereby  directed  to  file  a  copy  of  said  amended  Renewal 
Plan  with  the  Department  of  Legislative  Reference  as  a 
permanent  public  record  and  make  the  same  available  for 
public  inspection  and  information. 

Sec.  2.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation  the  fee 
simple  interest,  or  any  lesser  interest,  in  and  to  certain 
properties,  together  with  all  right,  title,  interest,  and  estate 
that  the  owner  or  owners  of  said  property  interests  may 
have  in  all  streets,  alleys,  ways  or  lanes,  public  or  private, 
both  abutting  the  whole  area  described  and/or  contained 
within  the  perimeter  of  said  area,  situate  in  Baltimore 
City,  Maryland,  and  described  as  follows: 

1556  Abbotston  Street 
1558  Abbotston  Street 
1560  Abbotston  Street 

1768  Carswell  Street 

Ward  9,  Section  17,  Block  4137,  Lot  26A   (known  as 
1441  E.  28th  Street) 

Sec.  3.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the 
Board  of  Estimates,  in  the  exercise  of  the  power  vested  in 
it  by  Article  V,  Section  5,  of  the  Baltimore  City  Charter, 
may  hereafter  from  time  to  time  designate,  is  or  are 
authorized  to  acquire  on  behalf  of  the  Mayor  and  City 
Council  of  Baltimore  and  for  the  purposes  described  in 
this  ordinance,  the  fee  simple  interest  or  any  lesser  inter- 
est in  and  to  the  properties  or  portions  thereof  hereinabove 
mentioned.  If  the  said  Real  Estate  Acquisition  Division  of 
the  Department  of  the  Comptroller,  or  such  person  or  per- 
sons, and  in  such  manner  as  the  Board  of  Estimates  in  the 
exercise  of  the  power  vested  in  it  by  Article  V,  Section  5, 
of  the  Baltimore  City  Charter,  may  hereafter  from  time 
to  time  designate,  is  or  are  unable  to  agree  with  the  owner 
or  owners  on  the  purchase  price  for  said  properties  or  por- 
tions thereof,  it  or  they  shall  forthwith  notify  the  City 


ORDINANCES  241 

Solicitor  of  Baltimore  City,  who  shall  thereupon  institute 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore 
the  necessary  legal  proceedings  to  acquire  by  condemnation 
the  fee  simple  interest  or  any  lesser  interest  in  and  to  said 
properties  or  portions  thereof. 

Sec.  4.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved 
hereby  for  the  Coldstream  Homestead  Montebello  Urban 
Renewal  Area  may  not  meet  the  requirements  as  to  the 
content  of  a  renewal  plan  or  the  procedures  for  the  prepa- 
ration, adoption,  and  approval  of  renewal  plans,  as  pro- 
vided in  Ordinance  No.  152  approved  June  28,  1968  and 
Ordinance  No.  325  approved  May  31,  1977,  the  said  require- 
ments are  hereby  waived  and  the  amended  Renewal  Plan 
approved  hereby  is  exempted  therefrom. 

Sec.  5.  And  be  it  further  ordained,  That  the  approval  of 
the  amended  Renewal  Plan  for  Coldstream  Homestead 
Montebello  shall  not  be  construed  as  an  enactment  of  such 
amendments  to  the  Zoning  Ordinance  as  are  proposed  in 
said  amended  Plan. 

Sec.  6.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  applica- 
tion thereof  so  held  invalid. 

Sec.  7.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  build- 
ing, electrical,  plumbing,  health,  fire  or  safety  code  or 
regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  stan- 


242  ORDINANCES  Ord.  No.  699 

dard  for  the  promotion  of  the  public  health  and  safety  shall 
prevail.  In  any  case  where  a  provision  of  this  ordinance  is 
found  to  be  in  conflict  with  an  existing  provision  of  any 
other  ordinance  or  code  or  regulation  in  force  in  the  City 
of  Baltimore  which  establishes  a  lower  standard  for  the 
promotion  and  protection  of  the  public  health  and  safety, 
the  provision  of  this  ordinance  shall  prevail,  and  the  other 
existing  provision  of  such  other  ordinance  or  code  or  regu- 
lation is  hereby  repealed  to  the  extent  that  it  may  be 
found  in  conflict  with  this  ordinance. 

Sec.  8.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  699 
(Council  No.  1418) 

An  Ordinance  approving  an  Urban  Renewal  Plan  for 
Greenmount  West,  bounded  generally  by  Calvert  Street 
on  the  west,  North  Avenue  on  the  north,  Greenmount 
Avenue  on  the  east,  and  the  Penn  Central  Railroad 
right-of-way  on  the  south;  authorizing  the  acquisition 
by  purchase  or  by  condemnation  by  the  Mayor  and 
City  Council  of  Baltimore,  for  urban  renewal  purposes, 
of  the  fee  simple  interest  or  any  lesser  interest  in  and 
to  certain  properties  within  Greenmount  West;  provid- 
ing for  review  by  the  Department  of  Housing  and 
Community  Development  of  all  plans  for  new  construc- 
tion, exterior  rehabilitation,  or  change  in  use  within 
Greenmount  West;  establishing  procedures  for  the  issu- 
ance and  denial  of  demolition  permits ;  providing  that  in 
selling  land  in  Greenmount  West,  the  Department  of 
Housing  and  Community  Development  shall  require 
that  developers  agree  in  writing  not  to  discriminate  in 
the  sale,  lease,  use  or  occupancy  of  the  property  devel- 
oped by  them  against  any  person  because  of  race,  CREED, 


ORDINANCES  243 

color,  sex,  or  national  origin ;  providing  that  the  approval 
of  said  Renewal  Plan  is  not  an  enactment  of  any  of  the 
amendments  to  the  Zoning  Ordinance  proposed  therein; 
waiving  such  requirements,  if  any,  as  to  content  or  pro- 
cedure for  the  preparation,  adoption  and  approval  of 
Renewal  Plans  as  set  forth  in  Ordinance  No.  152, 
approved  June  28,  1968,  as  amended  to  date,  which  the 
Renewal  Plan  for  Greenmount  West  may  not  meet;  pro- 
viding for  the  separability  of  the  various  parts  and 
applications  of  this  ordinance ;  providing  that  where  the 
provisions  of  this  ordinance  shall  conflict  with  any  other 
ordinance,  code  or  regulation,  the  provision  which  estab- 
lishes the  higher  standard  shall  prevail;  and  providing 
for  the  effective  date  hereof. 

Whereas,  the  area  known  as  "Greenmount  West", 
bounded  generally  by  Calvert  Street  on  the  west,  North 
Avenue  on  the  south  NORTH,  Greenmount  Avenue  on  the 
east,  and  the  Penn  Central  Railroad  right-of-way  on  the 
south,  lies  within  a  portion  of  the  Gay  Street  Urban  Re- 
newal Area,  as  designated  by  Ordinance  No.  1668,  approved 
May  14,  1963,  and  last  amended  by  Ordinance  No.  513, 
approved  June  27,  1969;  and 

Whereas,  under  Ordinance  No.  152  approved  June  28, 
1968  as  amended  by  Ordinance  No.  325  approved  May  31, 
1977,  the  Department  of  Housing  and  Community  Devel- 
opment is  authorized  to  prepare  and  administer  renewal 
plans  in  renewal  areas ;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  Renewal  Plan  for  Greenmount 
West,  consisting  of  a  cover  page,  a  table  of  contents,  thir- 
teen (13)  pages  of  text,  and  four  (4)  exhibits;  and 

Whereas,  the  Renewal  Plan  for  Greenmount  West  was 
approved  by  the  Director  of  the  Department  of  Planning 
on  January  18,  1978  with  respect  to  its  conformity  as  to 
the  Master  Plan;  the  detailed  location  of  any  public  im- 
provements proposed  in  the  Renewal  Plan;  its  conformity 
to  the  rules  and  regulations  for  subdivisions ;  and  all  zoning 
changes  proposed  in  the  Renewal  Plan,  and  the  Renewal 
Plan  was  approved  and  recommended  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Commissioner  of  the 


244  ORDINANCES  Ord.  No.  699 

Department  of  Housing  and  Community  Development  on 
January  18,  1978;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Urban  Renewal  Plan  for  the  area 
known  as  Greenmount  West,  as  hereinbelow  more  particu- 
larly described,  is  hereby  approved,  and  the  Clerk  of  the 
City  Council  is  hereby  directed  to  file  a  copy  of  said  Re- 
newal Plan  with  the  Department  of  Legislative  Reference 
as  a  permanent  record  and  to  make  the  same  available  for 
public  inspection  and  information. 

Beginning  for  the  same  at  the  intersection  of  the  west 
side  of  Calvert  Street  with  the  south  side  of  North  Avenue ; 
thence  binding  on  the  south  side  of  North  Avenue  easterly, 
crossing  Guilford  Avenue,  Barclay  Street,  Brentwood  Ave- 
nue, and  Greenmount  Avenue,  to  intersect  the  east  side  of 
Greenmount  Avenue;  thence  binding  on  the  east  side  of 
Greenmount  Avenue  southerly  to  intersect  the  north  side 
of  Hoffman  Street;  thence  crossing  Greenmount  Avenue 
and  continuing  on  the  north  boundary  line  of  the  main  line 
Pennsylvania  Railroad  right-of-way  westerly  to  intersect 
the  southwest  side  of  Lot  No.  32/34,  Ward  12,  Section  10, 
Block  1128;  thence  continuing  northwesterly  and  westerly 
and  binding  on  the  end  of  Belvidere  Street,  north  bound- 
ary of  Lot  No.  53,  Ward  12,  Section  10,  Block  1128,  to 
intersect  the  south  side  of  East  Oliver  Street ;  thence  bind- 
ing on  the  south  side  of  East  Oliver  Street  westerly,  crossing 
Guilford  Avenue  to  the  west  side  of  Guilford  Avenue; 
thence  binding  on  the  west  side  of  Guilford  Avenue  north- 
erly to  intersect  the  south  property  line  of  Lot  No.  1,  Ward 
12,  Section  10,  Block  446 ;  thence  continuing  northwesterly 
and  binding  on  the  north  boundary  of  Lot  No.  2,  Ward  12, 
Section  10,  Block  446  and  continuing,  crossing  Calvert 
Street  to  the  west  side  of  Calvert  Street;  thence  binding 
on  the  west  side  of  Calvert  Street  northerly  and  crossing 
Federal  Street,  Lanvale  Street,  Lafayette  Avenue,  and  Tren- 
ton Street  to  the  point  of  beginning. 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire,  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser  in- 
terest in  and  to   certain  properties  or  portions  thereof, 


ORDINANCES  245 

together  with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interest  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both  abutting 
the  whole  area  described  and/or  contained  within  the  perim- 
eter of  said  area,  situate  in  Baltimore  City,  Maryland,  and 
described  as  follows : 

1616  Barclay  Street 
1618  Barclay  Street 
1700  Barclay  Street 
1714  Barclay  Street 
1716  Barclay  Street 

1800  Barclay  Street 

1601-15  N.  Calvert  Street 

328  Federal  Street 

1639  Guilford  Avenue 

215  E.  Lafayette  Avenue 
310  E.  Lafayette  Avenue 
327  E.  Lafayette  Avenue 

329  E.  Lafayette  Avenue 
404  E.  Lafayette  Avenue 
406  E.  Lafayette  Avenue 
408  E.  Lafayette  Avenue 

416  E.  Lafayette  Avenue 
426  E.  Lafayette  Avenue 
429  E.  Lafayette  Avenue 
434  E.  Lafayette  Avenue 
436  E.  Lafayette  Avenue 

301  E.  Lanvale  Street 
303  E.  Lanvale  Street 
305  E.  Lanvale  Street 
307  E.  Lanvale  Street 
309  E.  Lanvale  Street 
315  E.  Lanvale  Street 
322  E.  Lanvale  Street 
324  E.  Lanvale  Street 
326  E.  Lanvale  Street 
410  E.  Lanvale  Street 
415  E.  Lanvale  Street 

417  E.  Lanvale  Street 


246  ORDINANCES  Ord.  No.  699 

419  E.  Lanvale  Street 
421  E.  Lanvale  Street 
423  E.  Lanvale  Street 
436  E.  Lanvale  Street 

438  E.  Lanvale  Street 
449  E.  Lanvale  Street 

420  Pitman  Place 
436  Pitman  Place 

439  Pitman  Place 

Sec.  3.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire,  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser 
interest  in  and  to  such  of  the  remaining  properties  or  por- 
tions thereof,  together  with  all  right,  title,  interest,  and 
estate  that  the  owner  or  owners  of  said  property  interests 
may  have  in  all  streets,  alleys,  ways  or  lanes,  public  or 
private,  both  abutting  the  whole  area  described  and/or 
contained  within  the  perimeter  of  said  area  in  Greenmount 
West  not  specifically  designated  for  acquisition  in  Section 
2  of  this  ordinance,  as  may  be  deemed  necessary  and 
proper  by  the  Commissioner  of  the  Department  of  Hous- 
ing and  Community  Development  to  effect  the  proper  im- 
plementation of  the  project.  These  properties  may  include : 

(a)  any  property  in  the  project  area  containing  a  non- 
salvable  structure,  i.e.  a  structure  which  in  the  opinion 
of  the  Commissioner  of  the  Department  of  Housing  and 
Community  Development  cannot  be  economically  rehabil- 
itated. 

(b)  any  property  the  owner  of  which  is  unable  fce  OR  un- 
willing to  comply  or  conform  to  the  codes  and  ordinances 
of  Baltimore  City  within  12  months  from  the  date  of 
written  notice  of  the  required  improvements,  the  Depart- 
ment of  Housing  and  Community  Development,  after  due 
consideration  that  the  property  owner  has  failed  to  achieve 
substantial  conformity  with  the  codes  and  ordinances  of 
Baltimore  City,  may  acquire  such  property  pursuant  to 
the  Eminent  Domain  Law  of  this  State  as  if  the  property 
had  originally  been  planned  for  acquisition  after  90  days 
written  notice  to  the  owner.  The  Department  of  Housing 
and  Community  Development  reserves  the  right  to  acquire 


ORDINANCES  247 

any  such  non-complying  property  for  a  period  of  two  (2) 
years  from  the  date  of  said  written  90  days  notice  by  the 
Department  of  Housing  and  Community  Development. 

Sec.  4.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation  for  urban 
renewal  purposes  the  fee  simple  interest,  or  any  lesser 
interest,  in  and  to  such  of  the  remaining  properties  or 
portions  thereof,  together  with  all  right,  title,  interest,  and 
estate  that  the  owner  or  owners  of  said  property  interests 
may  have  in  all  streets,  alleys,  ways  or  lanes,  public  or 
private,  abutting  said  properties  in  Greenmount  West  not 
designated  for  acquisition  in  addition  to  those  properties 
enumerated  in  Sections  2  and  3  of  this  ordinance,  in  order 
to  carry  out  rehabilitation  by  the  Department  of  Housing 
and  Community  Development  because : 

(a)  it  is  necessary  to  make  residential  structures  avail- 
able for  use  for  low-  and  moderate-income  families ;  or 

(b)  rehabilitation  on  a  structure-by-structure  basis  is 
infeasible,  and  assemblage  of  a  group  of  properties  is  re- 
quired to  carry  out  the  objectives  set  forth  in  the  Plan;  or 

(c)  rehabilitation  of  individual,  scattered  properties  is 
necessary  in  order  to  remove  blighting  influences  from 
otherwise  sound  residential  blocks. 

Sec.  5.  And  be  it  further  ordained,  That  upon  acquisition 
of  the  properties  mentioned  in  Sections  3  and  4  of  this 
ordinance,  the  Department  of  Housing  and  Community 
Development  will  either : 

(a)  demolish  the  structure  or  structures  thereon  and 
dispose  of  the  land  for  redevelopment  for  uses  in  accord- 
ance with  the  Plan ;  or 

(b)  sell  or  lease  the  property  subject  to  rehabilitation 
in  conformance  with  the  codes  and  ordinances  of  Balti- 
more City ;  or 

(c)  rehabilitate  the  property  in  conformance  with  the 
codes  and  ordinances  of  Baltimore  City  and  dispose  of  the 
property  in  accordance  with  the  applicable  regulations.  If 
sale  cannot  be  consummated  by  the  time  rehabilitation  is 


248  ORDINANCES  Ord.  No.  699 

accomplished,  property  may  be  rented  pending  continuing 
sale  efforts. 

Sec.  6.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  persons  and  in  such  manner  as  the  Board  of  Esti- 
mates, in  the  exercise  of  the  power  vested  in  it  by  Article 
V,  Section  5,  of  the  Baltimore  City  Charter,  may  hereafter 
from  time  to  time  designate,  is  or  are  authorized  to  acquire 
on  behalf  of  the  Mayor  and  City  Council  of  Baltimore  and 
for  the  purposes  described  in  this  ordinance,  the  fee  simple 
interest  or  any  lesser  interest  in  and  to  the  properties  or 
portions  thereof  hereinabove  mentioned.  If  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may  here- 
after from  time  to  time  designate,  is  or  are  unable  to  agree 
with  the  owner  or  owners  on  the  purchase  price  for  said 
properties  or  portions  thereof,  it  or  they  shall  forthwith 
notify  the  City  Solicitor  of  Baltimore  City,  who  shall  there- 
upon institute  in  the  name  of  the  Mayor  and  City  Council 
of  Baltimore  the  necessary  legal  proceedings  to  acquire  by 
condemnation  the  fee  simple  interest  or  any  lesser  interest 
in  and  to  said  properties  or  portions  thereof. 

SEC.  7.  And  be  it  further  ordained,  That  all  plans  for  new 
construction  (including  parking  lots),  exterior  rehabilita- 
tion, or  change  in  use  on  any  property  not  to  be  acquired 
under  the  provisions  of  the  Plan  shall  be  submitted  to  the 
Department  of  Housing  and  Community  Development  for 
review.  Only  upon  finding  that  the  proposed  plans  are  con- 
sistent with  the  objectives  of  the  Urban  Renewal  Plan 
shall  the  Commissioner  of  the  Department  of  Housing  and 
Community  Development  authorize  the  processing  of  the 
plans  for  issuance  of  a  building  permit.  The  provisions  of 
this  section  are  in  addition  to  and  not  in  lieu  of  all  other 
applicable  laws  and  ordinances  relating  to  new  con- 
struction. 

Sec.  8.  And  be  it  further  ordained,  That  all  applications 
for  demolition  permits  shall  be  submitted  to  the  Depart- 
ment of  Housing  and  Community  Development  for  review 


ORDINANCES  249 

and  approval.  Upon  finding  that  the  proposed  demolition  is 
consistent  with  the  objectives  of  the  urban  renewal  plan, 
the  Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  shall  authorize  the  issuance  of  the 
necessary  permit.  If  the  Commissioner  finds  that  the  pro- 
posal is  inconsistent  with  the  objectives  of  the  urban 
renewal  plan  and  therefore  denies  the  issuance  of  the  per- 
mit, within  90  days  of  such  denial,  he  shall  seek  approval 
of  the  Board  of  Estimates  to  acquire  for  and  on  behalf  of 
the  Mayor  and  City  Council  of  Baltimore  the  property,  in 
whole  or  in  part,  on  which  said  demolition  was  to  have 
occurred  by  purchase,  lease,  condemnation,  gift,  or  other 
legal  means  for  the  renovation,  rehabilitation  and  disposi- 
tion thereof.  In  the  event  that  the  Board  of  Estimates  does 
not  authorize  the  acquisition,  the  Commissioner  shall, 
without  delay,  issue  the  demolition  permit. 

Sec.  9.  And  be  it  further  ordained,  That  in  selling  or 
otherwise  disposing  of  property  in  the  Greenmount  West 
area,  the  Department  of  Housing  and  Community  Develop- 
ment shall  require  that  the  developers  agree  in  writing  not 
to  discriminate  in  the  sale,  lease,  use  or  occupancy  of  the 
property  developed  by  them  against  any  person  because  of 
race,  creed,  color,  sex,  or  national  origin. 

Sec.  10.  And  be  it  further  ordained,  That  the  approval 
of  the  Renewal  Plan  for  Greenmount  West  shall  not  be 
construed  as  an  enactment  of  such  amendments  to  the  Zon- 
ing Ordinance  as  are  proposed  in  the  Renewal  Plan. 

Sec.  11.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  Renewal  Plan  approved  hereby  for  the 
Greenmount  West  area  may  not  meet  the  requirements  as 
to  the  content  of  a  Renewal  Plan  or  the  procedure  for  the 
preparation,  adoption,  and  approval  of  Renewal  Plans  as 
provided  in  Ordinance  No.  152,  approved  June  28,  1968 
and  Ordinance  No.  325,  approved  May  31,  1977,  the  said 
requirements  are  hereby  waived  and  the  Renewal  Plan 
approved  hereby  is  exempted  therefrom. 

Sec.  12.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance, 


250  ORDINANCES  Ord.  No.  700 

or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  applica- 
tion thereof  so  held  invalid. 

Sec.  13.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning, 
building,  electrical,  plumbing,  health,  fire  or  safety  ordi- 
nance or  code  or  regulation,  the  applicable  provisions  con- 
cerned shall  be  construed  so  as  to  give  effect  to  each; 
provided,  however,  that  if  such  provisions  are  found  to  be 
in  irreconcilable  conflict,  the  provision  which  establishes 
the  higher  standard  for  the  promotion  and  protection  of 
the  public  health  and  safety  shall  prevail.  In  any  case 
where  a  provision  of  this  ordinance  is  found  to  be  in  con- 
flict with  an  existing  provision  of  any  other  ordinance  or 
code  or  regulation  in  force  in  the  City  of  Baltimore  which 
establishes  a  lower  standard  for  the  promotion  and  pro- 
tection of  the  public  health  and  safety,  the  provision  of 
this  ordinance  shall  prevail,  and  the  other  existing  provi- 
sion of  such  other  ordinance  or  code  or  regulation  is  hereby 
repealed  to  the  extent  that  it  may  be  found  in  conflict  with 
this  ordinance. 

Sec.  14.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  700 
(Council  No.  1436) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either   public  or   private  sale   in 


ORDINANCES  251 

accordance  with  Article  V,  Section  5(b)  of  the  City 
Charter,  all  of  the  interest  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  in  and  to  that  parcel  of  land  and  im- 
provements known  as  Lot  61  of  Block  5093,  Baltimore, 
Maryland,  said  property  being  no  longer  needed  for 
public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  pri- 
vate sale  in  accordance  with  Article  V,  Section  5(b)  of  the 
City  Charter,  all  of  the  interest  of  the  Mayor  and  City 
Council  of  Baltimore  in  and  to  that  parcel  of  land  situate 
in  Baltimore,  Maryland,  and  described  as  follows : 

BEGINNING  for  the  same  at  a  point  on  the  south  side 
of  Northern  Parkway,  varying  in  width,  as  authorized 
under  Ordinance  No.  891  approved  July  8,  1970  authorizing 
the  acquisition  of  properties  by  purchase  or  condemnation 
for  the  opening  of  Northern  Parkway,  distant  534  feet, 
more  or  less,  westerly  measured  along  the  south  side  of  said 
Northern  Parkway  from  the  west  side  of  York  Road,  as 
now  laid  out  80  feet  wide,  said  point  of  beginning  being 
on  the  second  line  of  the  parcel  of  land  conveyed  by  Floyd 
E.  Hock  and  wife  to  the  Mayor  and  City  Council  of  Balti- 
more by  deed  dated  November  10,  1971  and  recorded 
among  the  Land  Records  of  Baltimore  City  in  Liber  R.H.B. 
No.  2853,  Folio  377  and  running  thence  binding  on  part 
of  the  second  line  of  the  parcel  of  land  described  in  said 
deed,  to  the  end  thereof,  Southerly  38  feet,  more  or  less, 
to  intersect  the  tenth  line  of  the  first  parcel  of  land  con- 
veyed by  Schreiber  Bros.,  Incorporated  to  Morris  Shub  and 
Wife  by  deed  dated  May  7,  1963  and  recorded  among  said 
Land  Records  in  Liber  J.F.C.  No.  1484,  Folio  254 ;  thence 
binding  reversely  on  part  of  the  tenth  line  of  the  first 
parcel  of  land  described  in  last  said  deed,  to  the  beginning 
thereof,  Westerly  438  feet,  more  or  less;  thence  binding 
reversely  on  part  of  the  ninth  line  of  the  first  parcel  of 
land  described  in  last  said  deed,  Northerly  64  feet,  more 
or  less,  to  intersect  the  south  side  of  said  Northern  Park- 
way and  thence  binding  on  the  south  side  of  said  Northern 
Parkway,  Easterly  by  a  line  curving  to  the  right  with  a 
radius  of  3764.72  feet  the  distance  of  436  feet,  more  or 


252  ORDINANCES  Ord.  No.  701 

less,  to  the  place  of  beginning.  Containing  23,953  square 
feet,  more  or  less,  or  0.55  acre  of  land,  more  or  less. 

Said   property  being  no  longer  needed  for  public  use. 

Sec.  2.  And  be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  701 

(Council  No.  1437) 

An  Ordinance  approving  an  Urban  Renewal  Plan  for  Sand- 
town-Winchester,  bounded  generally  by  Lafayette  Ave- 
nue on  the  south,  Monroe  Street  on  the  west,  North 
Avenue  on  the  north,  and  Pennsylvania  and  Fremont 
Avenues  on  the  east,  excluding  a  portion  of  the  North 
Avenue  Transit  Station  Urban  Renewal  Area  and  the 
Lafayette  Square  Community  Center  Urban  Renewal 
Project  which  lie  within  these  general  boundaries;  au- 
thorizing the  acquisition  by  purchase  or  by  condemnation 
by  the  Mayor  and  City  Council  of  Baltimore,  for  urban 
renewal  purposes,  of  the  fee  simple  interest  or  any  lesser 
interest  in  and  to  certain  properties  within  Sandtown- 
Winchester;  providing  for  review  by  the  Department  of 
Housing  and  Community  Development  of  all  plans  for 
new  construction,  exterior  rehabilitation,  or  change  in 
use  within  Sandtown-Winchester ;  establishing  procedures 
for  the  issuance  and  denial  of  demolition  permits;  pro- 
viding that  in  selling  land  in  Sandtown-Winchester,  the 
Department  of  Housing  and  Community  Development 
shall  require  that  developers  agree  in  writing  not  to  dis- 
criminate in  the  sale,  lease,  use  or  occupancy  of  the 


ORDINANCES  253 

property  developed  by  them  against  any  person  because  of 
race,  CREED,  color,  sex,  or  national  origin;  waiving  such 
requirements,  if  any,  as  to  content  or  procedure  for  the 
preparation,  adoption  and  approval  of  Renewal  Plans  as 
set  forth  in  Ordinance  No.  152,  approved  June  28,  1968, 
as  amended  to  date,  which  the  Renewal  Plan  for  Sand- 
town-Winchester  may  not  meet;  providing  for  the  sep- 
arability of  the  various  parts  and  applications  of  this 
ordinance;  providing  that  where  the  provisions  of  this 
ordinance  shall  conflict  with  any  other  ordinance,  code 
or  regulation,  the  provision  which  establishes  the  higher 
standard  shall  prevail;  and  providing  for  the  effective 
date  hereof. 

Whereas,  the  area  known  as  "Sandtown-Winchester," 
bounded  generally  by  Lafayette  Avenue  on  the  south,  Mon- 
roe Street  on  the  west,  North  Avenue  on  the  north,  and 
Pennsylvania  and  Fremont  Avenues  on  the  east,  excluding 
a  portion  of  the  "North  Avenue  Transit  Station  Urban 
Renewal  Area",  as  designated  by  Ordinance  No.  383,  ap- 
proved June  28,  1977,  and  the  "Lafayette  Square  Commun- 
ity Center  Urban  Renewal  Project",  as  described  in  Ordi- 
nance No.  777,  approved  May  4,  1970,  lies  within  a  portion 
of  the  "Fremont-Monroe  Urban  Renewal  Area",  as  desig- 
nated by  Ordinance  No.  514,  approved  June  27,  1969,  and 
within  a  portion  of  the  "Mount  Royal-Fremont  Urban 
Renewal  Area",  as  designated  by  Ordinance  No.  875,  ap- 
proved May  22,  1957,  and  last  amended  by  Ordinance  No. 
578,  approved  August  21,  1969;  and 

Whereas,  under  Ordinance  No.  152,  approved  June  28, 
1968,  as  amended  by  Ordinance  No.  325,  approved  May 
31,  1977,  the  Department  of  Housing  and  Community  De- 
velopment is  authorized  to  prepare  and  administer  renewal 
plans  in  renewal  areas;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  Renewal  Plan  for  Sandtown- 
Winchester,  consisting  of  a  cover  page,  a  table  of  contents, 
thirteen  (13)  pages  of  text,  and  four  (4)  exhibits;  and 

Whereas,  the  Renewal  Plan  for  Sandtown-Winchester 
was  approved  by  the  Director  of  the  Department  of  Plan- 
ning on  January  25,  1978,  with  respect  to  its  conformity 


254  ORDINANCES  Ord.  No.  701 

as  to  the  Master  Plan;  the  detailed  location  of  any  public 
improvements  proposed  in  the  Renewal  Plan;  its  conform- 
ity to  the  rules  and  regulations  for  subdivisions;  and  its 
conformity  to  existing  zoning  classifications,  and  the  Re- 
newal Plan  was  approved  and  recommended  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Commissioner  of 
the  Department  of  Housing  and  Community  Development 
on  January  25,  1978;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Urban  Renewal  Plan  for  the  area 
known  as  Sandtown-Winchester,  as  hereinbelow  more  par- 
ticularly described,  is  hereby  approved,  and  the  Clerk  of  the 
City  Council  is  hereby  directed  to  file  a  copy  of  said  Re- 
newal Plan  with  the  Department  of  Legislative  Reference 
as  a  permanent  record  and  to  make  the  same  available  for 
public  inspection  and  information. 

Beginning  for  the  same  at  the  intersection  formed  by 
the  southwest  side  of  Fremont  Avenue  and  the  north  side 
of  Lafayette  Avenue;  thence  binding  on  the  north  side 
of  Lafayette  Avenue  westerly  to  intersect  the  west  side 
of  Parrish  Street ;  thence  binding  on  the  west  side  of  Par- 
rish  Street  northerly  to  intersect  the  northern  boundary 
line  of  Lot  47/51,  Block  75,  Section  11,  Ward  16;  thence 
binding  on  the  northern  boundary  line  of  said  Lot  47/51 
westerly  to  intersect  the  east  side  of  Gilmor  Street ; 

thence  binding  on  the  east  side  of  Gilmor  Street  southerly 
to  intersect  the  north  side  of  Lafayette  Avenue;  thence 
binding  on  the  north  side  of  Lafayette  Avenue  westerly 
to  intersect  the  west  side  of  Monroe  Street ;  thence  binding 
on  the  west  side  of  Monroe  Street  northerly  to  intersect  the 
center  line  of  North  Avenue;  thence  binding  on  the  center 
line  of  North  Avenue  easterly  to  intersect  a  line  extended 
northwesterly  from  the  east  side  of  Woodyear  Street; 
thence  binding  on  said  line  and  the  east  side  of  Woodyear 
Street  southerly  and  southeasterly  to  intersect  the  north- 
west side  of  Westwood  Avenue;  thence  binding  on  the 
northwest  side  of  Westwood  Avenue  northeasterly  to  in- 
tersect a  line  extended  northwesterly  from  the  northeast 
side  of  the  first  ten  foot  alley; 

thence  binding  on  said  line  and  the  northeast  side  of  said 


ORDINANCES  255 

alley  southeasterly,  CROSSING  ALLEGHANY  PLACE, 
AND  BINDING  ON  THE  NORTHEAST  SIDE  OF  A 
3'9"  ALLEY  to  intersect  the  northwest  boundary  of  Lots 

54  and  55,  Block  202  293,  Section  13,  Ward  15;  thence 
binding  on  the  northwest  boundary  of  said  Lots  54  and 

55  southwesterly  to  intersect  the  southwest  boundary  of 
said  Lot  55;  thence  binding  on  the  southwest  boundary 
of  said  Lot  55  southeasterly  to  intersect  the  northwest 
side  of  Cumberland  Street;  THENCE  BINDING  ON  THE 
NORTHWEST  SIDE  OF  CUMBERLAND  STREET  north- 
easterly to  intersect  a  line  extended  northerly  from  the 
northeast  side  of  Stockton  Street;  thence  binding  on  said 
line  and  the  northeast  side  of  Stockton  Street  southeasterly 
to  intersect  the  southeast  boundary  of  Lets  22  through  LOT 
28,  Block  297,  Section  13,  Ward  15; 

thence  binding  on  the  southeast  boundary  el  sa44  trets  22 
through  28  SAID  LINE  AND  THE  SOUTHEAST 
BOUNDARY  OF  LOTS  28  THROUGH  22/24,  BLOCK  297, 
northeasterly  to  intersect  the  southwest  side  of  Penn- 
sylvania Avenue;  thence  binding  on  the  southwest  side 
of  Pennsylvania  Avenue  southeasterly  to  intersect  the 
southwest  side  of  Fremont  Avenue;  thence  binding  on  the 
southwest  side  of  Fremont  Avenue  southeasterly  to  the 
point  of  beginning. 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary  to 
acquire,  by  purchase  e£  OR  by  condemnation,  for  urban  re- 
newal purposes,  the  fee  simple  interest  or  any  lesser  interest 
in  and  to  certain  properties  or  portions  thereof,  together 
with  all  right,  title,  interest,  and  estate  that  the  owner  or 
owners  of  said  property  interest  may  have  in  all  streets, 
alleys,  ways  or  lanes,  public  or  private,  both  abutting  the 
whole  area  described  and/or  contained  within  the  perimeter 
of  said  area,  situate  in  Baltimore  City,  Maryland,  and  de- 
scribed as  follows: 

1010  N.  Calhoun  Street 

901  N.  Fulton  Avenue 
903  N.  Fulton  Avenue 
905  N.  Fulton  Avenue 
907  N.  Fulton  Avenue 
909  N.  Fulton  Avenue 


256  ORDINANCES  Ord.  No.  701 

911  N.  Fulton  Avenue 
913  N.  Fulton  Avenue 
915  N.  Fulton  Avenue 
917  N.  Fulton  Avenue 
919  N.  Fulton  Avenue 
921  N.  Fulton  Avenue 
923  N.  Fulton  Avenue 
925  N.  Fulton  Avenue 
927  N.  Fulton  Avenue 
929  N.  Fulton  Avenue 

1125  N.  Gilmor  Street 

1127  N.  Gilmor  Street 

1131  N.  Gilmor  Street 

1137  N.  Gilmor  Street 

1704  McKean  Avenue 

1101  N.  Monroe  Street 

1013  N.  Mount  Street 
1015  N.  Mount  Street 
1023  N.  Mount  Street 
1103  N.  Mount  Street 
1107  N.  Mount  Street 
1109  N.  Mount  Street 
1111  N.  Mount  Street 
1113  N.  Mount  Street 

1301  N.  STRICKER  STREET 
1303  N.  STRICKER  STREET 
1305  N.  STRICKER  STREET 
1307  N.  STRICKER  STREET 
1309  N.  STRICKER  STREET 
1311  N.  STRICKER  STREET 
1313  N.  STRICKER  STREET 

LOT  86,  BLOCK  35,  SECTION  10,  WARD  15 
LOT  87,  BLOCK  35,  SECTION  10,  WARD  15 

Sec.  3.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire,  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  e£  OR  any  lesser 
interest  in  and  to  such  of  the  remaining  properties  or 
portions  thereof,  together  with  all  right,  title,   interest, 


ORDINANCES  257 

and  estate  that  the  owner  or  owners  of  said  property  in- 
terests may  have  in  all  streets,  alleys,  ways  or  lanes,  public 
or  private,  both  abutting  the  whole  area  described  and/or 
contained  within  the  perimeter  of  said  area  in  Sandtown- 
Winchester  not  specifically  designated  for  acquisition  in 
Section  2  of  this  ordinance,  as  may  be  deemed  necessary 
and  proper  by  the  Commissioner  of  the  Department  of 
Housing  and  Community  Development  to  effect  the  proper 
implementation  of  the  project.  These  properties  may  in- 
clude: 

(a)  any  property  in  the  project  area  containing  a  non- 
salvable  structure,  i.e.,  a  structure  which  in  the  opinion 
of  the  Commissioner  of  the  Department  of  Housing  and 
Community  Development  cannot  be  economically  rehabili- 
tated. 

(b)  any  property  the  owner  of  which  is  unable  or  un- 
willing to  comply  or  conform  to  the  codes  and  ordinances 
of  Baltimore  City  within  12  months  from  the  date  of  writ- 
ten notice  of  the  required  improvements,  the  Department 
of  Housing  and  Community  Development,  after  due  con- 
sideration that  the  property  owner  has  failed  to  achieve 
substantial  conformity  with  the  codes  and  ordinances  of 
Baltimore  City,  may  acquire  such  property  pursuant  to 
the  Eminent  Domain  Law  of  this  State  as  if  the  property 
had  originally  been  planned  for  acquisition  after  90  days 
written  notice  to  the  owner.  The  Department  of  Housing 
and  Community  DEVELOPMENT  reserves  the  right  to 
acquire  any  such  non-complying  property  for  a  period  of 
two  (2)  years  from  the  date  of  said  written  90  days  notice 
by  the  Department  of  Housing  and  Community  Develop- 
ment. 

Sec.  4.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation  for  urban 
renewal  purposes  the  fee  simple  interest,  or  any  lesser  in- 
terest, in  and  to  such  of  the  remaining  properties  or 
portions  thereof,  together  with  all  right,  title,  interest,  and 
estate  that  the  owner  or  owners  of  said  property  interests 
may  have  in  all  streets,  alleys,  ways  or  lanes,  public  or 
private,  abutting  said  properties  in  Sandtown-Winchester 
not  designated  for  acquisition  in  addition  to  those  proper- 


258  ORDINANCES  Ord.  No.  701 

ties  enumerated  in  Sections  2  and  3  of  this  ordinance,  in 
order  to  carry  out  rehabilitation  by  the  Department  of 
Housing  and  Community  Development  because: 

(a)  it  is  necessary  to  make  residential  structures  avail- 
able for  use  for  low-  and  moderate-income  families;  or 

(b)  rehabilitation  on  a  structure-by-structure  basis  is 
infeasible  and  assemblage  of  a  group  of  properties  is  re- 
quired to  carry  out  the  objectives  set  forth  in  the  Plan;  or 

(c)  rehabilitation  of  individual,  scattered  properties 
is  necessary  in  order  to  remove  blighting  influences  from 
otherwise  sound  residential  blocks. 

i . 

Sec.  5.  And  be  it  further  ordained,  That  upon  acquisi- 
tion of  the  properties  mentioned  in  Sections  3  and  4  of  this 
ordinance,  the  Department  of  Housing  and  Community 
Development  will  either: 

(a)  demolish  the  structure  or  structures  thereon  and 
dispose  of  the  land  for  redevelopment  for  uses  in  accord- 
ance with  the  Plan ;  or 

(b)  sell  or  lease  the  property  subject  to  rehabilitation 
in  conformance  with  the  codes  and  ordinances  of  Baltimore 
City;  or 

(c)  rehabilitate  the  property  in  conformance  with  the 
codes  and  ordinances  of  Baltimore  City  and  dispose  of  the 
property  in  accordance  with  the  applicable  regulations.  If 
sale  cannot  be  consummated  by  the  time  rehabilitation  is 
accomplished,  the  property  may  be  rented  pending  con- 
tinuing sale  efforts. 

Sec.  6.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  persons  and  in  such  manner  as  the  Board  of  Esti- 
mates, in  the  exercise  of  the  power  vested  in  it  by  Article 
V,  Section  5,  of  the  Baltimore  City  Charter,  may  hereafter 
from  time  to  time  designate,  is  or  are  authorized  to  acquire 
on  behalf  of  the  Mayor  and  City  Council  of  Baltimore  and 
for  the  purposes  described  in  this  ordinance,  the  fee  simple 
interest  or  any  lesser  interest  in  and  to  the  properties  or 
portions  thereof  hereinabove  mentioned.  If  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 


ORDINANCES  259 

or  such  person  or  persons  and  in  such  manner  as  the 
Board  of  Estimates,  in  the  exercise  of  the  power  vested  in 
it  by  Article  V,  Section  5,  of  the  Baltimore  City  Charter, 
may  hereafter  from  time  to  time  designate,  is  or  are  un- 
able to  agree  with  the  owner  or  owners  on  the  purchase 
price  for  said  properties  or  portions  thereof,  it  or  they 
shall  forthwith  notify  the  City  Solicitor  of  Baltimore  City, 
who  shall  thereupon  institute  in  the  name  of  the  Mayor 
and  City  Council  of  Baltimore  the  necessary  legal  pro- 
ceedings to  acquire  by  condemnation  the  fee  simple  interest 
or  any  lesser  interest  in  and  to  said  properties  or  portions 
thereof. 

Sec.  7.  And  be  it  further  ordained,  That  all  plans  for 
new  construction  (including  parking  lots),  exterior  reha- 
bilitation, or  change  in  use  on  any  property  not  to  be 
acquired  under  the  provisions  of  the  Plan  shall  be  sub- 
mitted to  the  Department  of  Housing  and  Community 
Development  for  review.  Only  upon  finding  that  the  pro- 
posed plans  are  consistent  with  the  objectives  of  the  Urban 
Renewal  Plan  shall  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development  authorize  the 
processing  of  the  plans  for  issuance  of  a  building  permit. 
The  provisions  of  this  section  are  in  addition  to  and  not  in 
lieu  of  all  other  applicable  laws  and  ordinances  relating  to 
new  construction. 

Sec.  8.  And  be  it  further  ordained,  That  all  applications 
for  demolition  permits  shall  be  submitted  to  the  Depart- 
ment of  Housing  and  Community  Development  for  review 
and  approval.  Upon  finding  that  the  proposed  demolition 
is  consistent  with  the  objectives  of  the  urban  renewal  plan, 
the  Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  shall  authorize  the  issuance  of  the 
necessary  permit.  If  the  Commissioner  finds  that  the  pro- 
posal is  inconsistent  with  the  objectives  of  the  urban  re- 
newal plan  and  therefore  denies  the  issuance  of  the  permit, 
within  90  days  of  such  denial,  he  shall  seek  approval  of  the 
Board  of  Estimates  to  acquire  for  and  on  behalf  of  the 
Mayor  and  City  Council  of  Baltimore  the  property,  in  whole 
or  in  part,  on  which  said  demolition  was  to  have  occurred 
by  purchase,  lease,  condemnation,  gift,  or  other  legal  means 
for  the  renovation,  rehabilitation  and  disposition  thereof. 


260  ORDINANCES  Ord.  No.  701 

In  the  event  that  the  Board  of  Estimates  does  not  authorize 
the  acquisition,  the  Commissioner  shall,  without  delay,  issue 
the  demolition  permit. 

Sec.  9.  And  be  it  further  ordained,  That  in  selling  or 
otherwise  disposing  of  property  in  the  Sandtown-Win- 
chester  area,  the  Department  of  Housing  and  Community 
Development  shall  require  that  the  developers  agree  in 
writing  not  to  discriminate  in  the  sale,  lease,  use  or  occu- 
pancy of  the  property  developed  by  them  against  any 
person  because  of  race,  creed,  color,  sex,  or  national  origin. 

Sec.  10.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  Renewal  Plan  approved  hereby  for  the 
Sandtown-Winchester  area  may  not  meet  the  requirements 
as  to  the  content  of  a  Renewal  Plan  or  the  procedure  for 
the  preparation,  adoption,  and  approval  of  Renewal  Plans 
as  provided  in  ORDINANCE  NO.  152,  APPROVED  JUNE 
28,  1968,  AS  AMENDED  BY  Ordinance  No.  325,  approved 
May  31,  1977,  the  said  requirements  are  hereby  waived 
and  the  Renewal  Plan  approved  hereby  is  exempted  there- 
from. 

Sec.  11.  And  be  it  further  ordained,  That  in  the  event 
it  be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance, 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall 
not  be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  appli- 
cation thereof  so  held  invalid. 

Sec.  12.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning, 
building,  electrical,  plumbing,  health,  fire  or  safety  ordi- 
nance or  code  or  regulation,  the  applicable  provisions  con- 
cerned shall  be  construed  so  as  to  give  effect  to  each;  pro- 
viding, however,  that  if  such  provisions  are  found  to  be 
in  irreconcilable  conflict,  the  provision  which  establishes 


ORDINANCES  261 

the  higher  standard  for  the  promotion  and  protection  of 
the  public  health  and  safety  shall  prevail.  In  any  case  where 
a  provision  of  this  ordinance  is  found  to  be  in  conflict 
with  an  existing  provision  of  any  other  ordinance  or  code 
or  regulation  in  force  in  the  City  of  Baltimore  which  estab- 
lishes a  lower  standard  for  the  promotion  and  protection 
of  the  public  health  and  safety,  the  provision  of  this  ordi- 
nance shall  prevail,  and  the  other  existing  provision  of  such 
other  ordinance  or  code  or  regulation  is  hereby  repealed  to 
the  extent  that  it  may  be  found  in  conflict  with  this 
ordinance. 

SBC.  13.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  702 
(Council  No.  1452) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City 
Charter,  all  of  the  interest  of  the  Mayor  and  City 
Council  of  Baltimore  in  and  to  those  parcels  of  land 
known  as  a  portion  of  a  10  foot  alley  laid  out  100  feet 
northwest  of  Langley  Street  and  contiguous  to  the  south- 
east side  thereof  and  extending  from  a  10  foot  alley  laid 
out  100  feet  east  of  Maisel  Street,  northeasterly  2  feet, 
more  or  less,  and  a  portion  of  a  10  foot  alley  laid  out  100 
feet  northwest  of  Langley  Street  and  contiguous  to  the 
northwest  side  thereof  and  extending  from  the  south- 
west outline  of  the  Western  Maryland  Railroad  Right  of 
Way,  southwesterly  68  feet,  Baltimore,  Maryland,  said 
property  being  no  longer  needed  for  public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 


262  ORDINANCES  Ord.  No.  702 

and  he  is  hereby  authorized  to  sell  at  either  public  or  pri- 
vate sale  in  accordance  with  Article  V,  Section  5(b)  of  the 
City  Charter,  all  of  the  interest  of  the  Mayor  and  City 
Council  of  Baltimore  in  and  to  those  parcels  of  land  situate 
in  Baltimore,  Maryland,  and  described  as  follows : 

BEGINNING  for  the  first  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  a  10  foot  alley  laid  out 
100  feet  northwest  of  Langley  Street,  as  now  laid  out  50 
feet  wide,  and  the  east  side  of  a  10  foot  alley  laid  out  100 
feet  east  of  Maisel  Street,  as  now  laid  out  50  feet  wide  and 
running  thence  binding  on  the  east  side  of  last  said  10  foot 
alley,  Northerly  3  feet  to  intersect  the  line  of  the  southwest 
outline  of  the  property  known  as  2220  Langley  Street,  if 
projected  northwesterly;  thence  binding  reversely  on  said 
line  so  projected,  Southeasterly  2  feet,  more  or  less,  to  in- 
tersect the  southeast  side  of  the  10  foot  alley  mentioned 
firstly  herein,  and  thence  binding  on  the  southeast  side  of 
the  10  foot  alley  mentioned  firstly  herein,  Southwesterly  2 
feet,  more  or  less,  to  the  place  of  beginning. 

BEGINNING  for  the  second  at  the  point  formed  by  the 
intersection  of  the  northwest  side  of  a  10  foot  alley  laid  out 
100  feet  northwest  of  Langley  Street  and  the  southwest 
outline  of  the  Western  Maryland  Railroad  Right  of  Way; 
thence  binding  on  the  southwest  outline  of  said  Western 
Maryland  Railroad  Right  of  Way,  Southeasterly  4  feet  to 
intersect  a  line  drawn  parallel  with  and  distant  4.00  feet 
southeasterly,  measured  at  right  angles  from  the  northwest 
side  of  said  10  foot  alley;  thence  binding  on  said  line  so 
drawn,  Southwesterly  23  feet;  thence  binding  on  a  line 
drawn  at  a  right  angle  to  said  line  so  drawn,  Southeasterly 
1  foot  to  intersect  a  line  drawn  parallel  with  and  distant 
5.00  feet  southeasterly,  measured  at  right  angles  from  the 
northwest  side  of  said  10  foot  alley ;  thence  binding  on  last 
said  line  so  drawn,  Southwesterly  45  feet;  thence  binding 
on  a  line  drawn  at  a  right  angle  to  last  said  line  so  drawn, 
Northwesterly  5  feet  to  intersect  the  northwest  side  of  said 
10  foot  alley  and  thence  binding  on  the  northwest  side  of 
said  10  foot  alley,  Northeasterly  68  feet  to  the  place  of 
beginning. 

Said  property  being  no  longer  needed  for  public  use. 


ORDINANCES  263 

SEC.  2.  Be  it  further  ordained,  That  no  deed  or  deeds  shall 
pass  in  accordance  herewith  until  the  same  shall  have  been 
first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  703 
(Council  No.  1456) 

An  Ordinance  to  amend  the  Renewal  Plan  for  the  Johnson 
Square  Urban  Renewal  Project,  which  Plan  was  approved 
by  Ordinance  No.  357,  dated  June  27,  1977  to,  among 
other  things,  (1)  change  the  name  of  the  Urban  Renewal 
Area  from  "JOHNSON"  Square  to  "JOHNSTON" 
Square;  (2)  authorize  the  acquisition  by  purchase  or  by 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more, for  urban  renewal  purposes,  of  certain  properties ; 
(3)  create  certain  new  disposition  parcels  and  corre- 
sponding standards  and  controls;  (4)  change  the  land 
use  of  certain  properties  from  Residential  to  Community 
Commercial;  AND  OF  501  E.  PRESTON  STREET 
FROM  INDUSTRIAL  TO  RESIDENTIAL;  (5)  pro- 
vide that  the  approval  of  said  Renewal  Plan  is  not  an 
enactment  of  any  of  the  amendments  to  the  Zoning  Ordi- 
nance proposed  therein;  (6)  revise  certain  exhibits  at- 
tached to  said  Plan  to  indicate  the  changes  provided 
herein;  and   (7)  provide  for  the  effective  date  hereof. 

Whereas,  a  Renewal  Plan  for  the  Johnson  Square  proj- 
ect was  approved  by  the  Mayor  and  City  Council  of  Balti- 
more by  Ordinance  No.  357,  dated  June  27, 1977 ;  and 

Whereas,  pursuant  to  Section  26,  Article  13,  of  the 
Baltimore  City  Code  (1966  Edition),  as  amended  by  Ordi- 
nance No.  152  approved  June  28,  1968  and  Ordinance  No. 
325  approved   May   31,   1977,   no  substantial   change   or 


264  ORDINANCES  Ord.  No.  703 

changes  shall  be  made  in  any  renewal  plan,  after  approval 
by  ordinance,  without  such  change  or  changes  first  being 
adopted  and  approved  in  the  same  manner  as  set  forth  in 
said  Section  26  for  the  approval  of  a  renewal  plan,  namely 
the  preparation  of  such  change  or  changes  by  the  Depart- 
ment of  Housing  and  Community  Development,  the  ap- 
proval of  such  change  or  changes  by  the  Director  of  the 
Department  of  Planning,  and  approval  and  adoption  by  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore  after 
a  public  hearing  in  relation  thereto,  all  in  the  manner 
set  forth  in  said  Section  26;  and 

Whereas,  said  Amendment  No.  1  to  the  Renewal  Plan  for 
Johnson  Square  has  been  approved  by  the  Director  of  the 
Department  of  Planning  on  February  8,  1978  with  respect 
to  its  conformity  as  to  the  Master  Plan ;  the  detailed  location 
of  any  public  improvements  proposed  in  the  amended  Re- 
newal Plan ;  its  conformity  to  the  rules  and  regulations  for 
subdivisions;  and  all  zoning  changes  proposed  in  the 
amended  Renewal  Plan ;  and  said  Amendment  No.  1  to  the 
Renewal  Plan  has  been  approved  and  recommended  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Commissioner 
of  the  Department  of  Housing  and  Community  Develop- 
ment on  February  9, 1978 ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendments  and  changes 
to  the  Renewal  Plan  for  the  Johnson  Square  Urban  Re- 
newal Project,  having  been  duly  reviewed  and  considered, 
are  hereby  approved  and  the  Clerk  of  the  City  Council  is 
hereby  directed  to  file  a  copy  of  said  Renewal  Plan  revised 
to  include  Amendment  No.  1,  dated  January  25,  1978,  with 
the  Department  of  Legislative  Reference  as  a  permanent 
public  record  and  make  the  same  available  for  public  in- 
spection and  information. 

1.  Change  the  spelling  from  "JOHNSON"  Square  to 
"JOHNSTON"  Square  as  it  appears  throughout  the  Urban 
Renewal  Plan  text  and  exhibits. 

2.  In  the  Table  of  Contents,  page  i,  change  the  title  of 
paragraph  reference  B.l.c.  from  "Wholesale/ Service  Com- 
mercial" to  "Commercial" ;  on  page  ii  of  the  Table  of  Con- 
tents, add  "APPENDIX  B:  PROPERTIES  FOR  ACQUI- 


ORDINANCES  265 

SIT  I  ON  AND  DISPOSITION  FOR  REHABILITATION", 

and  under  the  section  entitled  "EXHIBITS",  add  ",  dated 
2/16/77  as  revised  1/25/78"  beside  each  of  the  four 
exhibits. 

3.  In  Section  B.I.,  entitled  "Permitted  Land  Use",  page 
3,  line  14,  and  Section  B.l.c,  page  4,  lines  7  and  8,  change 
"Wholesale/Service  Commercial"  to  "Commercial". 

4.  In  Section  B.l.e.,  entitled  "Non-Conforming  Uses", 
page  4,  line  27,  add  the  following  after  the  word  "estab- 
lished" : 

"between  the  date  of  the  survey  on  which  Appendix  A 
is  based  and  the  approval  of  this  Plan  AS  IT  MAY  BE 
SUBSEQUENTLY  AMENDED  by  the  Mayor  and  City 
Council  of  Baltimore". 

5.  In  Section  B.2.a.(4),  entitled  "Provisions  Applicable 
to  Land  and  Property  to  be  Acquired  for  Clearance  and  Re- 
development", page  6,  add  paragraphs  "(c)"  and  "(d)",  as 
follows : 

"(c)     Disposition  Lot  2 — Commercial 

The  use  of  Disposition  Lot  2  shall  be  limited  to  a  paved 
service  area  for  the  storage  of  transfer  trucks  and  acces- 
sory equipment. 

(d)     Disposition  Lot  2 A — Commercial 

The  use  of  Disposition  Lot  2A  shall  be  limited  to  a  side 
yard  for  adjacent  property." 

6.  In  Section  C.l.a.M2),  entitled  "Rehabilitation  by 
the  Department  of  Housing  and  Community  Development 
or  others",  subparagraph  "(a)",  line  19  on  page  8,  change 
the  word  "and"  to  "or". 

7.  In  Section  C.4.a.(2),  entitled  "Land  not  to  be  Ac- 
quired", on  page  9,  add  "and  (3)"  after  "B.2.b.(2)". 

8.  In  Section  C.6.,  entitled  "Zoning"  page  10,  line  25, 
delete  lines  26  and  27  and  add  "All  appropriate  provisions 
of  the  Zoning  Ordinance  of  Baltimore  City  shall  apply  to 
properties  in  Johnston  Square.  In  order  to  implement  the 
Urban  Renewal  Plan,  zoning  district  changes  as  designated 
on  Exhibit  4,  Zoning  Districts  Map,  will  be  required.  These 
changes  will  require  an  amendment  to  the  Zoning  Ordi- 


266  ORDINANCES  Ord.  No.  703 

nance.  Action  to  this  effect  will  be  initiated  during  the 
execution  of  this  Plan." 

9.  Delete  Appendix  A,  entitled  "NON-CONFORMING 

USES",  pages  12  and  13,  and  insert  in  lieu  thereof  revised 
Appendix  A. 

10.  Add  Appendix  B,  entitled  "PROPERTIES  FOR 
ACQUISITION  AND  DISPOSITION  FOR  REHABILI- 
TATION", pages  14  and  15. 

11.  Delete  Exhibits  1  through  4,  dated  "2/16/77"  from 
the  Plan  and  insert  in  lieu  thereof  revised  Exhibits  1 
through  4,  dated  "1/25/78". 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire,  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser  in- 
terest in  and  to  certain  properties  or  portions  thereof, 
together  with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both  abut- 
ting the  whole  area  described  and/or  contained  within  the 
perimeter  of  said  area,  situate  in  Baltimore  City,  Mary- 
land, and  described  as  follows : 


703 

E.  Biddle  Street 

706 

E.  Biddle  Street 

708 

E.  Biddle  Street 

709 

E.  Biddle  Street 

719 

E.  Biddle  Street 

724 

E.  Biddle  Street 

732 

E.  Biddle  Street 

1003 

N.  Central  Avenue 

1004-06  N.  Central  Avenue 

1005 

N.  Central  Avenue 

1007 

N.  Central  Avenue 

1009 

N.  Central  Avenue 

1011 

N.  Central  Avenue 

1013 

N.  Central  Avenue 

1015 

N.  Central  Avenue 

1017 

N.  Central  Avenue 

1019 

N.  Central  Avenue 

1021 

N.  Central  Avenue 

ORDINANCES  267 


1022 

N.  Central  Avenue 

1023 

N.  Central  Avenue 

1024 

N.  Central  Avenue 

1025 

N.  Central  Avenue 

1026 

N.  Central  Avenue 

1029 

N.  Central  Avenue 

1030 

N.  Central  Avenue 

1031 

N.  Central  Avenue 

1033 

N.  Central  Avenue 

1035 

N.  Central  Avenue 

1036 

N.  Central  Avenue 

1037 

N.  Central  Avenue 

1039 

N.  Central  Avenue 

1041 

N.  Central  Avenue 

1043 

N.  Central  Avenue 

1045 

N.  Central  Avenue 

1046 

N.  Central  Avenue 

1049 

N.  Central  Avenue 

1051 

N.  Central  Avenue 

1053 

N.  Central  Avenue 

1209 

Greenmount  Avenue 

1211 

Greenmount  Avenue 

1225 

Greenmount  Avenue 

1227 

Greenmount  Avenue 

1229 

Greenmount  Avenue 

1231 

Greenmount  Avenue 

1233 

Greenmount  Avenue 

1022 

Homewood  Avenue 

1024 

Homewood  Avenue 

1026 

Homewood  Avenue 

1028 

Homewood  Avenue 

1202 

Homewood  Avenue 

707 

Mura  Street 

711 

Mura  Street 

715 

Mura  Street 

721 

Mura  Street 

727 

Mura  Street 

714 

E.  Preston  Street 

716 

E.  Preston  Street 

721 

E.  Preston  Street 

268  ORDINANCES  Ord.  No.  703 

1300  Wirton  Street 
1302  Wirton  Street 
1304         Wirton  Street 

Sec.  3.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore  and  for  the  purposes  described  in  this  ordinance, 
the  fee  simple  interest  or  any  lesser  interest  in  and  to  the 
properties  or  portions  thereof  hereinabove  mentioned.  If 
the  said  Real  Estate  Acquisition  Division  of  the  Depart- 
ment of  the  Comptroller,  or  such  person  or  persons,  and  in 
such  manner  as  the  Board  of  Estimates  in  the  exercise  of 
the  power  vested  in  it  by  Article  V,  Section  5,  of  the  Balti- 
more City  Charter,  may  hereafter  from  time  to  time  desig- 
nate, is  or  are  unable  to  agree  with  the  owner  or  owners 
on  the  purchase  price  for  said  properties  or  portions 
thereof,  it  or  they  shall  forthwith  notify  the  City  Solicitor 
of  Baltimore  City,  who  shall  thereupon  institute  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore,  the  nec- 
essary legal  proceedings  to  acquire  by  condemnation  the 
fee  simple  interest  or  any  lesser  interest  in  and  to  said 
properties  or  portions  thereof. 

Sec.  4.  And  be  it  further  ordained,  That  the  approval  of 
Amendment  No.  1  to  the  Urban  Renewal  Plan  for  Johnson 
Square  shall  not  be  construed  as  an  enactment  of  such 
amendments  to  the  Zoning  Ordinance  as  are  proposed  in 
said  Urban  Renewal  Plan. 

Sec.  5.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  the  Johnson  Square  Urban  Renewal  project  may  not 
meet  the  requirements  as  to  the  content  of  a  renewal  plan 
or  the  procedures  for  the  preparation,  adoption,  and  ap- 
proval of  renewal  plans,  as  provided  in  Ordinance  No.  152 
approved  June  28,  1968,  and  Ordinance  No.  325  approved 
May  31,  1977,  the  said  requirements  are  hereby  waived  and 


ORDINANCES  26? 

the  amended  Renewal  Plan  approved  hereby  is  exempted 
therefrom. 

Sec.  6.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  applica- 
tion thereof  so  held  invalid. 

SEC.  7.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  stand- 
ard for  the  promotion  of  the  public  health  and  safety  shall 
prevail.  In  any  case  where  a  provision  of  this  ordinance  is 
found  to  be  in  conflict  with  an  existing  provision  of  any 
other  ordinance  or  code  or  regulation  in  force  in  the  City  of 
Baltimore  which  establishes  a  lower  standard  for  the  pro- 
motion and  protection  of  the  public  health  and  safety,  the 
provision  of-  this  ordinance  shall  prevail,  and  the  other 
existing  provision  of  such  other  ordinance  or  code  or  regu- 
lation is  hereby  repealed  to  the  extent  that  it  may  be  found 
in  conflict  with  this  ordinance. 

Sec.  8.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  25,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


270  ORDINANCES  Ord.  No.  704 

No.  704 
(Council  No.  1473) 

An  Ordinance  authorizing  and  providing  for  the  issuance 
and  sale  by  Mayor  and  City  Council  of  Baltimore  of  its 
industrial  development  revenue  bond,  to  be  designated 
"City  of  Baltimore,  Maryland  Industrial  Development 
Revenue  Bond  (Ansam  Metals  Corporation  Project)",  in 
the  principal  amount  of  $750,000,  pursuant  to  the  provi- 
sions of  Sections  266A  to  266-1,  inclusive,  of  Article  41 
of  the  Annotated  Code  of  Maryland  (1971  Rep.  Vol.,  1977 
Cum.  Supp.),  as  amended,  in  order  to  loan  the  proceeds 
thereof  to  Ansam  Metals  Corporation,  a  Maryland  cor- 
poration, for  the  sole  and  exclusive  purpose  of  financing 
the  acquisition  by  Ansam  Metals  Corporation  of  certain 
industrial  buildings  in  the  City  of  Baltimore,  as  provided 
in  this  Ordinance;  making  certain  legislative  findings, 
among  others,  concerning  the  public  benefit  and  purpose 
of  such  industrial  development  revenue  bond;  providing 
that  such  industrial  development  revenue  bond  (a)  shall 
be  payable  solely  and  only  from  (i)  revenue  derived  from 
payments  by  Ansam  Metals  Corporation  to  Mayor  and 
City  Council  of  Baltimore  on  account  of  such  loan,  (ii) 
any  and  all  moneys  realized  from  the  sale  of  collateral 
(including  such  industrial  buildings)  for  such  loan,  and 
(iii)  any  and  all  moneys  received  under  the  guaranty 
agreement  hereinafter  mentioned,  and  (b)  shall  not  ever 
constitute,  within  the  meaning  of  any  constitutional  or 
charter  provision  or  otherwise,  (i)  an  indebtedness  of 
Mayor  and  City  Council  of  Baltimore  or  of  any  other  polit- 
ical subdivision,  or  (ii)  a  charge  against  the  general  credit 
or  taxing  powers  of  Mayor  and  City  Council  of  Baltimore ; 
authorizing  the  private  (negotiated)  sale  of  such  in- 
dustrial development  revenue  bond;  prescribing  certain 
details  pertaining  to  such  industrial  development  revenue 
bond,  including  (without  limitation)  (a)  the  amount,  date 
and  maturity  thereof,  (b)  the  interest  rate  to  be  paid 
thereon,  (c)  the  prepayment  provisions  relating  thereto, 
(d)  the  form  and  tenor  thereof,  and  (e)  the  terms  and 
conditions  thereof  and  security  therefor;  approving  the 
form  and  contents,  and  authorizing  the  execution  and 
delivery,  of  various  documents  necessary  to  effectuate 


ORDINANCES  271 

the  aforementioned  borrowing  and  lending,  including  (a) 
such  industrial  development  revenue  bond,  (b)  the  loan 
agreement  between  Mayor  and  City  Council  of  Baltimore 
and  Ansam  Metals  Corporation  evidencing  the  aforesaid 
loan,  (c)  the  assignment  by  which  Mayor  and  City  Coun- 
cil of  Baltimore  assigns  its  rights  in  and  to  the  loan 
agreement  and  the  deed  of  trust  referred  to  below  as 
security  for  such  industrial  development  revenue  bond, 
(d)  the  trust  agreement  between  Ansam  Metals  Cor- 
poration and  certain  individual  trustees  designated  by  the 
purchaser  of  such  industrial  development  revenue  bond 
pursuant  to  which  the  proceeds  of  such  loan  are  to  be 
deposited  in  trust  and  held,  invested  and  disbursed  by 
such  individual  trustees  as  therein  provided;  describing 
and  authorizing  approval  of  various  other  documents 
necessary  to  secure  and  guarantee  the  aforementioned 
borrowing,  including  (a)  the  deed  of  trust  between  Ansam 
Metals  Corporation  and  certain  individual  trustees  desig- 
nated by  the  purchaser  of  such  industrial  development 
revenue  bond,  covering  such  industrial  buildings  and  the 
land  appurtenant  thereto  as  security  for  such  loan,  and 
(b)  the  guaranty  agreement  to  be  executed  and  delivered 
by  Ansam  Metals  Corporation,  pursuant  to  which  Ansam 
Metals  Corporation  fully  and  unconditionally  guarantees 
the  payment  of  the  principal  of  and  interest  on  such  in- 
dustrial development  revenue  bond;  and  generally  pro- 
viding for  and  determining  various  matters  in  connection 
with  the  authorization,  issuance,  security,  sale,  and  pay- 
ment of  such  industrial  development  revenue  bond. 

RECITALS 

Sections  266A  to  266-1,  inclusive,  of  Article  41,  of  the 
Annotated  Code  of  Maryland  (1971  Rep.  Vol.,  1977  Cum. 
Supp.),  as  amended,  (the  "Act")  empowers  all  counties 
and  municipalities  of  the  State  of  Maryland  to  issue 
revenue  bonds  and  to  loan  the  proceeds  of  the  sale  of 
such  revenue  bonds  to  an  industrial  concern  to  finance 
the  acquisition  (as  defined  in  the  Act)  by  such  industrial 
concern  of  industrial  buildings  (as  defined  in  the  Act). 
The  Act  declares  it  to  be  the  legislative  purpose  to  re- 
lieve conditions  of  unemployment  in  the  State,  to  encour- 
age the  increase  of  industry  and  a  balanced  economy  in 


272  ORDINANCES  Ord.  No.  704 

the  State,  to  assist  in  the  retention  of  existing  industry 
in  the  State  through  the  control,  reduction  or  abatement 
of  pollution  of  the  environment  (where  proceeds  of  the 
bonds  are  used  for  that  purpose),  to  promote  economic 
development,  to  protect  natural  resources  and  in  this 
manner  to  promote  the  health,  welfare  and  safety  of  the 
residents  of  each  of  the  counties  and  municipalities  of  the 
State  of  Maryland. 

Mayor  and  City  Council  of  Baltimore  (the  "City")  has 
determined  to  issue  and  sell  its  City  of  Baltimore,  Mary- 
land Industrial  Development  Revenue  Bond  (Ansam 
Metals  Corporation  Project),  in  the  principal  amount  of 
$750,000  (the  "Bond"),  and  to  loan  the  proceeds  of  the 
Bond  to  Ansam  Metals  Corporation,  a  Maryland  corpora- 
tion (the  "Company"),  and  an  industrial  concern  as  men- 
tioned in  the  Act,  on  the  terms  and  conditions  set  forth 
in  the  Loan  Agreement  to  be  entered  into  by  and  between 
the  City  and  the  Company  (the  "Loan  Agreement"),  as 
provided  by  this  Ordinance  (such  loan  being  herein  re- 
ferred to  as  the  "Loan"),  in  order  to  finance  the  acquisi- 
tion (within  the  meaning  of  the  Act)  by  the  Company 
of  certain  industrial  buildings  (within  the  meaning  of  the 
Act)  in  the  City  of  Baltimore  (the  "Industrial  Build- 
ings"), in  order  to  relieve  conditions  of  unemployment  in 
the  State  of  Maryland  and  in  the  City  of  Baltimore,  and 
thus  encourage  economic  development,  and  to  protect  the 
health,  welfare  and  safety  of  the  citizens  of  the  State  of 
Maryland  and  the  City  of  Baltimore. 

The  Bond  will  be  sold  at  private  (negotiated)  sale  to 
The  Equitable  Trust  Company,  a  Maryland  banking  cor- 
poration (the  "Bank"). 

The  Company  will  execute  and  deliver  to  the  Bank  as 
agent  for  the  holder  of  the  Bond  (hereinafter  defined) 
(a)  a  Deed  of  Trust  between  the  Company  and  certain 
individual  trustees  designated  by  the  Bank  (the  "Deed  of 
Trust"),  conveying  the  Industrial  Buildings  and  the  land 
appurtenant  thereto  to  such  trustees  as  security  for  the 
Loan;  and  (b)  a  Guaranty  Agreement  pursuant  to  which 
the  Company  will  fully  and  unconditionally  guarantee  to 
the  Bank  as  agent  for  the  holder  of  the  Bond  the  payment 
of  the  principal  of  and  interest  on  the  Bond. 


ORDINANCES  273 

In  order  to  insure  that  the  proceeds  of  the  Bond  (and 
the  Loan)  will  be  used  for  the  purposes  set  forth  in  the 
Act,  the  Company  will  enter  into  a  Trust  Agreement  with 
certain  individual  trustees  designated  by  the  Bank  (the 
"Trust  Agreement"),  pursuant  to  which  the  proceeds  of 
the  Loan  will  be  deposited  with  such  trustees  and  held, 
invested  and  disbursed  by  such  trustees  as  therein 
provided. 

This  Ordinance  authorizes  and  empowers  the  City  to 
enter  into  and  consummate  a  transaction  which  the  Com- 
pany proposed  to  the  City  in  accordance  with  Section 
266B(d)  of  the  Act  by  a  letter  of  intent  dated  December 
9,  1977,  which  letter  of  intent  was  approved  by  the 
Board  of  Estimates  of  the  City  and  accepted  by  the 
Mayor  of  the  City  on  February  1,  1978,  subject  to  the 
passage  of  this  Ordinance. 

NOW,  THEREFORE,  in  accordance  with  the  terms  and 
provisions  of  the  Act  and  the  Charter  of  Mayor  and  City 
Council  of  Baltimore: 


Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  acting  pursuant  to  the  Act,  it  is  hereby 
found  and  determined  as  follows : 

(1)  The  issuance  and  sale  of  the  Bond  by  the  City  pur- 
suant to  the  Act  in  order  to  lend  the  proceeds  thereof  to 
the  Company  for  the  sole  and  exclusive  purpose  of  financing 
the  acquisition  (within  the  meaning  of  the  Act)  of  the 
Industrial  Buildings  will  facilitate  and  expedite  the  acqui- 
sition of  the  Industrial  Buildings  by  the  Company; 

(2)  The  acquisition  of  the  Industrial  Buildings  by  the 
Company  and  the  financing  thereof  as  provided  in  this  Ordi- 
nance will  promote  the  declared  legislative  purposes  of  the 
Act  by  (a)  sustaining  jobs  and  employment,  thus  relieving 
conditions  of  unemployment  in  the  State  of  Maryland  and 
in  the  City  of  Baltimore;  (b)  encouraging  the  increase  of 
industry  and  a  balanced  economy  in  the  State  of  Maryland 
and  in  the  City  of  Baltimore;  (c)  assisting  in  the  retention 
of  existing  industry  in  the  State  of  Maryland  and  in  the 
City  of  Baltimore;  (d)  promoting  economic  development; 
and   (e)   promoting  the  health,  welfare  and  safety  of  the 


274  ORDINANCES  Ord.  No.  704 

residents  of  the  City  of  Baltimore  and  of  the  State  of 
Maryland. 

(3)  In  addition  to  authorizing  the  City  itself  to  acquire 
the  Industrial  Buildings  and  either  to  lease  or  to  sell  the 
same  to  the  Company,  the  Act  as  an  alternative  procedure, 
also  authorizes  industrial  building  financing  to  be  accom- 
plished in  the  form  of  a  loan  to  the  Company.  The  loan  form 
of  transaction  avoids  indirect  costs  and  burdens  on  the  City 
by  not  requiring  any  direct  involvement  by  the  City  in  the 
acquisition,  ownership  or  administration  of  the  Industrial 
Buildings,  while  permitting  ample  controls  to  be  imposed 
on  the  use  of  the  proceeds  of  the  Bond  to  insure  that  the 
public  purposes  of  the  Act  and  the  Bond  are  fully  accom- 
plished. It  is,  therefore,  in  the  best  interests  of  the  citizens 
of  the  City,  to  finance  the  acquisition  of  the  Industrial 
Buildings  by  a  loan  to  the  Company.  This  Ordinance  con- 
templates and  authorizes  a  transaction  in  the  form  of  a  loan 
of  the  proceeds  of  the  Bond  by  the  City  to  the  Company, 
rather  than  a  transaction  in  the  form  of  a  lease  or  sale  of 
the  Industrial  Buildings.  Accordingly,  this  Ordinance,  to- 
gether with  the  Loan  Agreement  authorized  hereby,  con- 
tains such  provisions  as  the  City  deems  appropriate  to  effect 
the  financing  of  the  acquisition  by  the  Company  of  the 
Industrial  Buildings  by  the  loan  form  of  transaction. 

(4)  Neither  the  Bond,  nor  the  interest  thereon,  will 
constitute  (a)  a  general  obligation  of  the  City,  or  (b)  a 
charge  against,  or  pledge  of  the  general  credit  or  taxing 
powers  of  the  City,  or  (c)  a  debt  of  the  City,  all  within  the 
meaning  of  Section  7  of  Article  XI  of  the  Constitution  of 
Maryland  or  any  other  constitutional,  statutory  or  charter 
provision  or  limitation,  and  neither  shall  ever  constitute  or 
give  rise  to  any  pecuniary  liability  on  the  part  of  the  City. 
The  principal  of  and  interest  on  the  Bond  shall  be  payable 
from,  and  secured  by,  (a)  an  assignment  of  (i)  the  revenues 
realized,  and  the  collateral  pledged,  under  the  Loan  Agree- 
ment and  (ii)  the  City's  right,  title  and  interest  in  and  to, 
and  remedies  under  the  Deed  of  Trust.  The  principal  amount 
of  the  Loan  and  the  repayments  to  be  made  by  the  Company 
pursuant  to  the  Loan  Agreement  authorized  hereby  will  be 
paid  directly  to  the  Bank  to  be  held  and  disbursed  by  the 
Bank  as  agent  for  the  holder  of  the  Bond  as  provided  in  this 


ORDINANCES  275 

Ordinance.  No  such  moneys  will  be  commingled  with  the 
City's  funds  or  will  be  subject  to  the  absolute  control  of  the 
City,  but  only  to  such  limited  supervision  and  checks  as  are 
deemed  necessary  or  desirable  by  the  City  to  insure  that 
the  proceeds  of  the  Bond  are  used  to  accomplish  the  public 
purposes  of  the  Act  and  this  Ordinance.  The  transactions 
authorized  hereby  do  not  constitute  the  acquisition  of  prop- 
erty for  public  use  or  the  purchase  of  equipment  for  public 
use.  The  public  purposes  expressed  in  the  Act  are  to  be 
achieved  by  facilitating  the  acquisition  of  the  Industrial 
Buildings  by  the  Company. 

(5)  The  City  will  acquire  no  interest  in  the  Industrial 
Buildings  other  than  the  interest  granted  under  the  Deed 
of  Trust  and  any  general  interest  in  the  Company's  prop- 
erty shared  by  all  holders  of  the  Company's  obligations 
which  rank  and  are  secured  equally  with  the  Company's 
obligation  pursuant  to  the  Loan  Agreement.  The  security 
for  the  Bond  shall  be  solely  and  exclusively  (a)  the  abso- 
lute, irrevocable  and  unconditional  obligation  of  the  Com- 
pany to  make  the  payments  required  by  the  Loan  Agreement, 
(b)  moneys  realized  from  any  and  all  collateral  (including 
the  Industrial  Buildings)  pledged  as  security  for  the  Loan, 
and  (c)  the  full  and  unconditional  guaranty  by  the  Com- 
pany of  the  payment  of  the  principal  of  and  interest  on  the 
Bond. 

(6)  None  of  the  receipts  and  revenues  of  the  City  from 
the  Loan  Agreement  shall  be  set  aside  as  a  depreciation 
account  (mentioned  in  the  Act),  since  neither  the  City  nor 
the  Bank  desire,  or  are  creating,  any  interest  in  the  Indus- 
trial Buildings  (other  than  the  interest  created  under  the 
Deed  of  Trust  and  any  interest  shared  by  all  holders  of  the 
Company's  obligations  ranking  on  a  parity  with  the  Com- 
pany's obligation  pursuant  to  the  Loan  Agreement).  Such  a 
depreciation  account  would  (i)  be  inconsistent  with  the 
transaction  authorized  hereby,  and  (ii)  place  an  unreason- 
able burden  on  the  Company  so  as  to  adversely  affect  the 
feasibility  of  the  transaction  and  thus  frustrate  the  legis- 
lative purposes  of  the  Act. 

(7)  The  best  interests  of  the  City  will  be  served  by 
selling  the  Bond  to  the  Bank  at  private  (negotiated)  sale, 
as  authorized  by  the  Act,  upon  terms  and  conditions  ap- 
proved by  the  City  as  set  forth  in  this  Ordinance. 


276  ORDINANCES  Ord.  No.  704 

Sec.  2.  Be  it  further  ordained,  That  the  following  terms 
shall  have  the  following  meanings  for  all  purposes  of  this 
Ordinance,  unless  the  context  clearly  otherwise  requires: 

"Acquisition"  or  "acquisition"  means,  when  used  in  re- 
gard to  the  Industrial  Buildings,  the  acquisition  of  the  In- 
dustrial Buildings  as  such  meaning  is  intended  in  the  Act, 
and  shall  include,  v/here  applicable,  and  without  limitation, 
the  purchase,  construction,  rehabilitation,  remodeling,  ex- 
tension, equipping  and  permanent  improvement  of  the  In- 
dustrial Buildings. 

"Act"  means  Chapter  352  enacted  by  the  1972  Session 
of  the  General  Assembly  of  Maryland,  as  amended,  being 
Sections  266A  to  266-1,  inclusive,  of  Article  41  of  the  Anno- 
tated Code  of  Maryland  (1971  Rep.  Vol.,  1977  Cum.  Supp.), 
as  amended. 

"Assignment"  means  the  Assignment  by  which  the  City 
assigns  to  the  Bank  as  agent  for  the  holder  of  the  Bond 
all  of  its  right,  title  and  interest  in  and  to,  and  remedies 
under,  the  Loan  Agreement  and  moneys  due  and  to  become 
due  thereunder,  and  all  collateral  pledged  thereunder,  and 
all  of  its  right,  title  and  interest  in  and  to,  and  remedies 
under,  the  Deed  of  Trust,  all  as  set  forth  therein,  which 
Assignment  shall  be  substantially  in  the  form  set  forth 
in  Section  12  of  this  Ordinance. 

"Bank"  means  The  Equitable  Trust  Company,  a  Mary- 
land banking  corporation,  its  successors  and,  except  for  a 
subsequent  purchaser  of  the  Bond,  its  assigns. 

"Bank  as  agent  for  the  holder  of  the  Bond"  means  the 
Bank  acting  in  its  fiduciary  capacity  as  agent  for  the  holder 
of  the  Bond,  performing  the  functions  described  in  this 
Ordinance  and  in  the  Assignment. 

"Bond"  means  the  City's  City  of  Baltimore,  Maryland 
Industrial  Development  Revenue  Bond  (Ansam  Metals  Cor- 
poration Project)  in  the  principal  amount  of  $750,000  to 
be  issued  and  sold  pursuant  to  this  Ordinance  without  pe- 
cuniary liability  on  the  part  of  the  City  as  therein  set  forth, 
which  Bond  shall  be  substantially  in  the  form  set  forth  in 
Section  3  of  this  Ordinance.  In  the  event  the  Bond  is  at  any 
time  exchanged  for  serial  bonds  as  set  forth  in  Section  9 


ORDINANCES  277 

of  this  Ordinance,  then,  and  in  that  event,  the  term  "Bond" 
shall  mean  such  serial  bonds. 

"City"  means  Mayor  and  City  Council  of  Baltimore,  a 
body  politic  and  corporate  and  a  political  subdivision  of  the 
State  of  Maryland,  its  successors  and  assigns. 

"Company"  means  Ansam  Metals  Corporation,  a  Mary- 
land corporation,  its  successors  and  permitted  assigns. 

"Deed  of  Trust"  means  the  first  lien  Deed  of  Trust  to  be 
dated  as  of  the  date  of  delivery  of  the  Bond,  between  the 
Company  and  certain  individual  trustees  designated  by  the 
Bank,  covering  the  Industrial  Buildings  and  the  land  ap- 
purtenant thereto  as  security  for  the  Loan,  which  Deed  of 
Trust  shall  be  in  a  form  and  contain  such  provisions  as  the 
Mayor  of  the  City  shall  approve,  as  set  forth  in  Section  14 
of  this  Ordinance. 

"Guaranty  Agreement"  means  the  Guaranty  Agreement  to 
be  dated  as  of  the  date  of  delivery  of  the  Bond,  to  be  exe- 
cuted and  delivered  to  the  Bank  by  the  Company  whereby 
the  Company  fully  and  unconditionally  guarantees  to  the 
Bank  as  agent  for  the  holder  of  the  Bond  the  payment  of 
the  principal  of  and  interest  on  the  Bond.  The  Guaranty 
Agreement  shall  be  in  such  form  and  contain  such  provi- 
sions as  the  Mayor  of  the  City  shall  approve,  as  set  forth 
in  Section  15  of  this  Ordinance. 

"Holder  of  the  Bond"  or  "holder  of  the  Bond"  means  the 
registered  owner  of  the  Bond,  which  may  be  the  Bank. 

"Industrial  Buildings"  means  the  Industrial  Buildings, 
and  is  intended  to  have  the  meaning  ascribed  to  the  term 
"industrial  buildings"  in  the  Act,  which  Industrial  Build- 
ings are  more  particularly  described  in  Exhibit  A  attached 
to,  and  made  a  part  of,  the  Loan  Agreement. 

"Loan"  means  the  Loan  in  the  principal  amount  of 
$750,000  made  by  the  City  to  the  Company  and  evidenced 
by  and  described  in  the  Loan  Agreement. 

"Loan  Agreement"  means  the  Loan  Agreement  to  be 
dated  as  of  the  date  of  delivery  of  the  Bond,  between  the 
City  and  the  Company  evidencing  and  securing  the  Loan, 
which  Loan  Agreement  shall  be  substantially  in  the  form 
set  forth  in  Section  11  of  this  Ordinance. 


278  ORDINANCES  Ord.  No.  704 

"Ordinance"  means  this  Ordinance. 

"Trust  Agreement"  means  the  Trust  Agreement  to  be 
dated  as  of  the  date  of  delivery  of  the  Bond,  between  the 
Company  and  certain  individual  trustees  designated  by  the 
Bank,  pursuant  to  which  the  proceeds  of  the  Loan  are  to 
be  deposited  in  trust  with  the  Trustees  (hereinafter  de- 
fined), and  held,  invested  and  disbursed  by  the  trustees  as 
therein  provided,  which  Trust  Agreement  shall  be  sub- 
stantially in  the  form  set  forth  in  Section  13  of  this 
Ordinance. 

"Trustees"  means  the  individual  trustees  designated  by 
the  Bank  and  acting  as  Trustees  under  the  Trust  Agree- 
ment, or  their  successors  in  trust  who  may  be  acting  under 
and  pursuant  to  the  Trust  Agreement  from  time  to  time. 

Sec.  3.  Be  it  further  ordained,  That,  subject  to  the  pro- 
visions of  this  Ordinance,  the  City  is  authorized  and  em- 
powered, pursuant  to  the  Act,  to  issue  and  sell  its  City  of 
Baltimore,  Maryland  Industrial  Development  Revenue  Bond 
(Ansam  Metals  Corporation  Project)  in  the  principal 
amount  of  $750,000,  such  Bond  to  be  solely  and  exclusively 
payable  from  the  revenue  derived  by  the  City  from  pay- 
ments on  the  Loan  by  the  Company,  and  secured  by  the 
Assignment  and  the  Guaranty  Agreement,  as  provided 
herein.  The  Bond  shall  be  designated  "City  of  Baltimore, 
Maryland  Industrial  Development  Revenue  Bond  (Ansam 
Metals  Corporation  Project)",  and  shall  be  dated  as  of 
March  1,  1978. 

The  Bond  shall  bear  interest  on  the  unpaid  principal 
amount  thereof,  commencing  on  the  date  of  its  delivery, 
at  the  rate  of  7%%  per  annum  (calculated  on  the  basis  of 
a  360-day  year  factor  applied  to  actual  days  elapsed) ;  pro- 
vided, however,  that  during  any  period  in  which  the  interest 
payable  on  the  Bond  is  includible  in  the  gross  income  (as 
defined  in  Section  61  of  the  Internal  Revenue  Code  of  1954, 
as  amended)  of  the  holder  of  the  Bond,  the  rate  of  interest 
payable  on  the  unpaid  principal  amount  of  the  Bond  shall 
be  the  annual  rate  which  is  at  all  times  equal  to  (a)  the 
commercial  prime  rate  of  interest  in  effect  at  the  Bank  from 
time  to  time  (floating),  plus  (b)  2%%  per  annum  (calcu- 


ORDINANCES  279 

lated  on  the  basis  of  a  360-day  year  factor  applied  to  actual 
days  elapsed). 

The  principal  of  and  interest  on  the  Bond  shall  be  payable 
in  lawful  money  of  the  United  States  of  America  at  the 
time  of  payment  as  follows : 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of  March 
and  September  in  each  year,  commencing  on  September  1, 
1978,  continuing  to  and  including  March  1,  1999,  or  until 
the  principal  amount  shall  have  been  paid  in  full ; 

(b)  commencing  on  March  1,  1979,  continuing  to  and 
including  September  1,  1980,  $47,000  of  the  principal  amount 
shall  be  paid  in  4  equal,  consecutive  semi-annual  install- 
ments of  $11,750  each,  payable  on  the  first  days  of  March 
and  September  in  each  year ; 

(c)  then,  commencing  on  March  1,  1981,  continuing  to 
and  including  March  1, 1999,  the  remaining  principal  amount 
shall  be  paid  in  37  equal,  consecutive  semi-annual  install- 
ments of  $19,000  each,  payable  on  the  first  days  of  March 
and  September  in  each  year ; 

(d)  the  Bond  will  mature,  and  the  entire  unpaid  bal- 
ance of  the  principal  thereof  and  all  accrued  and  unpaid 
interest  thereon  shall  be  due  and  payable  on  March  1,  1999; 
and 

(e)  all  payments  received  shall  be  applied  first  to  in- 
terest and  the  balance  to  principal. 

The  Bond,  which  may  be  printed  or  typewritten,  shall  be 
substantially  in  the  following  form,  and  the  form,  with 
such  changes  therein  (including  the  prepayment  record  to 
be  attached)  as  the  Mayor  of  the  City  shall  approve  (such 
approval  to  be  conclusively  evidenced  by  the  execution  and 
delivery  of  the  Bond  by  the  Mayor  of  the  City),  and,  all 
of  the  covenants  and  conditions  therein  contained,  is  hereby 
adopted  by  the  City  as  and  for  the  form  and  tenor  of  the 
obligation  to  be  incurred  by  it,  and  such  covenants  and 
conditions,  including  the  promise  to  pay  therein  contained, 
are  hereby  made  binding  upon  the  City. 


280  ORDINANCES  Ord.  No.  704 

FORM  OF  BOND 

$750,000  March  1,  1978 

UNITED  STATES  OF  AMERICA 

STATE  OF  MARYLAND 

CITY  OF  BALTIMORE,  MARYLAND 

INDUSTRIAL  DEVELOPMENT  REVENUE  BOND 

(ANSAM  METALS  CORPORATION  PROJECT) 

FOR  VALUE  RECEIVED,  Mayor  and  City  Council  of 
Baltimore,  a  body  politic  and  corporate  and  a  political  sub- 
division of  the  State  of  Maryland  (the  "City"),  hereby 
promises  to  pay,  solely  from  the  special  fund  provided  there- 
for as  below  set  forth,  to  The  Equitable  Trust  Company  or 
its  successor  (the  "Bank"),  or  its  registered  assigns,  the 
principal  sum  of  SEVEN  HUNDRED  FIFTY  THOUSAND 
DOLLARS,  with  interest  on  the  unpaid  principal  amount 

hereof  from  _ ,  1978,  at  the  rate  of  7V2%  Per 

annum  (calculated  on  the  basis  of  a  360-day  year  factor 
applied  to  actual  days  elapsed) ;  provided,  however,  that 
during  any  period  in  which  the  interest  payable  on  the 
Bond  is  validly  includible  in  the  gross  income  (as  defined 
in  Section  61  of  the  Internal  Revenue  Code  of  1954,  as 
amended)  of  the  holder  of  the  Bond,  the  rate  of  interest 
payable  on  the  unpaid  principal  amount  hereof  shall  be  the 
annual  rate  which  is  at  all  time  equal  to  (a)  the  commercial 
prime  rate  of  interest  in  effect  at  the  Bank  from  time  to 
time  (floating),  plus  (b)  2%%  per  annum  (calculated 
on  the  basis  of  a  360-day  year  factor  applied  to  actual  days 
elapsed). 

The  principal  hereof  and  interest  hereon  shall  be  paid  in 
lawful  money  of  the  United  States  of  America  at  the  time 
of  payment  as  follows : 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of 
March  and  September  in  each  year,  commencing  on  Sep- 
tember 1,  1978,  continuing  to  and  including  March  1,  1999, 
or  until  the  principal  amount  shall  have  been  paid  in  full ; 

(b)  commencing  on  March  1,  1979,  continuing  to  and 
including  September  1,  1980,  $47,000  of  the  principal  amount 
shall  be  paid  in  4  equal,  consecutive  semi-annual  install- 
ments of  $11,750  each,  payable  on  the  first  days  of  March 
and  September  in  each  year ; 


ORDINANCES  281 

(c)  then,  commencing  on  March  1,  1981,  continuing  to 
and  including  March  1, 1999,  the  remaining  principal  amount 
shall  be  paid  in  37  equal,  consecutive  semi-annual  install- 
ments of  $19,000  each,  payable  on  the  first  days  of  March 
and  September  in  each  year ; 

(d)  this  Bond  will  mature,  and  the  entire  unpaid  bal- 
ance of  the  principal  hereof  and  all  accrued  and  unpaid  in- 
terest hereon  shall  be  due  and  payable  on  March  1,  1999; 
and 

(e)  all  payments  received  shall  be  applied  first  to  in- 
terest and  the  balance  to  principal. 

This  Bond  is  issued  pursuant  to  the  authority  of  Sections 
266A  to  266-1,  inclusive,  of  Article  41  of  the  Annotated 
Code  of  Maryland  (1971  Rep.  Vol.,  1977  Cum.  Supp.),  as 
amended  (the  "Act"),  and  pursuant  to  and  under  the  au- 
thority of  an  Ordinance  of  the  City,  approved  by  the  Mayor 
of  the  City  on ,  1978  (the  "Ordinance") .  Refer- 
ence is  hereby  made  to  the  Ordinance  for  the  provisions, 
among  others,  with  respect  to  (a)  the  nature  and  extent 
of  the  security  for  this  Bond,  (b)  the  rights,  duties  and 
obligations  of  the  City  and  the  Bank  (both  in  its  individual 
corporate  capacity  and  as  agent  for  the  holder  of  this 
Bond),  (c)  the  terms  upon  which  this  Bond  is  issued  and 
secured,  (d)  the  modification  or  amendment  of  any  of  the 
foregoing  or  of  the  Loan  Agreement  (hereinafter  defined), 
and  (e)  the  obligation  of  the  holder  hereof  to  indemnify  the 
Bank  under  certain  circumstances;  and,  by  the  acceptance 
of  this  Bond,  the  holder  hereof  assents  to  all  of  the  provi- 
sions of  the  Ordinance  and  agrees  to  be  bound  thereby. 

This  Bond  is  issued  for  the  purpose  of  financing,  in  whole 
or  in  part,  the  cost  of  the  acquisition  (as  defined  in  the  Act) 
by  Ansam  Metals  Corporation,  a  Maryland  corporation  (the 
"Company")  of  certain  industrial  buildings  (as  defined  in 
the  Act)  in  the  City  of  Baltimore  (the  "Industrial  Build- 
ings") and  paying  expenses  incidental  thereto  so  as  to  help 
relieve  conditions  of  unemployment,  to  encourage  the  in- 
crease of  industry,  and  to  help  achieve  a  balanced  economy 
in  the  State  of  Maryland  and  in  the  City  of  Baltimore. 

This  Bond  is  a  limited  obligation  of  the  City,  and  the 
principal  hereof  and  interest  hereon  are  payable  solely  from 
(i)   the  moneys  to  be  derived  by  the  City  under  a  Loan 


282  ORDINANCES  Ord.  No.  704 

Agreement  dated  _ ,  1978,  between  the  City  and 

the  Company  (the  "Loan  Agreement"),  and  the  collateral 
pledged  thereunder,  pursuant  to  which  the  proceeds  of  the 
issuance  and  sale  hereof  are  being  loaned  by  the  City  to  the 
Company  for  the  purpose  of  providing  the  aforesaid  financ- 
ing, (ii)  any  and  all  moneys  realized  from  the  sale  of  col- 
lateral (including  the  Industrial  Buildings)  pledged  as  se- 
curity for  such  loan,  (iii)  any  and  all  moneys  received 
under  the  Guaranty  Agreement  dated ,  1978,  be- 
tween the  Company  and  the  Bank,  and  (iv)  moneys  derived 
from  all  other  security  referred  to  in  the  Ordinance.  Neither 
this  Bond  nor  the  interest  payable  hereon  shall  ever  con- 
stitute an  indebtedness  or  a  charge  against  the  general 
credit  or  taxing  powers  of  the  City  within  the  meaning 
of  any  constitutional  provision  or  statutory  or  charter  limi- 
tation, and  neither  shall  ever  constitute  or  give  rise  to  any 
pecuniary  liability  of  the  City. 

Pursuant  to  the  Loan  Agreement,  payments  sufficient  for 
the  prompt  payment  when  due  of  the  principal  of  and  in- 
terest on  this  Bond  are  to  be  paid  by  the  Company  directly 
to  the  Bank,  to  be  held  by  the  Bank  as  agent  for  the  holder 
of  this  Bond,  in  a  separate  and  special  fund  created  by 
Section  4  of  the  Ordinance,  to  be  used  by  the  Bank  as  agent 
for  the  holder  of  the  Bond,  for  the  payment  of  the  principal 
of  and  interest  on  this  Bond. 

The  City  may  under  certain  circumstances  prescribed  in 
Section  7  of  the  Ordinance  be  required  to  pay  (but  only  out 
of  amounts  made  available  to  the  City  by  the  Company  or 
others  for  such  purposes)  all  or  part  of  the  principal  of 
this  Bond  (plus  accrued  and  unpaid  interest)  before  ma- 
turity upon  the  terms  provided  in  Section  7  of  the  Ordi- 
nance. In  the  event  of  partial  prepayment,  the  holder  hereof 
shall  surrender  this  Bond  to  the  Bond  Registrar  (herein- 
after referred  to),  for  notation  hereon  that  this  Bond,  to 
the  extent  of  the  amount  prepaid,  has  been  partially  pre- 
paid. In  the  event  of  a  partial  prepayment  of  this  Bond,  the 
sum  applied  to  the  prepayment  shall  be  applied  to  the  pre- 
payment of  the  monthly  installments  hereof  in  the  inverse 
order  of  their  payment  dates.  Reference  is  hereby  made  to 
Section  7  of  the  Ordinance  for  the  provisions  relating  to  the 
prepayment  of  this  Bond,  and,  by  the  acceptance  of  this 


ORDINANCES  283 

Bond,  the  holder  hereof  assents  to  such  prepayment  provi- 
sions and  agrees  to  be  bound  thereby. 

Notice  of  any  such  prepayment  shall  be  given  at  least 
two  (2)  banking  days  prior  to  the  prepayment  date  by 
mailing  and  telegraphing  to  the  registered  owner  of  this 
Bond  a  notice  fixing  such  prepayment  date,  the  amount  of 
principal  to  be  prepaid,  the  interest  to  be  paid  through  the 
prepayment  date  and  the  amount  of  any  premium  or  addi- 
tional interest  payable  on  the  prepayment  date.  The  notice 
required  herein  to  be  given  may  be  waived  by  the  regis- 
tered owner  of  this  Bond. 

All  payments  hereunder  shall  be  made  in  immediately 
available  funds  at  the  office  of  The  Equitable  Trust  Com- 
pany, Fayette  and  Calvert  Streets,  Baltimore,  Maryland 
21203.  If  any  principal  or  interest  payable  hereon  falls  due 
on  any  day  other  than  a  banking  day  at  the  Bank,  then  such 
payment  date  shall  be  extended  to  the  next  succeeding  full 
banking  day. 

In  the  event  any  installment  of  principal  or  payment  of 
interest,  or  both,  as  hereinabove  provided  is  not  paid  when 
due  and  payable,  such  installment  of  principal  or  payment 
of  interest,  or  both,  shall  bear  interest  (which  shall  com- 
mence to  accrue  on  the  15th  day  following  the  day  on 
which  such  installment  or  payment  was  due  and  payable) 
at  the  rate  of  thirteen  per  centum  (13%)  per  annum  until 
paid. 

This  Bond  shall  be  registered  as  to  both  principal  and 
interest.  The  Treasurer  of  the  City  shall  serve  as  Bond 
Registrar,  and  he  shall  keep  at  his  principal  office,  for  so 
long  as  this  Bond  remains  outstanding,  books  for  the  regis- 
tration and  transfer  hereof.  When  used  herein,  the  term 
"holder  of  this  Bond"  shall  mean  the  registered  owner  from 
time  to  time  of  this  Bond,  and  the  initial  holder  of  this 
Bond  shall  be  the  Bank. 

This  Bond  shall  be  transferable  only  upon  the  books 
maintained  by  the  Bond  Registrar  by  the  registered  owner 
hereof  in  person  or  by  his  attorney  duly  authorized  in  writ- 
ing, upon  surrender  hereof  together  with  a  written  instru- 
ment of  transfer  satisfactory  to  the  Bond  Registrar  duly  ex- 
ecuted by  the  registered  owner  or  his  duly  authorized  attor- 
ney. This  Bond  is  a  "security"  within  the  meaning  of  Title 


284  ORDINANCES  Ord.  No.  704 

8  of  the  Maryland  Uniform  Commercial  Code,  and  notwith- 
standing- the  provisions  herein  contained  for  registration,  is 
and  shall  remain,  negotiable.  The  laws  of  the  State  of  Mary- 
land shall  govern  the  construction  of  this  Bond. 

The  City,  the  Bank  as  agent  for  the  holder  of  the  Bond, 
and  the  Bond  Registrar  may  deem  and  treat  the  person  in 
whose  name  this  Bond  shall  be  registered  as  the  absolute 
owner  hereof,  whether  this  Bond  shall  be  overdue  or  not, 
for  the  purpose  of  receiving  payment  of,  or  on  account  of, 
the  principal  of  and  interest  hereon  and  for  all  purposes, 
and  all  such  payments  so  made  to  such  registered  owner 
or  upon  his  order  shall  be  valid  and  effectual  to  satisfy  and 
discharge  the  liability  upon  this  Bond  to  the  extent  of  the 
sum  or  sums  so  paid,  and  neither  the  City  nor  the  Bank 
nor  the  Bond  Registrar  shall  be  affected  by  any  notice  to 
the  contrary. 

Within  60  days  after  receipt  of  a  written  request  from 
the  holder  of  this  Bond  (or  within  such  longer  period  as 
may  be  reasonably  required  for  the  authorization,  issuance 
and  preparation  of  bonds)  the  City  will  take  action  neces- 
sary to  cause  serial  bonds  to  be  duly  authorized  and  issued, 
to  the  extent  permitted  by  applicable  laws,  in  order  that 
this  Bond  may  be  exchanged  for  a  series  of  serial  bonds. 
Any  serial  bonds  so  authorized  and  issued  shall  be  substan- 
tially in  the  same  form  as  this  Bond,  with  only  such  changes 
in  amounts,  dates  and  other  details  as  may  be  necessary. 
All  such  serial  bonds  shall  (a)  bear  interest  at  the  same 
rate,  and  (b)  be  ratably  and  equally  secured  by,  and  en- 
titled to  the  benefits  of,  the  Ordinance  and  the  security  for 
the  repayment  of  this  Bond  provided  for  therein.  Any  ex- 
penses incurred  by  the  City  in  authorizing  and  issuing  any 
such  serial  bonds  shall  be  paid  by  the  Company. 

IT  IS  HEREBY  CERTIFIED,  RECITED  AND  DE- 
CLARED that  all  conditions,  acts  and  things  required  by 
the  Constitution  and  laws  of  the  State  of  Maryland  and  the 
Charter  of  Mayor  and  City  Council  of  Baltimore,  to  exist, 
to  have  happened  and  to  have  been  performed  precedent 
to  and  in  the  execution  and  delivery  of  this  Bond  exist, 
have  happened,  and  have  been  performed,  and  that  the  is- 
suance of  this  Bond,  together  with  all  other  obligations  of 
the  City,  does  not  exceed  or  violate  any  constitutional  or 
statutory  debt  limitations. 


ORDINANCES  285 

IN  WITNESS  WHEREOF,  MAYOR  AND  CITY  COUN- 
CIL OF  BALTIMORE,  has  caused  this  Bond  to  be  signed 
by  its  Mayor  by  his  manual  signature,  and  has  also  caused 
its  corporate  seal  to  be  hereunto  affixed  and  attested  by  the 
manual  signature  of  its  Deputy  Treasurer  all  as  of  the  1st 
day  of  March,  1978. 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE 

By _ 

Deputy  Treasurer  Mayor 

[CITY  SEAL] 

[HERE  SHALL  BE  ATTACHED  THE 
PREPAYMENT  RECORD] 

Sec.  4.  Be  it  further  ordained,  That  in  consideration  of 
the  purchase  and  acceptance  of  the  Bond  by  those  who  shall 
hold  the  same  from  time  to  time,  (i)  this  Ordinance  shall 
be  deemed  to  be  and  shall  constitute  a  contract  between 
the  City  and  the  holder  from  time  to  time  of  the  Bond; 
(ii)  the  pledge  made  herein  and  the  covenants  to  be  per- 
formed by  or  on  behalf  of  the  City  shall  be  for  the  benefit, 
protection  and  security  of  the  holder  of  the  Bond;  (iii)  the 
City  does  hereby,  and  by  execution  of  the  Assignment  here- 
inafter approved,  set  aside  and  pledge  the  income  and  reve- 
nue of  the  Loan  Agreement  (other  than  payments  to  be 
made  to  the  City  pursuant  to  Sections  10.4,  12.2  and  12.9 
of  the  Loan  Agreement  and  the  fourth  literary  paragraph 
of  Section  5.3  of  the  Loan  Agreement)  to  the  Bank  as  agent 
for  the  holder  of  the  Bond  to  be  held  by  the  Bank  as  agent 
for  the  holder  of  the  Bond  in  a  separate  and  special  fund  to 
be  used  and  applied  for  the  payment  of  the  principal  of  and 
interest  on  the  Bond,  and  for  the  performance  of  any  other 
obligations  of  the  City  under  this  Ordinance;  and  (iv)  the 
pledge  herein  made  is  valid  and  binding  from  the  time  when 
the  Bond  is  issued,  and  the  lien  of  such  pledge  shall  be 
valid  and  binding  as  against  all  parties  having  claims  of 
any  kind  in  tort,  contract  or  otherwise  against  the  City, 
irrespective  of  whether  such  parties  shall  have  notice 
thereof. 

Sec.  5.  Be  it  further  ordained,  That  simultaneously  with 
the  issuance  and  sale  of  the  Bond,  the  City  will,  pursuant 


286  ORDINANCES  Ord.  No.  704 

to  the  terms  of  the  Loan  Agreement  and  the  Act,  lend  the 
proceeds  of  the  issuance  and  sale  thereof  to  the  Company 
to  be  applied  to  the  acquisition  of  the  Industrial  Buildings 
in  accordance  with  the  provisions  of  Section  4.3  of  the  Loan 
Agreement. 

The  proceeds  of  the  Bond  shall  be  advanced  to  the  Com- 
pany as  provided  in  the  Loan  Agreement,  and,  in  order  to 
insure  that  such  proceeds  will  be  used  for  the  purposes  set 
forth  in  the  Act,  the  Company  shall  deposit  such  proceeds 
with  the  Trustees  under  the  Trust  Agreement,  who  will 
hold,  invest  and  disburse  such  proceeds  as  therein  and  in 
Sections  4.3  through  4.6  of  the  Loan  Agreement  provided. 

Sec.  6.  Be  it  further  ordained,  That  the  City  covenants 
that  it  will  promptly  pay  the  principal  of  and  interest  on 
the  Bond,  and  premium,  if  any,  at  the  place,  on  the  dates 
and  in  the  manner  provided  in  this  Ordinance  and  in  the 
Bond  according  to  their  true  intent  and  meaning;  provided 
that  the  Bond,  together  with  the  interest  thereon,  shall  be 
the  limited  obligation  of  the  City  payable  solely  from  the 
moneys  derived  from  (a)  the  Loan  Agreement  and  the  sale 
of  any  collateral  pledged  thereunder  and  under  the  Deed  of 
Trust,  (b)  the  Guaranty  Agreement  and  (c)  all  other  se- 
curity referred  to  in  this  Ordinance,  and  shall  be  a  valid 
claim  of  the  holder  thereof  only  against  such  moneys,  which 
moneys  shall  be  used  for  no  other  purpose  than  to  pay  the 
principal  of  and  interest  on  the  Bond  (except  as  may  be 
otherwise  expressly  authorized  in  this  Ordinance).  Neither 
the  Bond  nor  the  interest  payable  thereon  shall  ever  con- 
stitute an  indebtedness  or  a  charge  against  the  general 
credit  or  taxing  powers  of  the  City  within  the  meaning  of 
any  constitutional  or  charter  provision  or  statutory  limita- 
tion and  neither  shall  ever  constitute  or  give  rise  to  any 
pecuniary  liability  of  the  City. 

Sec.  7.  Be  it  further  ordained,  That  the  Bond  shall  be 
subject  to  prepayment  by  the  City  (but  only  from  moneys 
received  by  it  from  the  Company  or  others)  prior  to  its  ex- 
pressed maturity  as  follows : 

(a)  The  Bond  shall  be  prepaid,  on  any  interest  payment 
date,  either  as  a  whole  at  any  time  or  in  part  from  time  to 
time,  in  multiples  of  $19,000,   upon  the  exercise  by  the 


ORDINANCES  287 

Company  of  its  option  to  prepay  the  amounts  due  under  the 
Loan  Agreement  as  provided  in  Section  11.1  of  the  Loan 
Agreement,  at  a  prepayment  price  of  the  principal  amount 
to  be  prepaid,  together  with  unpaid  interest  thereon  ac- 
crued to  the  date  fixed  for  prepayment,  without  payment 
of  premium  or  penalty  unless  the  Bond  shall  be  prepaid, 
either  as  a  whole  or  in  part,  on  or  before  March  1,  1979,  in 
which  event  a  premium  in  the  amount  of  3%  of  the  prin- 
cipal amount  to  be  prepaid  shall  be  charged  in  addition  to 
the  prepayment  price. 

(b)  The  Bond  shall  be  prepaid,  as  a  whole  but  not  in 
part,  upon  the  occurrence  of  an  event  which  under  Section 
11.2  of  the  Loan  Agreement  obligates  the  Company  to  pre- 
pay amounts  due  under  the  Loan  Agreement.  Section  11.2 
of  the  Loan  Agreement  provides  that  the  Company  shall  be 
obligated  to  prepay  amounts  due  under  the  Loan  Agreement 
in  the  event  that  (i)  as  a  result  of  federal,  state  or  local 
constitutional,  legislative,  administrative  or  judicial  action 
the  Loan  Agreement  shall  have  become  void,  unenforceable 
or  impossible  of  performance;  or  (ii)  the  Company  shall, 
for  any  reason  whatsoever,  discontinue  the  use  and  occu- 
pancy of  the  Industrial  Buildings,  or  any  part  thereof,  for 
their  intended  purposes.  If  the  Bond  is  prepaid  pursuant 
to  this  Section  7(b),  the  prepayment  price  shall  be  equal 
to  the  outstanding  principal  amount  of  the  Bond  together 
with  unpaid  interest  on  the  Bond  accrued  to  the  date  fixed 
for  prepayment. 

(c)  The  Bond  shall  be  prepaid  in  part  in  the  event  that 
any  of  the  proceeds  of  the  Loan  remains  on  deposit  with 
the  Trustees  after  completion  of  the  acquisition  of  the  In- 
dustrial Buildings  as  set  forth  in  Section  4.3  of  the  Loan 
Agreement  and  Section  5.3  of  the  Trust  Agreement,  and 
any  such  prepayment  may  be  made  at  any  time  and  in  any 
amount,  without  premium  or  penalty  and  shall  be  applied 
to  the  prepayment  of  the  installments  of  principal  of  the 
Bond  in  the  inverse  order  of  their  payment  dates. 

(d)  The  Bond  shall  be  prepaid,  as  a  whole  but  not  in 
part,  upon  any  occurrence  under  the  Loan  Agreement,  which 
gives  the  City,  the  Bank  as  agent  for  the  holder  of  the 
Bond  or  the  holder  of  the  Bond  the  option  to  accelerate  the 
maturity  of  the  amounts  payable  under  the  Loan  Agree- 


288  ORDINANCES  Ord.  No.  704 

ment,  at  a  prepayment  price  equal  to  the  outstanding  prin- 
cipal amount  thereof  together  with  unpaid  interest  accrued 
to  the  date  of  prepayment. 

The  City  shall  prepay  the  outstanding  principal  amount 
of  the  Bond  (or  a  portion  thereof  in  the  event  of  partial 
prepayment),  the  interest  thereon  accrued  and  unpaid  to 
the  prepayment  date,  and  the  premium,  if  any,  immediately, 
and  only,  upon  receipt  by  the  City  of  any  sums  payable  by 
the  Company  under  the  Loan  Agreement  as  a  result  of  the 
occurrence  of  any  event  set  forth  in  (a),  (b),  (c)  or  (d) 
above;  and  the  City  hereby  covenants  to  apply  all  sums  so 
received  by  it  for  such  purpose  to  the  prepayment  of  the 
Bond.  In  the  event  such  sums  are  not  sufficient  to  provide 
for  the  prepayment  of  the  entire  outstanding  principal 
amount  of  the  Bond,  such  sums  shall  be  applied  to  the 
prepayment  of  the  installments  of  principal  of  the  Bond 
in  the  inverse  order  of  the  monthly  installment  payment 
dates. 

In  the  event  of  a  partial  prepayment,  the  holder  of  the 
Bond  shall  surrender  the  Bond  to  the  Bond  Registrar  (here- 
inafter referred  to)  for  notation  thereon  that  the  Bond, 
to  the  extent  of  the  amount  prepaid,  has  been  partially 
prepaid. 

Notice  of  any  prepayment  shall  be  given  at  least  two 
(2)  banking  days  prior  to  the  prepayment  date  by  mailing 
or  telegraphing  to  the  registered  owner  of  the  Bond  a 
notice  stating  the  prepayment  date,  the  amount  of  principal 
to  be  prepaid,  the  interest  to  be  paid  through  the  prepay- 
ment date  and  the  amount  of  any  premium  or  additional 
interest  payable  on  the  prepayment  date.  The  notice  may 
be  waived  by  the  registered  owner  of  the  Bond. 

Sec.  8.  Be  it  further  ordained,  That  payment  of  the  Bond 
and  the  interest  thereon  shall  be  made  to  the  registered 
owner  thereof  by  the  Bank  as  agent  for  the  holder  of  the 
Bond.  All  payments  of  principal,  interest  and  other  charges 
required  by  this  Ordinance  or  the  Bond  shall  be  made  at 
the  office  of  the  Bank,  Calvert  and  Fayette  Streets,  Balti- 
more, Maryland  21203,  in  lawful  money  of  the  United  States 
of  America,  in  immediately  available  funds.  Interest  on  the 
Bond  shall  be  calculated  on  the  basis  of  a  360-day  year  fac- 


ORDINANCES  289 

tor  to  be  applied  to  actual  days  elapsed.  If  any  principal  or 
interest  payment  on  the  Bond  falls  due  on  a  Saturday,  Sun- 
day or  public  holiday  at  the  place  of  payment  thereof,  then 
such  date  shall  be  extended  to  the  next  succeeding  full 
banking  day  at  such  place. 

When  the  principal  of  and  interest  on  the  Bond  shall  have 
been  fully  paid,  the  Bond  shall  forthwith  be  surrendered 
to  the  Bond  Registrar  for  cancellation. 

Sec.  9.  Be  it  further  ordained,  That  the  Bond  shall  be 
registered  as  to  both  principal  and  interest.  The  Treasurer 
of  the  City  shall  serve  as  Bond  Registrar,  and  he  shall  keep 
at  his  principal  office,  for  so  long  as  the  Bond  remains  out- 
standing, books  for  the  registration  and  transfer  of  the 
Bond. 

The  Bond  shall  be  transferable  only  upon  the  books  main- 
tained by  the  Bond  Registrar  by  the  registered  owner 
thereof  in  person  or  by  his  attorney  duly  authorized  in 
writing,  upon  surrender  thereof  together  with  a  written 
instrument  of  transfer  satisfactory  to  the  Bond  Registrar 
duly  executed  by  the  registered  owner  or  his  duly  author- 
ized attorney. 

The  City,  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  the  Bond  Registrar  may  deem  and  treat  the  person  in 
whose  name  the  Bond  shall  be  registered  as  the  absolute 
owner  of  the  Bond,  whether  the  Bond  shall  be  overdue  or 
not,  for  the  purpose  of  receiving  payment  of,  or  on  account 
of,  the  principal  of  and  interest  on  the  Bond  and  for  all 
other  purposes,  and  all  such  payments  so  made  to  such 
registered  owner  or  upon  his  order  shall  be  valid  and  effec- 
tual to  satisfy  and  discharge  the  liability  upon  the  Bond 
to  the  extent  of  the  sum  or  sums  so  paid,  and  neither  the 
City  nor  the  Bank  nor  the  Bond  Registrar  shall  be  affected 
by  any  notice  to  the  contrary. 

Within  60  days  after  receipt  of  a  written  request  from 
the  holder  of  the  Bond  (or  within  such  longer  period  as  may 
be  reasonably  required  for  the  authorization,  issuance  and 
preparation  of  bonds)  the  City  will  take  action  necessary 
to  cause  serial  bonds  to  be  duly  authorized  and  issued,  to 
the  extent  permitted  by  applicable  laws,  in  order  that  the 


290  ORDINANCES  Ord.  No.  704 

Bond  may  be  exchanged  for  a  series  of  serial  bonds.  Any 
serial  bonds  so  authorized  and  issued  shall  be  substantially 
in  the  same  form  as  the  Bond  (as  set  forth  in  Section  3  of 
this  Ordinance),  with  only  such  changes  in  amounts,  dates 
and  other  details  as  may  be  necessary.  All  such  serial  bonds 
shall  (a)  bear  interest  at  the  same  rate,  and  (b)  be  ratably 
and  equally  secured  by,  and  entitled  to  the  benefits  of,  this 
Ordinance,  and  the  security  for  the  repayment  of  the  Bond 
provided  for  herein.  Any  expenses  incurred  by  the  City  in 
authorizing  and  issuing  any  such  serial  bonds  shall  be  paid 
by  the  Company.  The  term  "Bond"  as  used  in  this  Ordinance 
shall  be  deemed  to  include  any  serial  bonds  so  authorized 
and  issued. 

Sec.  10.  Be  it  further  ordained,  That  the  payments  re- 
quired to  be  made  by  the  Company,  as  set  forth  in  Section 
5.3  of  the  Loan  Agreement  (other  than  payments  due  to  the 
City  under  the  fourth  literary  paragraph  of  such  Section 
5.3),  shall  be  paid,  as  set  forth  in  the  Assignment,  directly 
to  the  Bank  as  agent  for  the  holder  of  the  Bond  at  its 
offices  at  Calvert  and  Fayette  Streets,  Baltimore,  Maryland 
21203,  and  held  by  the  Bank  as  agent  for  the  holder  of  the 
Bond  in  the  separate  special  fund  referred  to  in  Section 
4(iii)  hereof  in  trust  for  the  holder  of  the  Bond,  and  such 
sums  shall  be  withdrawn  and  applied  to  the  payment  of 
the  principal  of  and  interest  on  the  Bond  as  the  same  be- 
come due. 

Sec.  11.  Be  it  further  ordained,  That  the  Loan  Agree- 
ment by  and  between  the  City  and  the  Company,  pursuant 
to  which  the  City  will  lend  $750,000  to  the  Company  for 
the  purpose  of  financing  the  acquisition  by  the  Company  of 
the  Industrial  Buildings,  shall  be  substantially  in  the  fol- 
lowing form,  and  the  form  and  all  of  the  covenants  and 
conditions  therein  contained,  with  such  changes  therein  as 
the  Mayor  of  the  City  shall  approve  (such  approval  to  be 
conclusively  evidenced  by  the  execution  and  delivery  of  the 
Loan  Agreement  by  the  Mayor  of  the  City),  is  hereby 
adopted  by  the  City  as  and  for  the  form  and  tenor  of  the 
obligation  to  be  incurred,  and  such  covenants  and  conditions 
are  hereby  made  binding  upon  the  City. 


ORDINANCES  291 

FORM  OF  LOAN  AGREEMENT 

LOAN  AGREEMENT 

THIS  LOAN  AGREEMENT,  made  as  of  the  day  of 
,  1978,  between  MAYOR  AND  CITY  COUNCIL  OF 
BALTIMORE,  a  body  politic  and  corporate  and  a  political 
subdivision  of  the  State  of  Maryland,  (hereinafter  called 
the  "City"),  and  ANSAM  METALS  CORPORATION,  a 
corporation  organized  and  existing  under  the  laws  of  the 
State  of  Maryland  (hereinafter  called  the  "Company"). 

WITNESSETH : 

WHEREAS,  Chapter  352  of  the  1972  Session  of  the  Gen- 
eral Assembly  of  Maryland,  as  amended,  being  Sections 
266A  to  266-1,  inclusive,  of  Article  41  of  the  Annotated 
Code  of  Maryland  (1971  Rep.  Vol.  and  1977  Cum.  Supp.), 
as  amended  (hereinafter  called  the  "Act"),  makes  legisla- 
tive findings  that  conditions  of  unemployment  exist  in  many 
areas  of  the  State  of  Maryland;  the  development  of  new 
commercial,  industrial  and  manufacturing  plants  are  es- 
sential to  relieve  this  unemployment  and  to  establish  a 
balanced  economy  within  the  State  of  Maryland;  and  the 
present  and  prospective  health,  happiness,  safety,  right  of 
gainful  employment,  and  general  welfare  of  the  citizens  of 
each  of  the  counties  and  municipalities  of  the  State  of  Mary- 
land will  be  promoted  by  the  establishment  of  industrial 
buildings;  and 

WHEREAS,  the  Act  authorizes  the  municipalities  and 
counties  of  the  State  of  Maryland  to  issue  revenue  bonds  for 
the  purpose  of  providing  funds  to  pay  all  or  any  part  of  the 
cost  of  the  acquisition  (as  that  term  is  defined  in  the  Act) 
of  industrial  buildings  (as  that  term  is  defined  in  the  Act), 
and  to  lend  any  such  funds  to  an  industrial  concern,  for 
such  purposes  as  shall  effectuate  the  purposes  of  the  Act, 
under  a  loan  agreement  which  may  provide  that  the  indus- 
trial buildings  shall  become  the  property  of  the  industrial 
concern  upon  the  acquisition  thereof  and  may  contain  such 
other  terms  and  conditions  consistent  with  the  Act  as  shall 
be  agreed  upon;  and 

WHEREAS,  the  Company  has  requested  the  City  to  pro- 
vide financing  for  the  acquisition  of  the  Industrial  Buildings 


292  ORDINANCES  Ord.  No.  704 

(hereinafter  defined)  to  be  located  within  the  City  of  Balti- 
more; and 

WHEREAS,  the  Company  has  represented  to  the  City 
that  the  Industrial  Buildings  are  suitable  for  and  will  be 
used  for  purposes  permitted  for  industrial  buildings  (as  the 
is  defined  in  the  Act) ;  and 

WHEREAS,  the  City  has  agreed,  upon  the  terms  and 
conditions  hereinafter  in  this  Loan  Agreement  set  forth,  to 
lend  funds  to  the  Company  to  be  used  for  the  purposes  of 
paying  the  cost  of  the  acquisition  of  the  Industrial  Buildings 
and  to  raise  such  funds  by  the  issuance  and  sale  of  its  in- 
dustrial development  revenue  bond  pursuant  to  the  Ordi- 
nance (hereinafter  defined) ;  and 

WHEREAS,  the  industrial  development  revenue  bond  is- 
sued under  the  Ordinance  will  be  secured  by  (a)  an  assign- 
ment of  the  City's  interest  in  (i)  this  Loan  Agreement,  in- 
cluding the  revenues  and  receipts  derived,  and  the  collateral 
pledged,  hereunder,  which  have  been  pledged  under  the 
Ordinance  to  the  Bank  (hereinafter  defined),  as  agent  for 
the  holder  of  the  industrial  development  revenue  bond,  and 
(ii)  the  Deed  of  Trust  (hereinafter  defined);  and  (b)  by 
the  Guaranty  Agreement  (hereinafter  defined). 

NOW,  THEREFORE,  in  consideration  of  the  representa- 
tions, warranties,  covenants,  terms  and  agreements  herein 
contained  and  other  good  and  valuable  consideration,  the 
receipt  and  sufficiency  of  which  are  hereby  acknowledged, 
the  parties  hereto  agree  as  follows;  provided,  that  in  the 
performance  of  the  agreements  of  the  City  herein  contained, 
any  obligation  it  may  incur  for  the  payment  of  money  shall 
not  create  a  pecuniary  liability  or  a  charge  upon  its  general 
credit  or  against  its  taxing  powers  but  shall  be  payable 
solely  out  of  the  proceeds  derived  from  this  Loan  Agree- 
ment and  the  sale  of  the  Bond  referred  to  in  Section  4.2 
hereof: 

ARTICLE  I. 

Definitions 

The  following  words  and  terms  as  used  in  this  Agree- 
ment shall  have  the  following  meanings  unless  the  context 


ORDINANCES  293 

or  use  clearly  indicates  another  or  different  meaning  or 
intent: 

"Acquisition"  or  "acquisition"  means,  when  used  in  re- 
gard to  the  Industrial  Buildings,  the  acquisition  of  the  In- 
dustrial Buildings  as  such  meaning  is  intended  in  the  Act, 
and  shall  include,  where  applicable  and  without  limitation, 
the  purchase,  construction,  rehabilitation,  remodeling,  ex- 
tension, equipping  and  permanent  improvement  of  the  In- 
dustrial Buildings. 

"Acquisition  Period"  means  the  period  between  the  com- 
mencement of  the  Acquisition  of  the  Industrial  Buildings  or 
the  date  on  which  the  Bond  is  first  delivered  to  the  Bank, 
whichever  is  earlier,  and  the  Completion  Date  (hereinafter 
defined). 

"Act"  means  Chapter  352  enacted  by  the  1972  Session  of 
the  General  Assembly  of  Maryland,  as  amended,  being  Sec- 
tions 266A  to  266-1,  inclusive,  of  Article  41  of  the  Anno- 
tated Code  of  Maryland  (1971  Rep.  Vol.  and  1977  Cum. 
Supp.),  as  amended. 

"Agreement"  means  this  Loan  Agreement. 

"Assignment"  means  the  Assignment  of  even  date  here- 
with by  which  the  City  assigns  to  the  Bank  as  agent  for  the 
holder  of  the  Bond,  all  of  its  right,  title  and  interest  in  and 
to,  and  remedies  under,  this  Agreement  and  moneys  due 
and  to  become  due  to  the  City  hereunder  and  all  collateral 
pledged  hereunder,  and  all  of  its  right,  title  and  interest  in 
and  to,  and  remedies  under,  the  Deed  of  Trust  (hereinafter 
defined),  as  security  for  the  Loan  as  set  forth  in  the  As- 
signment. 

"Authorized  City  Representative"  means  the  person  at 
the  time  designated  to  act  on  behalf  of  the  City  by  written 
certificate  furnished  to  the  Company  and  the  Bank  as  agent 
for  the  holder  of  the  Bond,  containing  the  specimen  signa- 
ture of  such  person  and  signed  on  behalf  of  the  City  by  the 
Mayor  of  the  City.  Such  certificate  may  designate  an  alter- 
nate or  alternates. 

"Authorized  Company  Representative"  means  the  person 
or  persons  at  the  time  designated  to  act  on  behalf  of  the 


294  ORDINANCES  Ord.  No.  704 

Company  by  written  certificate  furnished  to  the  City  and 
the  Bank  as  agent  for  the  holder  of  the  Bond,  containing 
the  specimen  signature  of  such  person  and  signed  on  behalf 
of  the  Company  by  its  President  or  one  of  its  Vice  Presi- 
dents. Such  certificate  may  designate  an  alternate  or 
alternates. 

"Bank"  means  The  Equitable  Trust  Company,  a  Mary- 
land banking  corporation,  and  its  successors  and,  except  for 
a  subsequent  purchaser  of  the  Bond  (hereinafter  defined), 
its  assigns. 

"Bank  as  agent  for  the  holder  of  the  Bond"  means  the 
Bank  acting  in  its  fiduciary  capacity  as  agent  for  the  holder 
of  the  Bond,  performing  the  functions  described  in  the  Ordi- 
nance (hereinafter  defined)  and  in  the  Assignment. 

"Banking  Day"  means  a  day  other  than  a  Saturday,  Sun- 
day or  legal  holiday  in  the  State  of  Maryland. 

"Bond"  means  the  City  of  Baltimore,  Maryland  Indus- 
trial Development  Revenue  Bond  (Ansam  Metals  Corpora- 
tion Project)  dated  as  of  March  1,  1978,  in  the  principal 
amount  of  $750,000  to  be  issued  pursuant  to  the  Ordinance 
(hereinafter  defined),  without  pecuniary  liability  on  the 
part  of  the  City.  In  the  event  the  Bond  is  at  any  time  ex- 
changed for  serial  bonds  as  set  forth  in  Section  9  of  the 
Ordinance  (hereinafter  defined),  then,  and  in  that  event,  the 
term  "Bond"  shall  be  deemed  to  include,  and  shall  mean, 
such  serial  bonds. 

"City"  means  Mayor  and  City  Council  of  Baltimore, 
Maryland,  a  body  politic  and  corporate  and  a  political  sub- 
division of  the  State  of  Maryland,  and  its  successors  and 
assigns. 

"Code"  means  the  Internal  Revenue  Code  of  1954,  as 
amended,  and  the  Treasury  Regulations  issued  thereunder. 

"Company"  means  Ansam  Metals  Corporation,  a  Mary- 
land corporation,  and  its  successors  and  assigns. 

"Completion  Date"  means  the  date  on  which  the  acquisi- 
tion of  the  Industrial  Buildings  has  been  completed,  as  that 
date  shall  be  certified,  as  provided  in  Section  4.4  hereof. 


ORDINANCES  295 

"Deed  of  Trust"  means  the  first  lien  Deed  of  Trust  of 
even  date  herewith,  between  the  Company  and 

and  ,  trustees,  covering: 

the  Industrial  Buildings  and  the  land  appurtenant  thereto 
as  security  for  the  Loan  (hereinafter  defined). 

"Guaranty  Agreement"  means  the  Guaranty  Agreement 
of  even  date  herewith,  executed  and  delivered  by  the  Com- 
pany whereby  the  Company  fully  and  unconditionally  guar- 
antees to  the  Bank  for  the  benefit  of  the  holder  of  the  Bond 
the  payment  of  the  principal  of  and  interest  on  the  Bond. 

"Holder  of  the  Bond"  or  "holder  of  the  Bond"  means  the 
registered  owner  of  the  Bond,  which  may  be  the  Bank. 

"Industrial  Buildings"  means  the  Industrial  Buildings, 
and  is  intended  to  have  the  meaning  ascribed  to  the  term 
"industrial  buildings"  in  the  Act,  which  Industrial  Build- 
ings are  more  particularly  described  in  Exhibit  A  attached 
to  this  Agreement  and  made  a  part  hereof. 

"Loan"  means  the  Loan  in  the  principal  amount  of 
$750,000  evidenced  by  and  described  in  this  Agreement  to 
be  made  by  the  City  to  the  Company. 

"Loan  Agreement"  means  this  Loan  Agreement. 

"Loan  Term"  means  the  period  the  Loan  is  to  be  out- 
standing as  specified  in  Section  5.1  hereof. 

"Net  Proceeds"  when  used  with  respect  to  any  condemna- 
tion award  or  insurance  proceeds  allocable  to  the  Industrial 
Buildings  means  the  gross  proceeds  from  condemnation  or 
insurance  so  allocable,  with  respect  to  which  that  term  is 
used,  remaining  after  payment  of  all  expenses  (including 
attorney's  fees  and  any  extraordinary  expenses  of  the  Bank 
as  agent  for  the  holder  of  the  Bond)  incurred  in  the  collec- 
tion of  such  gross  proceeds. 

"Ordinance"  means  Ordinance  No.  of  the  City  ap- 

proved by  the  Mayor  of  the  City  on  ,  1978,  by 

which  the  City  has,  inter  alia,  authorized  the  execution  and 
delivery  of  this  Loan  Agreement,  the  Assignment,  the 
Guaranty  Agreement  (for  the  limited  purposes  therein  pro- 
vided) ,  the  Trust  Agreement  (for  the  limited  purpose  there- 
in provided),  and  the  Deed  of  Trust  (for  the  limited  pur- 
pose therein  provided),  and  the  issuance  and  sale  and  exe- 


296  ORDINANCES  Ord.  No.  704 

cution  and  delivery  of  the  Bond,  and  has  pledged  the 
moneys  derived  and  to  be  derived  by  the  City  from  this 
Agreement  to  secure  the  punctual  payment  of  the  Bond  and 
the  interest  thereon. 

"Prepayment  Provisions"  means,  with  respect  to  the 
Bond,  the  provisions  for  the  prepayment  of  the  Bond  pur- 
suant to  Section  7  of  the  Ordinance. 

"Trust  Agreement"  means  the  Trust  Agreement  of  even 
date  herewith  between  the  Company  and 
and  ,   trustees,   pursuant  to   which   the 

proceeds  of  the  Loan  are  to  be  deposited  in  trust  with  the 
Trustees  (hereinafter  defined),  and  held,  invested  and  dis- 
bursed by  the  Trustees  as  therein  provided. 

"Trustees"  means  and 

,  Trustees  under  the  Trust  Agreement,  or  their 
successors  in  trust  who  may  be  acting  under  and  pursuant 
to  the  Trust  Agreement  from  time  to  time. 

The  words  "hereof",  "herein",  "hereunder",  "hereto", 
and  other  words  of  similar  import  refer  to  this  Agreement 
as  a  whole. 

References  to  Articles,  Sections,  and  other  subdivisions 
of  this  Agreement  are  to  the  designated  Articles,  Sections, 
and  other  subdivisions  of  this  Agreement  as  originally 
executed. 

The  headings  of  this  Agreement  are  for  convenience  only 
and  shall  not  define  or  limit  the  provisions  hereof. 

ARTICLE  II. 

Lending  Clauses  and  Security 

Sec.  2.1.  The  Loan.  The  City  agrees,  upon  the  terms  and 
subject  to  the  conditions  contained  in  this  Agreement,  to 
make  the  Loan  to  the  Company  in  the  amount  of  $750,000. 
The  Company  unconditionally  promises  to  repay  the  prin- 
cipal of  the  Loan  with  interest  thereon  as  provided  in  this 
Agreement. 

Sec.  2.2.  Security.  The  Loan  is  secured  by  this  Agreement 
and  the  Deed  of  Trust  and  the  collateral  pledged  hereunder 
and  thereunder.  As  additional  security  for  the  Loan  the 


ORDINANCES  297 

Company  hereby  grants  to  the  City  and  its  assigns  (in- 
cluding the  Bank  as  agent  for  the  holder  of  the  Bond),  and 
agrees  that  the  City  and  its  assigns  (including  the  Bank  as 
agent  for  the  holder  of  the  Bond)  shall  have,  a  security 
interest  in  all  sums  on  deposit  from  time  to  time  with  the 
Trustees  under  the  Trust  Agreement. 

The  Company  agrees  that  with  respect  to  the  collateral 
described  above  the  City  and  its  assigns  (including  the 
Bank  as  agent  for  the  holder  of  the  Bond)  shall  have  all  of 
the  rights  and  remedies  of  a  secured  party  under  the  Mary- 
land Uniform  Commercial  Code. 

ARTICLE  III. 

Representations  and  Warranties;  Findings 

Sec.  3.1.  Representations  by  the  City.  The  City  makes  the 
following  representations: 

(a)  Corporate  Existence.  The  City  is  a  body  politic  and 
corporate  and  a  political  subdivision  of  the  State  of  Mary- 
land. Under  the  provisions  of  the  Act,  the  City  has  the 
power  to  enter  into  the  transactions  contemplated  by  this 
Agreement  and  to  carry  out  its  obligations  hereunder.  By 
proper  action,  the  City  has  been  duly  authorized  to  execute 
and  deliver  this  Agreement,  to  enter  into  the  transactions 
contemplated  hereby  and  to  issue  and  sell  the  Bond. 

(b)  Issuance  of  the  Bond.  To  finance  the  cost  of  the 
acquisition  of  the  Industrial  Buildings  the  City  has  agreed 
at  the  request  of  the  Company  to  issue  and  sell  the  Bond 
and  to  lend  the  proceeds  thereof  to  the  Company  pursuant 
to  the  terms  and  conditions  of  this  Agreement. 

(c)  Pledge  of  Proceeds  of  the  Loan.  As  provided  in  the 
Ordinance  pursuant  to  which  the  Bond  is  to  be  issued  and 
sold,  the  City's  interest  in  this  Loan  Agreement  and  the 
moneys  derived  by  the  City  from  the  repayment  of  the  Loan 
will  be  pledged  for  payment  of  the  principal  of  and  interest 
on  the  Bond  and  for  any  other  payment  referred  to  in  Sec- 
tion 5.3  hereof. 

Sec.  3.2.  Representations  and  Warranties  by  the  Com- 
pany. The  Company  makes  the  following  representations 
and  warranties: 


298  ORDINANCES  Ord.  No.  704 

(a)  Subsidiaries.  The  Company  has  no  subsidiaries. 

(b)  Good  Standing.  The  Company  (i)  is  a  corporation 
duly  organized  and  existing,  in  good  standing,  under  the 
laws  of  the  State  of  Maryland,  (ii)  has  the  corporate 
power  to  own  its  property  and  to  carry  on  its  business  as 
now  being  conducted,  and  (iii)  is  duly  qualified  to  do  busi- 
ness and  is  in  good  standing  in  each  jurisdiction  in  which 
the  character  of  the  properties  owned  by  it  therein  or  in 
which  the  transaction  of  its  business  makes  such  qualifica- 
tion necessary. 

(c)  Corporate  Authority.  The  Company  has  full  power 
and  authority  to  enter  into  this  Agreement,  to  make  the 
borrowing  hereunder,  to  execute  and  deliver  this  Agree- 
ment, the  Guaranty  Agreement,  the  Trust  Agreement,  the 
Deed  of  Trust  and  all  other  documents  necessary  in  the 
premises,  and  to  incur  the  obligations  provided  for  herein 
and  therein,  all  of  which  have  been  duly  authorized  by  all 
proper  and  necessary  corporate  action.  No  consent  or  ap- 
proval of  stockholders  or  of  any  public  authority  or  regula- 
tory body  is  required  as  a  condition  to  the  validity  or  en- 
forceability of  this  Agreement,  the  Guaranty  Agreement, 
the  Trust  Agreement,  or  the  Deed  of  Trust. 

(d)  Binding  Agreement.  This  Agreement,  the  Guaranty 
Agreement,  the  Trust  Agreement,  and  the  Deed  of  Trust 
constitute  the  valid  and  legally  binding  obligations  of  the 
Company,  and  are  fully  enforceable  against  the  Company 
in  accordance  with  their  respective  terms. 

(e)  Litigation.  There  are  no  proceedings  pending  or,  so 
far  as  the  officers  of  the  Company  know,  threatened,  before 
any  court  or  administrative  agency  which,  in  the  opinion  of 
the  Officers  of  the  Company,  will  materially  adversely 
affect  the  validity  or  enforceability  of  this  Agreement,  the 
Ordinance,  the  Guaranty  Agreement,  the  Trust  Agreement 
or  the  Deed  of  Trust. 

(f)  N'o  Conflicting  Agreements.  There  is  no  charter, 
by-law  or  preference  stock  provision  of  the  Company  and  no 
provision  of  any  existing  mortgage,  indenture,  contract  or 
agreement  binding  on  the  Company  or  affecting  its  prop- 
erty, which  would  conflict  with  or  in  any  way  prevent  the 
execution,  delivery,  or  carrying  out  of  the  terms  of  this 


ORDINANCES  299 

Agreement,  the  Guaranty  Agreement,  the  Trust  Agreement, 
or  the  Deed  of  Trust. 

(g)  Financial  Condition.  The  balance  sheet  of  the  Com- 
pany as  of  ,  1977,  together  with  state- 
ments of  profit  and  loss  and  of  surplus  for  the  period  then 
ended,  heretofore  delivered  to  the  Bank,  are  complete  and 
correct  and  fairly  present  the  financial  condition  of  the  Com- 
pany and  the  results  of  its  operations  and  transactions  in  its 
surplus  accounts  as  of  the  date  and  for  the  period  referred 
to  and  have  been  prepared  in  accordance  with  generally  ac- 
cepted accounting  principles  applied  on  a  consistent  basis 
throughout  the  period  involved.  There  are  no  liabilities, 
direct  or  indirect,  fixed  or  contingent,  of  the  Company  as  of 
the  date  of  such  balance  sheet  which  are  not  reflected  there- 
in or  in  the  notes  thereto.  There  has  been  no  material  ad- 
verse change  in  the  financial  condition  or  operations  of  the 
Company  since  the  date  of  such  balance  sheet.  The  Company 
has  good  and  marketable  title  to  all  its  properties  and  assets, 
and  all  such  properties  and  assets  are  free  and  clear  of  mort- 
gages, pledges,  liens,  changes  and  other  encumbrances, 
except  as  reflected  on  such  balance  sheet  or  the  notes 
thereto. 

(h)  Utility  Arrangements  and  Permits.  The  Company 
has  procured,  or  hereby  agrees  to  use  its  best  efforts  to  pro- 
cure, from  the  appropriate  state,  county,  municipal,  and 
other  authorities  and  corporations,  connection  and  dis- 
charge arrangements  for  the  supply  of  water,  gas,  elec- 
tricity and  other  utilities  and  sewage  and  industrial  waste 
disposal  for  the  operation  of  the  Industrial  Buildings. 

(i)  Tax  Returns.  The  Company  has  filed  all  required 
federal,  State  and  local  tax  returns  and  has  paid  all  taxes  as 
shown  on  such  returns  as  they  have  become  due.  Federal 
income  taxes  have  been  audited  through  , 

and  no  claims  have  been  assessed  and  are  unpaid  with 
respect  to  such  taxes  except  as  shown  in  the  balance  sheet 
referred  to  in  (g)  above. 

(j)  Use  of  Loan  Proceeds.  The  Company  intends  to  use 
the  proceeds  of  the  Loan  solely  to  acquire  the  Industrial 
Buildings.  The  Company  intends  the  Bond  to  be  an  "Indus- 
trial Development  Bond"  within  the  meaning  of  Section 
103(b)(2)  of  the  Code. 


300  ORDINANCES  Ord.  No.  704 

Substantially  all  of  the  proceeds  of  the  Bond  will  be  used 
to  acquire  land  or  to  acquire  property  of  a  character  sub- 
ject to  the  allowance  for  depreciation  as  prescribed  in  Sec- 
tion 103(b)  (6)  (A)  of  the  Code;  and  the  Company  will  not 
commit  any  act  which  will  adversely  affect  the  tax  exempt 
status  of  the  interest  on  the  Bond.  No  part  of  the  proceeds 
of  the  Bond  will  be  used  to  finance  inventory  or  for  working 
capital.  On  the  basis  of  the  facts,  estimates  and  circum- 
stances in  existence  on  the  date  of  this  Agreement,  a  period 
of  less  than  three  (3)  years  from  the  date  of  issuance  of  the 
Bond  is  necessary  for  the  completion  of  the  acquisition  of 
the  Industrial  Buildings. 

(k)  Liens  on  Collateral.  There  exist (s)  no  lien  or  liens 
on  the  collateral  pledged  as  security  for  the  Loan  under 
Section  2.2  of  this  Agreement  or  on  any  of  the  property 
pledged  as  security  for  the  Loan  under  the  Deed  of  Trust. 

(1)  Commencement  of  Work  and  Binding  Obligations. 
The  Company  did  not  commence  work  on,  and  did  not  incur 
any  binding  obligations  for  the  acquisition  of,  the  Industrial 
Buildings  until  after  ,  1978. 

Sec.  3.3.  Findings  by  City.  The  City  hereby  confirms  its 
findings  that  the  acquisition  of  the  Industrial  Buildings  will 
promote  the  purposes  of  the  Act  by  (i)  maintaining  em- 
ployment and  relieving  unemployment  in  the  City  of  Balti- 
more, and  elsewhere  in  the  State  of  Maryland;  (ii)  en- 
couraging the  increase  of  industry  and  a  balanced  economy 
in  the  State  of  Maryland  and  in  the  City  of  Baltimore;  (iii) 
promoting  economic  development;  and  (iv)  thus  promoting 
the  health,  welfare  and  safety  of  the  residents  of  the  City 
of  Baltimore  and  of  the  State  of  Maryland. 

ARTICLE  IV. 

Commencement  and  Completion  of  the 
Industrial  Buildings;  Issuance  of  the  Bond 

Sec.  4.1.  Agreement  to  Acquire  the  Industrial  Buildings. 
The  Company  covenants  and  agrees  that : 

(a)  It  will  cause  the  Industrial  Buildings  to  be  acquired 
substantially  in  accordance  with  the  description  of  the  In- 
dustrial Buildings  set  forth  in  Exhibit  A  attached  hereto 


ORDINANCES  301 

and  the  Plans  and  Specifications  (referred  to  and  defined 
in  the  Trust  Agreement) . 

(b)  It  will  submit  the  Plans  and  Specifications  (referred 
to  and  defined  in  the  Trust  Agreement)  to  the  Bank  and  the 
Department  of  Housing  and  Community  Development  for 
approval.  The  Company  understands  that,  in  addition  to  the 
economic  feasibility  of  the  construction  of  the  Industrial 
Buildings,  the  Department  of  Housing  and  Community  De- 
velopment may  consider,  without  limitation,  the  suitability 
of  the  site  plan,  architectural  treatment,  building  plans, 
elevations,  materials,  color,  construction  details,  access  park- 
ing, loading,  landscaping,  identification  signs,  exterior  light- 
ing, refuse  collection  details,  streets,  sidewalks,  and  har- 
mony between  the  plans  and  the  surroundings  of  the 
proposed  Industrial  Buildings;  and  that  the  Department  of 
Housing  and  Community  Development  may  refuse  approval 
of  the  Plans  and  Specifications  for  aesthetic  or  functional 
reasons. 

(c)  It  and  its  developers  will  work  with  the  design  ad- 
visory group  appointed  by  the  Department  of  Housing  and 
Community  Development  in  order  to  achieve  high  quality 
site,  building,  and  landscape  design. 

(d)  Without  the  prior  written  consent  of  the  Bank  as 
agent  for  the  holder  of  the  Bond,  it  and  its  contractors  will 
not  make  any  changes  in  the  Industrial  Buildings  to  be 
acquired  as  described  in  Exhibit  A  attached  hereto  or  in 
the  Plans  and  Specifications  (referred  to  and  defined  in  the 
Trust  Agreement). 

(e)  It  will  cause  the  acquisition  of  the  Industrial  Build- 
ings to  be  completed  within  the  period  of  time  prescribed  in 
Section  1  of  the  Trust  Agreement.  In  the  event  the  acqui- 
sition of  the  Industrial  Buildings  commences  prior  to  the 
receipt  of  proceeds  from  the  sale  of  the  Bond,  the  Company 
agrees  to  advance  all  funds  necessary  for  such  purposes, 
subject  to  reimbursement  pursuant  to  the  provisions  hereof. 
Nothing  contained  in  this  Section  shall  relieve  the  Company 
from  making  any  payments  required  to  be  made  pursuant 
hereto. 

Sec.  4.2.  Agreement  to  Issue  Bond;  Application  of  Bond 
Proceeds.  In  order  to  provide  funds  for  payment  of  the 


302  ORDINANCES  Ord.  No.  704 

costs  of  acquisition  provided  for  in  Section  4.3  hereof,  the 
City  agrees  that  it  will  issue  and  sell  the  Bond  and  cause 
the  Bond  to  be  delivered  to  the  Bank  pursuant  to  and  in 
accordance  with  the  Ordinance.  Upon  receipt  of  the  pro- 
ceeds of  the  Bond,  the  City  will  disburse  such  proceeds  to 
the  Company  in  accordance  with  the  provisions  of  the  Or- 
dinance and  Section  4.3  of  this  Agreement. 

Sec.  4.3.  Disbursement  of  the  Loan  Proceeds.  The  City 
and  the  Company  hereby  authorize  and  direct  the  use  of  the 
proceeds  of  the  Loan  for  the  following  purposes  (and,  sub- 
ject to  the  provisions  of  Section  4.6  hereof,  for  no  other 
purpose) : 

(a)  Payment  of  the  necessary  expenses  of  preparing 
and  selling  the  Bond;  the  fees  and  expenses  for  recording 
or  filing  any  financing  statements  required  by  the  City  or 
the  Bank  as  agent  for  the  holder  of  the  Bond  to  be  recorded 
or  filed,  and  any  other  documents  or  instruments,  the  filing 
or  recording  of  which  either  the  City,  the  Bank  as  agent 
for  the  holder  of  the  Bond,  or  the  Company,  or  counsel  to 
the  City,  the  Bank  as  agent  for  the  holder  of  the  Bond,  or 
the  Company  may  reasonably  deem  desirable;  and  the  fees 
and  expenses  in  connection  with  the  commencement  and 
prosecution  of  any  action  or  proceeding  that  either  the  City, 
the  Bank  as  agent  for  the  holder  of  the  Bond,  or  the  Com- 
pany, or  counsel  to  the  City  the  Bank  as  agent  for  the 
holder  of  the  Bond,  or  the  Company  may  reasonably  deem 
desirable  in  connection  with  this  Agreement  and  the  trans- 
actions contemplated  hereby. 

(b)  Subject  to  the  terms  and  conditions  of  the  Trust 
Agreement,  payment  to  the  Company  of  such  amount,  if 
any,  as  shall  be  necessary  to  reimburse  the  Company  for  all 
advances  and  payments  made  or  costs  incurred  by  the  Com- 
pany prior  to  or  after  the  execution  of  this  Agreement  for 
expenditures  in  connection  with  the  preparation  of  the  Plans 
and  Specifications  (referred  to  and  defined  in  the  Trust 
Agreement)  for  the  Industrial  Buildings  (including  any  pre- 
liminary study  of  the  Industrial  Buildings  or  any  aspect 
thereof) ;  site  improvements;  any  and  all  direct  and  indi- 
rect costs  of  acquisition  of  the  Industrial  Buildings;  the 
construction,  acquisition  and  installation  necessary  to  pro- 
vide utility  services;  acquisition  of  all  other  real  and  per- 


ORDINANCES  303 

sonal  property  deemed  necessary  in  connection  with  the 
Industrial  Buildings;  and  for  miscellaneous  expenses  inci- 
dental to  any  of  the  above  (including,  without  limitation, 
fees  for  architectural,  engineering  and  supervisory  services 
with  respect  to  any  of  the  foregoing) . 

(c)  Payment  of  the  legal  and  accounting  fees  (including 
those  of  the  Bank  as  agent  for  the  holder  of  the  Bond  and 
the  City)  and  expenses  incurred  in  connection  with  the  au- 
thorization, issuance  and  sale  of  the  Bond,  the  preparation 
of  this  Agreement  and  all  other  documents  in  connection 
therewith  and  in  connection  with  the  acquisition  of  title 
to  the  Industrial  Buildings;  and  payment  of  the  fees,  or 
out-of-pocket  expenses,  of  the  City,  if  any,  incurred  with 
respect  to  the  Industrial  Buildings  or  the  Bond  to  be  issued 
under  the  Ordinance. 

(d)  Payment  for  labor,  services,  materials  and  supplies 
used  or  furnished  for  any  of  the  purposes  or  objectives  set 
out  in  Section  4.3(b)  above,  subject  to  the  terms  and  con- 
ditions of  the  Trust  Agreement. 

(e)  Payment  to  the  Bank  as  agent  for  the  holder  of  the 
Bond,  as  such  payments  become  due,  of  the  fees  and  ex- 
penses of  the  Bank  as  agent  for  the  holder  of  the  Bond 
that  may  become  due  during  the  Acquisition  Period,  or 
reimbursement  thereof,  if  paid  by  the  Company. 

(f)  Payment  of  expenses  incurred  with  the  approval 
of  the  Company  in  seeking  to  enforce  any  remedy  against 
any  contractor  or  subcontractor  in  respect  of  any  default 
under  any  contracts  to  which  the  Company  is  a  party  in  con- 
nection with  the  Industrial  Buildings. 

(g)  Payment  of  any  other  expenses  authorized  under 
the  Act. 

The  proceeds  of  the  Loan  will  be  disbursed  by  the  City 
to  the  Company,  and  the  Company  will  simultaneously  de- 
posit such  proceeds  in  trust  with  the  Trustees  under  and 
pursuant  to  the  Trust  Agreement,  to  be  held,  invested  and 
disbursed  by  the  Trustees  as  therein  provided  for  the  pur- 
poses set  forth  in  this  Agreement  and  the  Trust  Agree- 
ment. Unless  the  prior  written  consent  of  the  holder  of  the 
Bond  is  obtained,  the  proceeds  of  the  Loan  may  be  disbursed 


304  ORDINANCES  Ord.  No.  704 

only  in  accordance  with  the  terms,  conditions,  provisions 
and  procedures  set  forth  in  the  Trust  Agreement. 

The  Company  covenants  that  substantially  all  of  the  pro- 
ceeds of  the  Bond  shall  be  used  in  compliance  with  Section 
103(b)  (2)  of  the  Code,  and  shall  be  used  for  the  acquisition 
of  land  or  the  acquisition,  construction  or  installation  of 
property  of  a  character  subject  to  the  allowance  for  depre- 
ciation as  prescribed  in  Section  103(b)(6)(A)  of  the  Code. 
All  moneys  remaining  on  deposit  after  the  Completion  Date 
and  after  payment  of  all  items  provided  for  in  this  Section, 
except  for  amounts  required  by  the  Company  for  payment 
of  costs  of  the  Industrial  Buildings  not  then  due  and  pay- 
able, and  any  moneys  held  by  the  Trustees  at  the  time  of 
default  under  Section  8  of  the  Trust  Agreement,  shall  be 
disbursed  by  the  Trustees  to  the  City  to  be  applied  to  the 
prepayment,  without  premium  or  penalty,  of  the  amounts 
due  hereunder,  and  such  amounts  shall  be  applied  by  the 
City  to  the  immediate  prepayment,  without  premium  or 
penalty,  of  the  amounts  due  hereunder,  and  such  amounts 
shall  be  applied  by  the  City  to  the  immediate  prepayment, 
without  premium  or  penalty,  of  the  principal  of  the  Bond 
(in  the  inverse  order  of  the  installment  payment  dates)  in 
accordance  with  the  terms  and  provisions  of  the  Ordinance. 
Any  such  prepayment  made  under  this  Section  4.3  need  not 
be  made  (a)  in  multiples  of  $19,000,  or  (b)  on  an  interest 
payment  date. 

Sec.  4.4.  Establishment  of  Completion  Date.  The  Com- 
pletion Date  shall  be  evidenced  to  the  Bank  as  agent  for 
the  holder  of  the  Bond,  the  Trustees  and  the  City  by  a  cer- 
tificate signed  by  the  Authorized  Company  Representative 
and  by  the  Company's  architect  (approved  by  the  Bank  as 
agent  for  the  holder  of  the  Bond)  stating  in  substance  that 
(1)  the  acquisition  of  the  Industrial  Buildings  has  been 
completed  in  accordance  with  the  description  thereof  set 
forth  in  Exhibit  A  hereto  and  the  Plans  and  Specifications 
(referred  to  and  defined  in  the  Trust  Agreement),  and  all 
labor,  services,  materials  and  supplies  used  in  such  acqui- 
sition have  been  paid  for,  (2)  all  other  improvements 
necessary  in  connection  with  the  Industrial  Buildings  have 
been  acquired  and  constructed  substantially  in  accordance 
with  the  description  thereof  set  forth  in  Exhibit  A  hereto, 


ORDINANCES  305 

and  all  costs  and  expenses  incurred  in  connection  therewith 
have  been  paid,  (3)  the  Industrial  Buildings  are  suitable  and 
sufficient  for  their  intended  purposes,  and  (4)  substantially- 
all  of  the  proceeds  from  the  Bond  theretofore  advanced  by 
the  Trustees  have  been  used  for  purposes  allowable  under 
Section  103(b)(2)  of  the  Code.  Such  certificate  shall  have 
attached  thereto  final  waivers  of  liens  of  the  general  con- 
tractor and  all  subcontractors  and  suppliers  as  well  as  a 
copy  of  the  permanent  certificate  of  occupancy. 

Notwithstanding  the  foregoing,  such  certificate  shall  state 
that  it  is  given  without  prejudice  to  any  rights  against 
third  parties  which  exist  at  the  date  of  such  certificate  or 
which  may  subsequently  come  into  being.  It  shall  be  the 
duty  of  the  Company  to  cause  such  certificate  to  be  fur- 
nished as  soon  as  the  acquisition  of  the  Industrial  Buildings 
shall  have  been  completed. 

Sec.  4.5.  Company  Required  to  Pay  Costs  in  the  Event 
Bond  Proceeds  Insufficient.  In  the  event  the  proceeds  of 
the  Bond  available  for  payment  of  the  costs  of  the  acqui- 
sition of  the  Industrial  Buildings  shall  not  be  sufficient  to 
pay  the  costs  thereof  in  full  (including  all  items  of  cost  set 
forth  in  Section  4.3  hereof),  the  Company  agrees  to  com- 
plete the  acquisition  of  the  Industrial  Buildings  and  pay  all 
that  portion  of  the  costs  of  the  acquisition  of  the  Industrial 
Buildings  (including  all  items  of  cost  set  forth  in  Section 
4.3  hereof)  as  may  be  in  excess  of  the  proceeds  of  the  Bond 
available  therefor.  The  City  does  not  make  any  warranty, 
either  express  or  implied,  that  the  proceeds  of  the  Bond 
which,  under  the  provisions  of  this  Agreement,  will  be 
available  for  payment  of  the  costs  of  the  acquisition  of  the 
Industrial  Buildings  will  be  sufficient  to  pay  all  the  costs 
which  will  be  incurred  in  that  connection  (including  all 
items  of  cost  set  forth  in  Section  4.3  hereof) .  The  Company 
agrees  that  if  after  exhaustion  of  the  proceeds  of  the  Bond 
the  Company  shall  pay  any  portion  of  the  costs  of  the 
acquisition  of  the  Industrial  Buildings  pursuant  to  the 
provisions  of  this  Section,  it  shall  not  be  entitled  to  any 
reimbursement  therefor  from  the  City,  or  from  the  Bank, 
or  from  the  Bank  as  agent  for  the  holder  of  the  Bond,  or 
from  the  holder  of  the  Bond,  or  from  the  Trustees,  nor  shall 
it  be  entitled  to  any  diminution  of  the  amounts  payable 
hereunder. 


306  ORDINANCES  Ord.  No.  704 

Sec.  4.6.  Investment  of  Money.  Any  moneys  held  by  the 
Trustees  under  the  Trust  Agreement  and  not  required  for 
immediate  disbursements  and  withdrawal  shall,  at  the  writ- 
ten request  of  the  Authorized  Company  Representative,  be 
invested  or  reinvested  to  the  extent  permitted  by  law,  in 
the  following:  (i)  general  obligations,  of,  or  obligations 
unconditionally  guaranteed  as  to  principal  and  interest  by, 
the  United  States  of  America;  (ii)  bonds,  debentures,  par- 
ticipation certificates  or  notes  issued  by  any  agency  or 
corporation  which  is  or  may  hereafter  be  created  by  Act 
of  the  Congress  of  the  United  States  as  an  agency  or  instru- 
mentality thereof;  (iii)  Public  Housing  Bonds,  Temporary 
Notes  or  Preliminary  Loan  Notes,  fully  secured  by  contracts 
with  the  United  States;  (iv)  certificates  of  deposit  issued 
by  the  Bank,  or  any  other  bank,  trust  company  or  national 
banking  association,  organized  under  the  laws  of  the  United 
States  or  any  state  thereof,  which  has  a  combined  capital 
of  at  least  $40,000,000,  in  any  amount;  or  (v)  any  other 
investment  which  the  Trustees  may  legally  make  under 
federal  and  Maryland  law  and  which  is  approved  by  the 
Bank  as  agent  for  the  holder  of  the  Bond.  Such  investments 
shall  be  made  in  the  discretion  of  the  Trustees;  provided, 
however,  that  the  Company  may  by  written  direction  from 
the  Authorized  Company  Representative  to  the  Trustees 
direct  the  investments.  All  such  investments  shall  have 
maturities  consonant  with  the  need  for  funds  as  estimated 
by  such  Authorized  Company  Representative.  The  Company 
covenants  that  it  will  not  direct  or  permit  investments 
which  would  cause  the  Bond  to  be  an  "arbitrage  bond" 
within  the  meaning  of  Section  103(c)(2)  of  the  Code.  On 
each  interest  payment  date,  as  provided  in  Section  5.3 
hereof,  any  profit  realized  from  investments  made  here- 
under shall  be  paid  over  by  the  Trustees  to  the  Bank  as 
agent  for  the  holder  of  the  Bond  (as  assignee  of  the  City) 
and  shall  be  applied  by  the  Bank  as  agent  for  the  holder 
of  the  Bond  to  the  interest  on  the  Loan  due  and  payable 
on  such  date.  To  the  extent  that  any  profits  are  so  paid 
over  and  applied,  the  payment  of  interest  for  which  the 
Company  is  responsible  on  such  date  shall  be  reduced  ac- 
cordingly. Excess  profits,  over  and  above  the  interest  due 
and  payable  on  such  date  shall  remain  on  deposit  (and  be 
reinvested  by  the  Trustees  to  the  extent  practicable)  until 
the  next  interest  payment  date,  when  it  will  be  paid  over 


ORDINANCES  307 

and  applied  as  aforesaid.  Upon  completion  of  the  acquisition 
of  the  Industrial  Buildings,  all  moneys  held  by  the  Trustees 
shall  be  applied  as  set  forth  in  the  last  literary  paragraph 
of  Section  4.3  of  this  Agreement. 

ARTICLE  V. 

Effective  Date  of  This  Agreement;  Duration  of 

Loan  Term;  Ownership  and  Possession  of  Industrial 

Buildings;  Repayment  Provisions;  Obligations  of 

Company  Unconditional 

Sec.  5.1.  Effective  Date  of  This  Agreement;  Duration  of 
Loan  Term.  This  Agreement  shall  become  effective  upon  its 
delivery,  and  shall  expire  on  such  date  as  the  Bond  has 
been  fully  paid  and  retired  and  all  other  payments  required 
hereunder  have  been  made;  provided  however,  that  the 
expiration  of  this  Agreement  shall  not  affect  the  Company's 
obligation  to  pay  to  the  holder  of  the  Bond  an  additional 
amount  after  the  Bond  has  been  fully  paid  and  retired  in 
the  event  that  the  holder  of  the  Bond  in  a  tax  return  or  as 
a  result  of  a  deficiency  assessment  or  otherwise,  incurs  a 
tax  liability  as  more  fully  set  out  in  Section  5.3  hereof. 

Sec.  5.2.  Ownership  and  Possession  of  the  Industrial 
Buildings.  The  City  agrees  that  the  Industrial  Buildings  shall 
be  the  sole  property  of  the  Company  and  that  the  Company 
shall  enjoy  the  sole  and  exclusive  ownership  and  possession 
of  the  Industrial  Buildings  (subject  to  the  right  of  the  City 
to  enter  thereon  for  inspection  and  other  purposes  pursuant 
to  the  provisions  of  Section  9.2  hereof) .  The  City  covenants 
and  agrees  that  it  will  not  take  any  action,  other  than  pur- 
suant to  Article  X  of  this  Loan  Agreement  and  its  general 
police  powers,  to  prevent  the  Company  from  having  quiet 
and  peaceable  enjoyment  of  the  Industrial  Buildings. 

Sec.  5.3.  Amounts  Payable.  The  Company  promises  to 
repay  the  Loan  with  interest  on  the  unpaid  principal  amount 
thereof,  from  the  date  hereof,  at  the  rate  of  7%%  per 
annum  (calculated  on  the  basis  of  a  360-day  year  factor 
applied  to  actual  days  elapsed) ;  provided,  however,  that 
during  any  period  in  which  the  interest  payable  on  the 
Bond  is  validly  includible  in  the  gross  income  (as  defined 


308  ORDINANCES  Ord.  No.  704 

in  Section  61  of  the  Internal  Revenue  Code  of  1954,  as 
amended)  of  the  holder  of  the  Bond,  the  rate  of  interest 
payable  on  the  unpaid  principal  amount  of  the  Loan  shall 
be  the  annual  rate  which  is  at  all  times  equal  to  (a)  the 
commercial  prime  rate  of  interest  in  effect  at  the  Bank 
from  time  to  time  (floating),  plus  (b)  2Vfc%  Per  annum 
(calculated  on  the  basis  of  a  360-day  year  factor  applied 
to  actual  days  elapsed)  (hereinafter  called  the  "Taxable 
Rate"). 

The  principal  of  and  interest  on  the  Loan  shall  be  pay- 
able in  lawful  money  of  the  United  States  of  America  at 
the  time  of  payment  as  follows : 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of  March 
and  September  in  each  year,  commencing  on  September  1, 
1978,  continuing  to  and  including  March  1,  1999,  or  until 
the  principal  amount  shall  have  been  paid  in  full ; 

(b)  commencing  on  March  1,  1979,  continuing  to  and 
including  September  1,  1980,  $47,000  of  the  principal  amount 
shall  be  paid  in  4  equal,  consecutive  installments  of  $11,750 
each,  payable  on  the  first  days  of  March  and  September  in 
each  year; 

(c)  then,  commencing  on  March  1,  1981,  continuing  to 
and  including  March  1, 1999,  the  remaining  principal  amount 
shall  be  paid  in  37  equal,  consecutive  semi-annual  install- 
ments of  $19,000  each,  payable  on  the  first  days  of  March 
and  September  in  each  year ; 

(d)  the  Loan  will  mature,  and  the  entire  unpaid  bal- 
ance of  the  principal  thereof  and  all  accrued  and  unpaid 
interest  thereon  shall  be  due  and  payable  on  March  1,  1999; 
and 

(e)  all  payments  received  shall  be  applied  first  to  in- 
terest and  the  balance  to  principal. 

In  any  event,  each  and  every  payment  to  be  made  under 
this  Section  shall  be  sufficient  to  pay  the  payments  of  in- 
terest on  and  the  installments  of  the  principal  of  and  inter- 
est on  the  Bond  when  due  (whether  at  maturity,  by  re- 
demption, by  acceleration  or  otherwise) . 


ORDINANCES  309 

The  Company  agrees  to  pay  to  (and  within  30  days  after 
the  request  of)  the  City,  the  Bank,  or  the  Bank  as  agent  for 
the  holder  of  the  Bond,  until  the  principal  of  and  interest 
on  the  Bond  shall  have  been  paid  in  full,  (i)  the  ordinary 
and  reasonable  fees,  charges  and  expenses  of  the  City,  the 
Bank,  and  the  Bank  as  agent  for  the  holder  of  the  Bond 
incurred  in  connection  with  the  transactions  contemplated 
by  this  Loan  Agreement  as  and  when  the  same  become  due, 
and  (ii)  the  reasonable  fees,  charges  and  expenses  incurred 
by  the  City  under  the  Ordinance  as  and  when  the  same  be- 
come due,  including,  but  not  limited  to,  any  expenses  in- 
curred by  the  City  in  authorizing  and  issuing  serial  bonds 
pursuant  to  Section  9  of  the  Ordinance. 

In  the  event  that  interest  payable  on  the  Bond  is  deter- 
mined to  be  includible  in  the  gross  income  (as  defined  in 
Section  61  of  the  Internal  Revenue  Code  of  1954,  as 
amended)  of  the  holder  of  the  Bond  so  as  to  cause  the  rate 
of  interest  on  the  Bond  to  be  the  Taxable  Rate,  the  Com- 
pany agrees  to  pay,  on  demand,  directly  to  the  holder  of 
the  Bond  an  additional  amount  of  money,  which  when 
added  to  the  interest  paid  on  the  Bond  from  the  date  the 
interest  became  so  includible  in  the  gross  income  of  the 
holder  would  cause  the  total  amount  of  interest  on  the 
Bond  from  such  date  to  the  date  upon  which  the  rate  of 
interest  on  the  Bond  is  so  increased,  to  have  been  paid  at  a 
rate  equal  to  the  Taxable  Rate,  and  such  amount  shall  be 
considered  additional  interest  on  the  Bond. 

In  the  event  that  after  the  Bond  has  been  fully  paid  and 
retired,  any  holder  of  the  Bond,  in  a  tax  return  or  as  a 
result  of  a  deficiency  or  otherwise,  incurs  a  tax  liability 
under  circumstances  that,  were  the  Bond  then  outstanding, 
would  cause  the  rate  of  interest  payable  on  the  Bond  to 
be  the  Taxable  Rate,  the  Company  agrees  to  pay,  on  de- 
mand, directly  to  that  holder  of  the  Bond  an  additional 
amount  of  money,  which  when  added  to  the  interest  paid 
on  the  Bond  from  the  date  the  interest  became  includible  in 
the  gross  income  of  that  holder,  would  cause  the  total 
amount  of  interest  on  the  Bond  from  such  date  to  the  date 
upon  which  the  interest  on  the  Bond  was  no  longer  includ- 
ible in  the  gross  income  of  that  holder  to  have  been  paid 
at  a  rate  equal  to  the  Taxable  Rate,  and  such  amount  shall 
be  considered  additional  interest  on  the  Bond.  In  the  event 


310  ORDINANCES  Ord.  No.  704 

that  after  the  Bond  has  been  transferred  in  accordance 
with  Section  9  of  the  Ordinance  but  prior  to  the  date  on 
which  the  Bond  has  been  fully  paid  and  retired,  any  pre- 
vious holder  of  the  Bond,  in  a  tax  return  or  as  a  result  of 
a  deficiency  or  otherwise,  incurs  a  tax  liability  as  a  result 
of  the  interest  payable  on  the  Bond  being  includible  in  the 
gross  income  (as  defined  in  Section  61  of  the  Code)  of  such 
previous  holder  of  the  Bond,  the  Company  agrees  to  pay, 
on  demand,  directly  to  that  previous  holder  of  the  Bond  an 
additional  amount  of  money,  which  when  added  to  the  in- 
terest paid  on  the  Bond  from  the  date  the  interest  on  the 
Bond  became  so  includible  in  the  gross  income  of  that 
holder  of  the  Bond,  would  cause  the  total  amount  of  interest 
on  the  Bond  from  such  date  to  the  date  upon  which  the 
interest  on  the  Bond  was  no  longer  includible  in  the  gross 
income  of  that  holder  to  have  been  paid  at  a  rate  equal  to 
the  Taxable  Rate,  and  such  amount  shall  be  considered  ad- 
ditional interest  on  the  Bond. 

In  the  event  the  Company  should  fail  to  make  any  of  the 
payments  required  in  this  Section,  the  item  or  installment 
so  in  default  shall  continue  as  an  obligation  of  the  Company 
until  the  amount  in  default  shall  have  been  fully  paid,  and 
the  Company  agrees  to  pay  such  item  or  installment  in 
default  with  interest  thereon  at  the  rate  of  13%  per  annum 
until  paid  (which  interest  shall  commence  to  accrue  on  the 
15th  day  following  the  day  on  which  such  item  or  install- 
ment was  due  and  payable) . 

Sec.  5.4.  Place  of  Payments.  The  payments  provided  for 
in  the  first  literary  paragraph  of  Section  5.3  hereof  shall  be 
made  in  immediately  available  funds  directly  to  the  Bank  as 
agent  for  the  holder  of  the  Bond,  at  its  offices  at  Calvert  and 
Fayette  Streets,  Baltimore,  Maryland  21203.  If  any  pay- 
ment hereunder  falls  due  on  any  day  which  is  not  a  Banking 
Day,  then  such  payment  date  shall  be  extended  to  the  next 
succeeding  full  Banking  Day.  The  payments  to  be  made 
under  the  fourth  literary  paragraph  of  Section  5.3  hereof 
shall  be  paid  directly  to  the  Bank  as  agent  for  the  holder  of 
the  Bond  or  directly  to  the  City  as  the  case  may  require. 

Sec.  5.5.  Obligations  of  the  Company  Hereunder  Uncon- 
ditional. The  obligation  of  the  Company  to  make  the  pay- 


ORDINANCES  311 

merits  required  in  Section  5.3  hereof  and  to  perform  and 
observe  the  other  agreements  on  its  part  contained  herein 
shall  be  absolute  and  unconditional,  irrespective  of  any  de- 
fense or  any  rights  of  set-off,  recoupment  or  counterclaim 
it  might  otherwise  have  against  the  City,  and  the  Company 
shall  pay  absolutely  net  during  the  term  of  this.  Agreement 
the  payments  to  be  made  on  account  of  the  Loan  as  pre- 
scribed in  Section  5.3  and  all  other  payments  required  here- 
under, free  of  any  deductions  and  without  abatement, 
diminution  or  set-off  other  than  those  herein  expressly  pro- 
vided; and  until  such  time  as  the  principal  of  and  interest 
on  the  Bond  shall  have  been  fully  paid,  the  Company:  (i) 
will  not  suspend  or  discontinue  any  payments  provided  for 
in  Section  5.3  hereof;  (ii)  will  perform  and  observe  all  of 
its  other  agreements  contained  in  this  Agreement;  and 
(iii)  except  as  provided  in  Article  XII  hereof,  will  not 
terminate  this  Agreement  for  any  cause,  including,  without 
limiting  the  generality  of  the  foregoing,  failure  of  the  Com- 
pany to  complete  the  acquisition  of  the  Industrial  Buildings, 
the  occurrence  of  any  acts  or  circumstances  that  may  con- 
stitute failure  of  consideration,  destruction  of  or  damage  to 
the  Industrial  Buildings,  commercial  frustration  of  purpose, 
any  change  in  the  tax  laws  of  the  United  States  of  America 
or  of  Maryland  or  any  political  subdivision  or  either  of 
these,  or  any  failure  of  the  City  to  perform  and  observe  any 
agreement,  whether  express  or  implied,  or  any  duty,  lia- 
bility or  obligation  arising  out  of  or  connected  with  this 
Agreement,  except  to  the  extent  permitted  by  this  Agree- 
ment. 

ARTICLE  VI. 

SEC.  6.1.  Affirmative  Covenants.  Throughout  the  Loan 
Term  the  Company  shall: 

(a)  Maintenance  of  Existence.  Preserve  and  maintain 
its  existence  in  good  standing  as  a  Maryland  corporation 
and  will  cause  each  of  its  subsidiaries  to  maintain  its  cor- 
porate existence  in  good  standing  in  the  jurisdiction  of  its 
incorporation. 

(b)  Maintenance  of  Properties.  Keep  the  Industrial 
Buildings  and  all  of  its  other  properties  and  improvements, 
necessary  in  the  judgment  of  the  Company  to  its  business, 
in  good  working  order  and  condition,  ordinary  wear  and 


312  ORDINANCES  Ord.  No.  704 

tear  excepted.  The  Company  shall  make  all  replacements 
and  repairs  reasonably  required  to  insure  the  foregoing. 

(c)  Compliance  with  Applicable  Laws.  Comply  with  the 
requirements  of  all  applicable  laws,  rules,  regulations,  and 
orders  of  any  governmental  authority,  a  breach  of  which 
would  materially  and  adversely  affect  (i)  the  financial  con- 
dition of  the  Company,  or  (ii)  the  ability  to  use  the  Indus- 
trial Buildings  for  the  purposes  for  which  it  was  designed, 
except  where  contested  in  good  faith  and  by  proper  pro- 
ceedings, provided,  that  in  the  sole  opinion  of  the  Bank  as 
agent  for  the  holder  of  the  Bond  the  security  for  the  Loan 
will  not  be  impaired  during  the  period  it  is  so  contested. 

(d)  Litigation.  Promptly  give  notice  in  writing  to  the 
City  and  the  Bank  as  agent  for  the  holder  of  the  Bond  of 
any  litigation,  pending  or  threatened,  and  of  any  proceeding 
before  any  governmental  or  regulatory  agency  which,  if 
adversely  determined,  would  materially  affect  (a)  the  fi- 
nancial condition  of  the  Company,  or  (b)  the  Company's 
use  of  the  Industrial  Buildings  for  the  purposes  for  which 
they  were  designed. 

(e)  Taxes  and  Claims.  Pay  and  discharge  and  cause 
each  of  its  subsidiaries  to  pay  and  discharge,  all  taxes,  as- 
sessments and  governmental  charges  or  levies  imposed  upon 
any  of  them  on  their  income  or  properties  prior  to  the  date 
on  which  penalties  attach  thereto,  and  all  lawful  claims 
which,  if  unpaid,  might  become  a  lien  or  charge  upon  such 
properties  (including  the  Industrial  Buildings)  to  such  an 
extent  as  to  materially  adversely  affect  the  Company's 
ability  to  use  such  properties  for  the  purposes  for  which 
they  were  designed,  provided  that  the  Company  shall  not  be 
required  to  pay  any  such  tax,  assessment,  charge,  levy  or 
claim,  the  payment  of  which  is  being  contested  in  good  faith 
and  by  proper  proceedings. 

(f)  Insurance.  Maintain,  and  cause  each  of  its  sub- 
sidiaries to  maintain,  insurance  with  responsible  insurance 
companies  on  such  of  their  properties,  including  the  In- 
dustrial Buildings,  in  such  amounts  and  against  such  risks 
as  is  customarily  maintained  by  similar  businesses  oper- 
ating in  the  same  vicinity,  and  with  respect  to  the  Indus- 
trial Buildings,  in  such  amounts  and  against  such  risks  as 


ORDINANCES  313 

required  by  the  provisions  of  the  Deed  of  Trust  and  the 
Trust  Agreement.  The  Company  shall  file,  and  cause  each  of 
its  subsidiaries  to  file,  with  the  Bank  as  agent  for  the  holder 
of  the  Bond  upon  its  request  a  detailed  list  of  the  insurance 
then  in  effect,  stating  the  names  of  the  insurance  com- 
panies, the  amounts  and  rates  of  the  insurance,  dates  of 
the  expiration  thereof  and  the  properties  and  risks  covered 
thereby;  and,  within  30  days  after  notice  in  writing  from 
the  holder  of  the  Bond,  or  the  Bank  as  agent  for  the  holder 
of  the  Bond,  obtain  such  additional  insurance  as  the  holder 
of  the  Bond,  or  the  Bank  as  agent  for  the  holder  of  the 
Bond,  may  reasonably  request.  If  the  Industrial  Buildings 
are  located  in  an  area  which  shall  at  any  time  be  designated 
as  a  special  flood  hazard  area,  the  Bank  as  agent  for  the 
holder  of  the  Bond  must  be  furnished  with  a  flood  insurance 
policy  in  the  amount  of  the  Loan  or  the  maximum  limit  of 
coverage  available  on  the  Industrial  Buildings,  whichever 
is  less.  If  the  Industrial  Buildings  are  not  located  in  a  spe- 
cial flood  hazard  area,  the  Company  shall  furnish  to  the 
Bank  as  agent  for  the  holder  of  the  Bond,  upon  its  request 
from  time  to  time,  a  signed  statement  to  that  effect  from 
the  Company's  licensed  insurance  agent  or  broker. 

(g)     Financial  Statements.  Furnish  to  the  Bank  as  agent 
for  the  holder  of  the  Bond  and  to  the  holder  of  the  Bond: 

(i)  as  soon  as  available  but  in  no  event  more  than 
45  days  after  the  close  of  each  of  the  Company's  fiscal 
quarters,  a  consolidated  balance  sheet  of  the  Company  and 
its  subsidiaries,  if  any,  as  of  the  end  of  such  quarter,  and  a 
consolidated  statement  of  earnings  and  surplus  of  the  Com- 
pany and  its  subsidiaries,  if  any,  for  such  period  and  con- 
solidated income  and  expense  statements  for  such  period, 
certified  by  the  principal  financial  officer  of  the  Company 
and  accompanied  by  a  certificate  of  that  officer  stating 
whether  any  event  has  occurred  which  constitutes  an  Event 
of  Default  hereunder,  or  which  would  constitute  such  an 
Event  of  Default  with  the  giving  of  notice  or  lapse  of  time 
or  both,  and  if  so,  stating  the  facts  with  respect  thereto; 
and 

(ii)  as  soon  as  available  but  in  no  event  more 
than  90  days  after  the  close  of  each  of  the  Company's  fiscal 
years,  (1)  a  copy  of  the  annual  financial  statement  in  rea- 


314  ORDINANCES  Ord.  No.  704 

sonable  detail  satisfactory  to  the  Bank  relating  to  the 
Company  and  its  subsidiaries,  if  any,  prepared  in  accord- 
ance with  generally  accepted  accounting  principles  and  ex- 
amined and  reported  upon  by  independent  certified  public 
accountants  satisfactory  to  the  Bank,  which  financial  state- 
ment shall  include  a  consolidated  balance  sheet  of  the  Com- 
pany and  its  subsidiaries,  if  any,  as  at  the  end  of  such  fiscal 
year  and  a  consolidated  statement  of  earnings  and  surplus 
of  the  Company  and  its  subsidiaries,  if  any,  for  such  fiscal 
year,  and  (2)  if  requested  by  the  Bank  as  agent  for  the 
holder  of  the  Bond,  a  cash  flow  projection  report  prepared 
by  the  Company  in  a  format  acceptable  to  the  Bank;  and 

(iii)  as  soon  as  available  but  in  no  event  more 
than  90  days  after  the  close  of  each  of  the  Company's  fiscal 
years,  a  letter  or  opinion  of  the  accountants  who  examined 
the  annual  financial  statement  relating  to  the  Company  and 
its  subsidiaries,  stating  whether  anything  in  such  account- 
ants' examination  has  revealed  the  occurrence  of  an  event 
which  constitutes  an  Event  of  Default  hereunder  or  which 
would  constitute  such  an  Event  of  Default  with  the  giving 
of  notice  or  the  lapse  of  time  or  both,  and,  if  so,  stating  the 
facts  with  respect  thereto,  unless,  as  a  matter  of  policy, 
such  accountants  do  not  furnish  such  letters  or  opinions; 
and 

(iv)  such  additional  information,  reports  or  state- 
ments as  the  Bank  may  from  time  to  time  reasonably  re- 
quest. 

(h)  Tangible  Net  Worth.  Maintain  a  tangible  net  worth 
(as  defined  in  accordance  with  generally  accepted  ac- 
counting principles  as  applied  to  the  Company  on  a  con- 
sistent basis  by  the  Company's  accountants  in  the  prepara- 
tion of  its  previous  annual  financial  statements)  of  not  less 
than  $875,000. 

(i)  Working  Capital.  Maintain  net  working  capital  of 
not  less  than  $725,000.  "Net  working  capital"  means  the 
excess  of  current  assets  over  current  liabilities  of  the  Com- 
pany and  its  subsidiaries,  inventory  being  valued  on  the 
FIFO  method.  "Current  assets"  and  "current  liabilities" 
are  to  be  determined  both  as  to  classification  of  items  and 


ORDINANCES  315 

amounts  in  accordance  with  generally  accepted  accounting 
principles  as  applied  to  the  Company  on  a  consistent  basis 
by  the  Company's  accountants  in  the  preparation  of  its 
previous  annual  financial  statements;  provided  that  there 
shall  be  excluded  from  current  assets  (i)  all  prepaid  ex- 
penses and  (ii)  all  amounts  due  to  the  Company  or  any 
subsidiary  from  any  of  its  directors,  officers  or  employees. 

ARTICLE  VII. 

Damage  and  Condemnation; 
Application  of  Net  Proceeds 

Sec.  7.1.  Damage,  Destruction  and  Condemnation.  Unless 
the  payments  required  to  be  made  pursuant  to  Section  5.3 
hereof  shall  have  been  accelerated  pursuant  to  the  pro- 
visions of  Section  10.2(a)  hereof,  or  the  Company  shall 
have  become  obligated  pursuant  to  Article  XI  hereof  to 
prepay  such  amounts,  if  prior  to  full  payment  of  the  Bond 
(i)  the  Industrial  Buildings  or  any  portion  or  portions 
thereof  are  damaged  by  fire  or  other  casualty  or  are  de- 
stroyed (in  whole  or  in  part),  or  (ii)  title  to,  or  the  use  of, 
the  Industrial  Buildings  or  any  part  thereof  or  the  interest 
of  the  Company  in  the  Industrial  Buildings  or  any  part 
thereof  shall  be  taken  under  the  exercise  of  the  power  of 
eminent  domain  by  any  governmental  body  or  by  any  per- 
son, firm,  or  corporation  acting  under  governmental  au- 
thority, either  temporarily  or  permanently,  the  Company 
shall  be  obligated  to  continue  to  pay  the  amounts  specified 
in  this  Agreement,  and  the  Company  will  cause  the  Net 
Proceeds  resulting  from  any  event  described  in  this  Section 
7.1  to  be  applied,  in  a  manner  approved  by  and  satisfactory 
in  all  respects  to  the  Bank  as  agent  for  the  holder  of  the 
Bond,  to  the  prompt  repair,  restoration,  relocation,  modifi- 
cation or  improvement  of  the  Industrial  Buildings  by  the 
Company. 

Sec.  7.2.  Insufficiency  of  Net  Proceeds.  If  the  Net  Pro- 
ceeds are  insufficient  to  pay  in  full  the  cost  of  any  repair, 
restoration,  relocation,  modification  or  improvement  re- 
ferred to  in  Section  7.1,  hereof,  the  Company  will  nonethe- 
less complete  the  work  and  will  pay  any  costs  of  such  work 
in  excess  of  the  amount  of  the  Net  Proceeds. 


316  ORDINANCES  Ord.  No.  704 

ARTICLE  VIII. 

Special  Covenants  and  Provisions 

Sec.  8.1.  No  Warranty  of  Condition  or  Suitability  by  the 
City.  The  City  makes  no  warranty,  either  express  or  im- 
plied, as  to  the  condition  of  the  Industrial  Buildings  or  any 
part  thereof,  or  that  the  Industrial  Buildings  will  be  suit- 
able (including,  without  limitation,  zoning  and  availability 
of  utilities)  for  the  Company's  purposes  or  needs. 

SEC.  8.2.  Right  of  Access  to  the  Industrial  Buildings.  The 
Company  agrees  that  the  City,  the  Bank  as  agent  for  the 
holder  of  the  Bond,  the  holder  of  the  Bond  and  their  duly 
authorized  agents  shall  have  the  right  at  all  reasonable 
times  to  enter  upon  the  Industrial  Buildings  and  the  land 
appurtenant  thereto  to  examine  and  inspect  the  Industrial 
Buildings  and  to  enforce  any  remedies  in  the  event  of  a 
default  under  this  Agreement. 

Sec.  8.3.  City  and  Company  Representatives.  The  Com- 
pany and  the  City,  respectively,  shall  designate,  in  the  man- 
ner prescribed  in  Article  I  hereof,  the  Authorized  Company 
Representative  and  the  Authorized  City  Representative.  In 
the  event  that  any  person  so  designated  and  his  alternate 
or  alternates,  if  any,  should  become  unavailable  or  unable 
to  take  any  action  or  make  any  certificate  provided  for  or 
required  in  this  Agreement,  a  successor  shall  be  appointed 
in  the  same  manner.  Whenever  under  the  provisions  of  this 
Agreement  the  approval  of  the  City  or  the  Company  is  re- 
quired, or  the  City  or  the  Company  is  required  to  take  some 
action  at  the  request  of  the  other,  such  approval  or  such 
request  shall  be  given  for  the  City  by  the  Authorized  City 
Representative,  and  for  the  Company  by  the  Authorized 
Company  Representative;  and  the  other  party  hereto,  the 
Bank  as  agent  for  the  holder  of  the  Bond  and  the  holder 
of  the  Bond  are  authorized  to  rely  upon  any  such  approval 
or  request,  and  neither  party  hereto  shall  have  any  com- 
plaint against  the  other  nor  against  the  Bank  as  agent  for 
the  holder  of  the  Bond  or  the  holder  of  the  Bond  as  a  result 
of  any  such  reliance. 

Sec.  8.4.  Further  Assurances  and  Corrective  Instruments. 
The  City  and  the  Company  agree  that  they  will,  from  time 


ORDINANCES  317 

to  time,  execute  and  deliver  or  cause  to  be  executed  and 
delivered,  such  supplements  hereto  and  such  further  instru- 
ments as  may  reasonably  be  required  for  carrying  out  the 
intention  of  the  parties  to,  or  facilitating  the  performance 
of,  this  Agreement. 

Sec.  8.5.  Covenants  with  Respect  to  Use  of  Bond  Pro- 
ceeds.  The  City  is  issuing  the  Bond  with  the  intention  that 
the  interest  on  the  Bond  be  and  remain  free  from  federal 
income  taxation  and  is  covenanting  with  the  holder  of  the 
Bond  that  it  (i)  will  make  no  use  of  the  proceeds  of  the 
Bond  which,  if  such  use  had  been  reasonably  expected  on 
its  date  of  issuance,  would  have  caused  the  Bond  to  be  an 
"arbitrage  bond"  within  the  meaning  of  Section  103(c)  of 
the  Code  as  in  effect  at  the  time  of  such  issuance,  and  (ii) 
will  comply  to  the  extent  applicable  with  the  requirements 
of  Section  103(c)  of  the  Code.  To  that  end  the  Company 
covenants  with  the  City  for  the  benefit  of  the  holder  of  the 
Bond  that  it  (i)  will  make  no  use  of  the  proceeds  of  the 
Bond  which,  if  such  use  had  been  reasonably  expected  on 
its  date  of  issuance,  would  have  caused  the  Bond  to  be  an 
"arbitrage  bond"  within  the  meaning  of  Section  103(c)  of 
the  Code  as  in  effect  at  the  time  of  such  issuance,  and  (ii) 
will  comply  to  the  extent  applicable  with  the  requirements 
of  Section  103(c)  of  the  Code.  The  Company  will  not  (a) 
take  any  action,  (b)  fail  to  take  any  action,  or  (c)  make 
any  use  of  the  Industrial  Buildings  or  the  proceeds  of  the 
Bond,  which  would  cause  the  interest  on  the  Bond  to  be  or 
become  subject  to  federal  income  taxes  in  the  hands  of  the 
holder  of  the  Bond. 

Sec.  8.6.  Modification  of  the  Industrial  Buildings  by  the 
Company.  Subject  to  the  representations  and  warranties 
contained  in  Section  3.2  hereof,  the  agreements  contained 
in  Section  4.1  hereof,  and  the  covenants  set  forth  in  Section 
8.5  above,  the  Company  may,  from  time  to  time,  and  at  its 
own  expense,  and  with  the  prior  written  consent  of  the 
holder  of  the  Bond,  install  additional  property  or  otherwise 
improve,  alter,  or  replace  the  Industrial  Buildings  with 
property  of  equal  or  greater  value. 

Sec.  8.7.  Restriction  on  Transfer  and  Encumbrance  of 
Industrial  Buildings  by  the  Company.  The  Company  agrees 


318  ORDINANCES  Ord.  No.  704 

that  it  will  not,  during  the  Loan  Term,  sell,  assign,  lease, 
transfer,  convey  or  otherwise  dispose  of  the  Industrial 
Buildings  (including  the  land  appurtenant  thereto)  or  any 
portion  thereof  nor  create  or  suffer  to  exist  any  lien  or  en- 
cumbrance upon  the  Industrial  Buildings  during  the  Loan 
Term. 

Sec.  8.8.  No  Pecuniary  Liability.  The  Act  prescribes,  and 
the  parties  intend  that  by  reason  of  making  this  Agree- 
ment, by  reason  of  the  issuance  of  the  Bond,  by  reason  of 
the  performance  of  any  act  required  of  it  by  this  Agree- 
ment, or  by  reason  of  the  performance  of  any  act  requested 
of  it  by  the  Company,  no  indebtedness  or  charge  against 
the  general  credit  or  taxing  powers  of  the  City  within  the 
meaning  of  any  constitutional  or  charter  provision  or  statu- 
tory limitation  shall  occur  or  shall  ever  constitute  or  give 
rise  to  any  pecuniary  liability  of  the  City.  Nevertheless,  if 
the  City  shall  incur  any  such  pecuniary  liability,  then  in 
such  event  the  Company  shall  indemnify  and  hold  the  City 
harmless  therefrom. 

Sec.  8.9.  No  Liability  to  Third  Parties.  Throughout  the 
Loan  Term,  no  person  or  entity  contracting  with  the  Com- 
pany with  respect  to  the  Industrial  Buildings  shall  be  reim- 
bursed by  the  City  under  any  circumstances  whatsoever. 
The  City's  issuance  of  the  Bond  and  loan  of  the  proceeds 
thereof  to  the  Company  shall  in  no  way  be  construed  as 
obligating  the  City  in  any  way  to  any  person  or  entity  for 
the  payment  of  any  expense  incurred  with  respect  to  the 
Industrial  Buildings. 

ARTICLE  IX. 

Assignment  and  Prepayment 

Sec.  9.1.  No  Assignment  by  Company.  This  Agreement 
may  not  be  assigned  by  the  Company  without  the  prior 
written  consent  of  the  holder  of  the  Bond. 

Sec.  9.2.  Assignment  by  City.  The  City  has,  simultane- 
ously with  the  delivery  of  this  Agreement,  by  execution 
and  delivery  of  the  Assignment,  assigned  all  moneys  due 
and  to  become  due  to  the  City  under  this  Agreement  and 


ORDINANCES  319 

all  of  the  City's  right,  title  and  interest  in  and  to,  and 
remedies  under,  this  Agreement  and  the  Deed  of  Trust,  to 
the  Bank  as  agent  for  the  holder  of  the  Bond  as  security 
for  the  payment  of  the  principal  of  and  interest  on  the 
Bond  and  all  sums  payable  under  the  Ordinance.  The  Com- 
pany agrees  that  it  will  make  payment  directly  to  the 
Bank  as  agent  for  the  holder  of  the  Bond  of  all  sums  speci- 
fied herein  as  amounts  payable  or  to  become  payable  by  the 
Company,  other  than  payments  to  be  made  to  the  City  pur- 
suant to  the  fourth  literary  paragraph  of  Section  5.3  hereof 
and  Sections  10.4,  12.2  and  12.9  hereof,  notwithstanding 
any  term  of  this  Agreement  or  the  non-performance  by  the 
City  of  any  obligation  hereunder,  or  any  other  matter  or 
event  whatsoever,  including  without  limitation,  the  bank- 
ruptcy, insolvency,  liquidation  or  nonexistence  of  the  City, 
which  might  otherwise  relieve  the  Company  from  the  obli- 
gation to  pay  such  amount,  and  that  the  same  shall  be  paid 
at  the  respective  times  specified  herein  for  the  payment 
thereof,  and  the  receipt  by  the  Bank  as  agent  for  the  holder 
of  the  Bond  of  such  payments  shall  discharge  the  obliga- 
tions of  the  Company  to  the  City  hereunder  to  the  extent 
thereof.  The  Company  agrees  that  no  such  payment  shall 
be  subject  to  any  right  of  setoff,  counterclaim  or  any  other 
defense  which  the  Company  may  or  might  now  or  here- 
after have  against  the  City,  the  Bank  as  agent  for  the 
holder  of  the  Bond,  or  the  holder  of  the  Bond,  and  that  all 
such  payments  shall  be  final,  and  the  Company  shall  not 
seek  to  recover  from  the  Bank  as  agent  for  the  holder  of 
the  Bond  for  any  reason  whatsoever,  any  moneys  paid  by 
the  Company  to  the  Bank  as  agent  for  the  holder  of  the 
Bond  by  virtue  of  this  Agreement  or  the  Assignment.  The 
Assignment  shall  not  impose  on  the  Bank  as  agent  for  the 
holder  of  the  Bond  any  of  the  duties,  liabilities,  or  obliga- 
tions of  the  City  hereunder,  but  the  Bank  as  agent  for  the 
holder  of  the  Bond  shall  acquire  thereby  all  rights  of  the 
City  hereunder  to  collect  and  receive  all  sums  payable  here- 
under, or  amounts  equal  thereto,  as  are  necessary  to  pay 
the  Loan  in  full  and  to  constitute  the  Bank  as  agent  for 
the  holder  of  the  Bond  the  beneficiary  of  the  obligations  of 
the  Company  herein  contained. 

Sec.  9.3.  Prepayment  of  the  Bond.  Upon  the  payment  of 
any  amounts  due  under  Section  5.3  hereof  or  elsewhere  in 


320  ORDINANCES  Ord.  No.  704 

this  Agreement  and  if  adequate  provision  has  been  made 
to  assure  that  money  sufficient  to  effect  prepayment  will 
be  on  deposit  with  the  Bank  as  agent  for  the  holder  of  the 
Bond  on  the  date  fixed  for  prepayment  (including  any  pre- 
mium or  additional  interest  required  under  the  Prepay- 
ment Provisions),  the  City  or  the  assignee  under  the  As- 
signment, at  the  request  at  any  time  of  the  Company,  and 
if  the  same  is  then  subject  to  prepayment,  shall  forthwith 
take  all  steps  that  may  be  necessary  under  the  Prepay- 
ment Provisions  to  effect  prepayment  of  all  or  part  of  the 
then  outstanding  principal  and  unpaid  accrued  interest  on 
the  Bond,  on  the  earliest  prepayment  date  on  which  such 
prepayment  may  be  made  under  the  Prepayment  Provisions. 

Sec.  9.4.  Reference  to  Bond  Ineffective  After  Bond  Paid. 
Except  as  provided  in  the  sixth  literary  paragraph  of  Sec- 
tion 5.3  hereof,  upon  payment  in  full  of  the  Bond  and  all 
fees  and  charges  of  the  Bank,  the  Bank  as  agent  for  the 
holder  of  the  Bond  and  the  City,  all  references  in  this 
Agreement  to  the  Bond  shall  be  ineffective,  and  the  holder 
of  the  Bond  shall  thereafter  have  no  rights  hereunder, 
saving  and  excepting  those  that  shall  have  theretofore 
vested. 

ARTICLE  X. 

Events  of  Default  and  Remedies 

Sec.  10.1.  Defaults.  It  shall  be  an  "event  of  default" 
under  this  Agreement,  if  any  of  the  following  shall  occur: 

(a)  Any  representation  or  warranty  made  by  the  Com- 
pany herein  or  any  statement  or  representation  made  in 
any  certificate,  report  or  opinion  (including  legal  opinions) 
delivered  pursuant  to  this  Agreement,  the  Trust  Agreement 
(including  requisitions  for  funds  under  Section  5.2  thereof), 
the  Deed  of  Trust  or  the  Guaranty  Agreement  shall  prove 
to  have  been  incorrect  in  any  material  respect  when  made 
or  shall  be  breached ;  or 

(b)  Default  shall  be  made  by  the  Company  in  the  pay- 
ment of  any  amounts  due  under  this  Agreement  when  due 
and  payable,  whether  at  maturity,  by  obligation  or  election 
to  prepay,  or  otherwise ;  or 


ORDINANCES  321 

(c)  Default  shall  be  made  by  the  Company  in  the  due 
observance  or  performance  of  any  other  term,  covenant  or 
agreement  herein  contained,  which  default  shall  remain  un- 
remedied for  30  days  after  written  notice  thereof  shall 
have  been  given  to  the  Company  by  the  Bank  as  agent  for 
the  holder  of  the  Bond  or  the  holder  of  the  Bond ;  provided, 
however,  if  such  default  be  such  that  it  cannot  be  corrected 
within  30  days,  it  shall  not  be  a  default  if  the  Company  is 
taking  appropriate  corrective  action  to  cure  the  default  and 
if  such  default  will  not  impair  the  security  assigned  to  the 
Bank  as  agent  for  the  holder  of  the  Bond;  or 

(d)  Any  obligation  of  the  Company  (other  than  its 
obligation  hereunder)  for  the  payment  of  borrowed  money 
in  excess  of  $50,000  becomes  or  is  declared  to  be  due  and 
payable  prior  to  the  expressed  maturity  thereof;  or 

(e)  The  Company  or  any  subsidiary  makes  an  assign- 
ment for  the  benefit  of  creditors,  files  a  petition  in  bank- 
ruptcy, is  adjudicated  insolvent  or  bankrupt,  petitions  or  ap- 
plies to  any  tribunal  for  any  receiver  or  any  trustee  of  the 
Company,  or  any  subsidiary,  or  any  substantial  part  of  its 
property,  or  if  the  Company  or  any  subsidiary  commences 
any  proceeding  relating  to  the  Company  or  any  subsidiary 
under  any  reorganization,  arrangement,  re-adjustment  of 
debt,  dissolution  or  liquidation  law  or  statute  of  any  jurisdic- 
tion, whether  now  or  hereafter  in  effect,  or  if  there  is  com- 
menced against  the  Company  or  any  subsidiary  any  such 
proceeding  which  remains  undismissed  for  a  period  of  30 
days,  or  if  the  Company  or  any  subsidiary  by  any  act  indi- 
cates its  consent  to,  approval  of  or  acquiescence  in  any  such 
proceeding  or  the  appointment  of  any  receiver  of  or  any 
trustee  for  the  Company,  or  any  subsidiary,  or  any  sub- 
stantial part  of  its  property,  or  suffers  any  such  receiver- 
ship or  trusteeship  to  continue  undischarged  for  a  period 
of  30  days ;  or 

(f )  Any  judgment  against  the  Company,  or  any  attach- 
ment or  other  levy  against  the  property  of  the  Company 
with  respect  to  a  claim,  for  any  amount  in  excess  of  $50,000 
remains  unpaid,  unstayed  on  appeal,  undischarged,  un- 
bonded or  undismissed  for  a  period  of  30  days ;  or 

(g)  Default  shall  be  made  by  the  Company  in  the  due 
observance  or  performance  of  any  term,  covenant  or  agree- 


322  ORDINANCES  Ord.  No.  704 

ment  contained  in  the  Trust  Agreement  or  the  Deed  of 
Trust  which  shall  remain  unremedied  for  any  applicable 
grace  period,  if  any,  specified  in  the  Trust  Agreement  or 
the  Deed  of  Trust,  respectively ;  or 

(h)  An  Event  of  Default  shall  occur  under  the  Guar- 
anty Agreement;  or 

(i)  Any  change  shall  occur  in  the  financial  condition  or 
operation  of  the  Company,  which,  in  the  opinion  of  the 
holder  of  the  Bond,  would  have  a  substantial  adverse  affect 
on  the  Company's  credit  worthiness  or  its  ability  to  operate 
properly,  and  as  a  result  thereof  the  holder  of  the  Bond, 
in  good  faith,  shall  have  determined  that  the  security  for 
the  Loan  is  inadequate  or  that  the  prospect  of  payment  of 
the  Loan  has  been  impaired. 

Sec.  10.2.  Remedies  on  Default  Whenever  any  "event  of 
default"  described  in  Section  10.1  hereof  shall  have  occurred: 

(a)  The  Bank  as  agent  for  the  holder  of  the  Bond,  or 
the  holder  of  the  Bond,  may.  by  written  notice  to  the  Com- 
pany, declare  forthwith  due  and  payable  the  principal  of 
and  interest  on  the  Loan  and  all  other  moneys  payable 
hereunder,  whereupon  the  same  will  become  forthwith  due 
and  payable,  without  further  protest,  presentment,  notice 
or  demand,  all  of  which  are  expressly  waived  by  the 
Company. 

(b)  The  Bank  as  agent  for  the  holder  of  the  Bond,  or 
the  holder  of  the  Bond,  or  the  City,  may  from  time  to  time 
take  whatever  action  at  law  or  in  equity  may  appear  neces- 
sary or  desirable  to  collect  the  moneys  payable  by  the  Com- 
pany hereunder,  (whether  then  due  or  thereafter  to  become 
due),  or  to  enforce  performance  and  observance  of  any  ob- 
ligation, agreement  or  covenant  of  the  Company  under  this 
Agreement. 

Sec.  10.3.  No  Remedy  Exclusive.  No  remedy  herein  con- 
ferred upon  or  reserved  to  the  City  or  the  holder  of  the 
Bond  or  the  Bank  as  agent  for  the  holder  of  the  Bond  is 
intended  to  be  exclusive  of  any  other  available  remedy  or 
remedies,  but  each  and  every  such  remedy  shall  be  cumu- 
lative and  shall  be  in  addition  to  every  other  remedy  given 
under  this  Agreement  or  now  or  hereafter  existing  at  law 


ORDINANCES  328 

or  in  equity  or  by  statute.  No  delay  or  omission  to  exercise 
any  right  or  power  accruing  upon  any  default  shall  impair 
any  such  right  or  power  or  shall  be  construed  to  be  a 
waiver  thereof,  but  any  such  right  or  power  may  be  exer- 
cised from  time  to  time  and  as  often  as  may  be  deemed 
expedient.  In  order  to  entitle  the  City,  the  holder  of  the 
Bond  or  the  Bank  as  agent  for  the  holder  of  the  Bond  to 
exercise  any  remedy  reserved  to  them  in  this  Article,  it 
shall  not  be  necessary  to  give  any  notice,  other  than  such 
notice  as  may  be  herein  expressly  required.  Such  rights  and 
remedies  as  are  given  the  City  hereunder  shall  also  extend 
to  the  Bank  as  agent  for  the  holder  of  the  Bond ;  and  the 
Bank  as  agent  for  the  holder  of  the  Bond  and  the  holder 
of  the  Bond,  subject  to  the  provisions  of  the  Ordinance, 
shall  be  entitled  to  the  benefit  of  all  covenants  and  agree- 
ments herein  contained. 

Sec.  10.4.  Agreement  to  Pay  Attorney's  Fees  and  Ex- 
penses. In  the  event  the  Company  should  default  under  any 
of  the  provisions  of  this  Agreement,  and  the  City  or  the 
Bank  as  agent  for  the  holder  of  the  Bond  or  the  holder  of 
the  Bond  shall  hire  attorneys  or  incur  other  expenses  for 
the  collection  of  the  payments  due  hereunder  or  the  en- 
forcement or  performance  or  observance  of  any  obligation 
or  agreement  on  the  part  of  the  Company  herein  contained, 
the  Company  agrees  that  it  will  on  demand  therefor  pay  to 
the  City,  the  Bank  as  agent  for  the  holder  of  the  Bond, 
and  the  holder  of  the  Bond  the  reasonable  fees  of  such 
attorneys  and  such  other  reasonable  expenses  incurred  by 
the  City,  the  Bank  as  agent  for  the  holder  of  the  Bond,  or 
the  holder  of  the  Bond. 

Sec.  10.5.  No  Additional  Waiver  Implied  by  One  Waiver. 
In  the  event  any  term,  covenant  or  agreement  contained  in 
this  Agreement  shall  be  breached  by  either  party  and  there- 
after waived  by  the  other  party,  such  waiver  shall  be 
limited  to  the  particular  breach  hereunder. 

ARTICLE  XI. 

Prepayment 

Sec.  11.1.  Optional  Prepayment.  The  Company  shall  have 
the  right  upon  two  Banking  Days'  prior  written  notice  to 


324  ORDINANCES  Ord.  No.  704 

the  City  and  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  the  holder  of  the  Bond,  to  prepay  the  moneys  due  here- 
under in  whole  or  in  part  on  any  interest  payment  date, 
provided  that  (i)  each  partial  prepayment  shall  be  in  the 
amount  of  $19,000  or  a  multiple  thereof,  (ii)  interest  on 
the  amount  prepaid  accrued  to  the  prepayment  date,  shall 
be  paid  on  such  prepayment  date,  and  (iii)  each  partial 
prepayment  shall  be  applied  to  the  principal  due  hereunder 
in  the  inverse  order  of  the  installment  payment  dates.  Such 
prepayment  shall  be  without  premium  or  penalty  unless 
such  prepayment  shall  be  made  on  or  before  March  1,  1979, 
in  which  event  a  premium  in  the  amount  of  3%  of  the 
principal  amount  to  be  prepaid  shall  be  charged  on  such 
prepayment. 

Sec.  11.2.  Mandatory  Prepayment.  The  Company  shall  be 
obligated  to  prepay  the  amounts  due  hereunder  if,  prior  to 
the  expiration  of  the  Loan  Term  and  prior  to  the  full  pay- 
ment of  the  Bond,  any  of  the  following  shall  have  occurred: 

(a)  As  a  result  of  any  change  in  the  Constitution  of 
the  State  of  Maryland,  or  the  Constitution  of  the  United 
States  of  America,  or  of  legislative  or  administrative  action 
(whether  State  or  federal),  this  Agreement  or  the  Ordi- 
nance shall  have  become  void  or  unenforceable  or  impossible 
of  performance  in  accordance  with  the  intent  and  purposes 
of  the  parties  as  expressed  in  this  Agreement  or  in  the 
Ordinance;  or 

(b)  The  Company  shall,  for  any  reason  whatsoever, 
discontinue  the  use  and  occupancy  of  the  Industrial  Build- 
ings, or  any  part  thereof,  for  their  intended  purposes. 

The  Company  shall,  within  10  days  following  knowledge 
by  it  of  any  of  the  events  obligating  the  Company  to  prepay 
the  amounts  due  hereunder,  give  written  notice  to  the 
County,  the  Bank  as  agent  for  the  holder  of  the  Bond,  and 
the  holder  of  the  Bond,  indicating  whether  any  of  the  prin- 
cipal of  or  interest  on  the  Bond  shall  then  be  unpaid,  and 
shall  specify  therein  the  proposed  date  of  such  prepayment, 
which  date  shall  be  not  less  than  15  nor  more  than  45  days 
from  the  date  such  notice  is  mailed,  and  shall  make  ar- 
rangements satisfactory  to  the  Bank  as  agent  for  the  holder 
of  the  Bond  and  the  holder  of  the  Bond  for  the  prepayment 
of  the  Bond. 


ORDINANCES  325 

The  amount  payable  by  the  Company  pursuant  to  the 
provisions  of  this  Section  shall  be  the  sum  of  the  following 
(i)  an  amount  of  money  which  when  added  to  the  amount 
on  deposit  with  the  Bank  as  agent  for  the  holder  of  the 
Bond  for  payment  of  the  Bond,  if  any,  will  be  sufficient  to 
prepay  all  the  outstanding  principal  of  and  accrued  and 
unpaid  interest  on  the  Bond,  including  all  payment  ex- 
penses; plus  (ii)  an  amount  of  money  equal  to  the  fees  and 
expenses  of  the  Bank,  the  fees  and  expenses  of  the  Bank 
as  agent  for  the  holder  of  the  Bond,  and  the  fees  and  ex- 
penses of  the  City,  if  any,  accrued  and  to  accrue  until  such 
final  payment  of  the  Bond. 

ARTICLE  XII. 

Miscellaneous 

Sec.  12.1.  Notices.  All  notices,  certificates  or  other  writ- 
ten  communications  hereunder  shall  be  sufficiently  given 
and  shall  be  deemed  given  when  mailed  by  registered  mail, 
postage  prepaid,  addressed  as  follows:  if  to  the  City,  to  the 
Deputy  Treasurer  of  the  City,  City  Hall,  Baltimore,  Mary- 
land 21202;  if  to  the  Company,  to  , 
Ansam  Metals  Corporation,  1026  East  Patapsco  Avenue, 
Baltimore,  Maryland  21225;  and,  if  to  the  Bank  as  agent 
for  the  holder  of  the  Bond,  to  The  Equitable  Trust  Com- 
pany, Calvert  and  Fayette  Streets,  21203.  A  duplicate  copy 
of  each  notice,  certificate  or  other  communication  given 
hereunder  by  either  the  City  or  the  Company  to  the  other 
shall  also  be  given  to  the  Bank  as  agent  for  the  holder  of 
the  Bond.  The  City,  the  Company,  the  Bank  as  agent  for 
the  holder  of  the  Bond,  and  the  holder  of  the  Bond,  may,  by 
written  notice  given  hereunder,  designate  any  further  or 
different  addresses  to  which  subsequent  notices,  certificates 
or  other  communications  shall  be  sent. 

Sec.  12.2.  Expenses.  The  Company  agrees  to  pay,  whether 
out  of  the  proceeds  of  the  Loan  or  other  funds,  all  rea- 
sonable expenses  of  the  City,  the  Bank,  the  Bond  Registrar 
(referred  to  in  the  Ordinance)  and  the  Bank  as  agent  for 
the  holder  of  the  Bond  (including  the  fees  and  expenses  of 
their  counsel)  in  connection  with  the  issuance  of  the  Bond 
and  the  transactions  contemplated  hereby,  including  all 
costs  of  recording  and  filing  (fees  and  taxes).  In  addition, 


326  ORDINANCES  Ord.  No.  704 

upon  notice  in  writing  from  the  Bank  as  agent  for  the 
holder  of  the  Bond  to  the  Company  that  the  holder  of  the 
Bond  or  the  Bank  as  agent  for  the  holder  of  the  Bond  has 
incurred  any  tax  liability  or  other  expenses  resulting  from 
the  imposition  by  the  United  States  Government  of  taxes  or 
other  levies  in  connection  with  this  Agreement  other  than 
taxes  heretofore  mentioned  in  Section  11.2,  the  Company 
agrees  to  pay  any  and  all  such  taxes  or  expenses.  So  long  as 
the  Bank  is  the  holder  of  the  Bond,  the  Bank  as  agent  for 
the  holder  of  the  Bond  shall  not  charge  a  fee  for  its  ordinary 
services  in  such  capacity.  In  no  event  shall  any  services  or 
action  rendered  or  taken  by  the  Bank  as  agent  for  the 
holder  of  the  Bond  occasioned  by  any  event  of  default  here- 
under be  deemed  "ordinary  services."  During  such  period 
as  the  Bond,  or  any  part  thereof,  is  held  by  anyone  other 
than  the  Bank,  the  Company  shall  pay  directly  to  the  Bank 
as  agent  for  the  holder  of  the  Bond  a  reasonable  fee  suffi- 
cient to  compensate  it  for  its  services  in  such  capacity  as 
agent  for  the  holder  of  the  Bond,  and  failure  to  pay  such 
fee  shall  be  deemed  an  event  of  default  under  this  Agree- 
ment. 

Sec.  12.3.  Books  and  Records.  The  City,  the  holder  of  the 
Bond  and  the  Bank  as  agent  for  the  holder  of  the  Bond,  in 
the  event  any  of  the  principal  of  and  interest  on  the  Bond 
shall  at  the  time  be  outstanding  and  unpaid,  may  have 
access  to  and  inspect,  examine,  and  make  copies  of  the 
books  and  records  and  any  and  all  accounts,  data  and  in- 
come tax  and  other  tax  returns  of  the  Company. 

Sec.  12.4.  Binding  Effect.  This  Agreement  shall  inure  to 
the  benefit  of  and  shall  be  binding  upon  the  City,  the  Com- 
pany, and  their  respective  successors  and  assigns. 

SEC.  12.5.  Severability.  In  the  event  any  provision  of  this 
Agreement  shall  be  held  invalid  or  unenforceable  by  any 
court  of  competent  jurisdiction,  such  holding  shall  not 
invalidate  or  render  unenforceable  any  other  provision 
hereof. 

Sec.  12.6.  Amounts  Remaining  with  Bank.  It  is  agreed  by 
the  parties  hereto  that  any  amounts  remaining  with  the 
Bank  as  agent  for  the  holder  of  the  Bond  upon  expiration 


ORDINANCES  327 

or  sooner  termination  of  the  Loan  Term,  as  provided  in  this 
Agreement,  after  payment  in  full  of  the  Bond  and  the  fees, 
charges  and  expenses  of  the  Bank,  the  Bank  as  agent  for 
the  holder  of  the  Bond  and  the  City  and  all  other  expenses 
required  to  be  paid  under  this  Agreement,  the  Deed  of 
Trust,  the  Trust  Agreement  and  the  Guaranty  Agreement, 
shall  belong  to  and  be  paid  to  the  Company  by  the  Bank  as 
agent  for  the  holder  of  the  Bond  as  an  overpayment  of  the 
amounts  due  hereunder. 

Sec.  12.7.  Amendments,  Changes  and  Modifications.  Ex- 
cept as  otherwise  provided  in  this  Agreement,  subsequent 
to  the  issuance  of  the  Bond  and  prior  to  its  payment  in  full, 
this  Agreement  may  not  be  amended,  changed,  modified, 
altered,  or  terminated  without  the  prior  written  consent  of 
the  Bank  as  agent  for  the  holder  of  the  Bond  and  the  holder 
of  the  Bond. 

Sec.  12.8.  Executed  Counterparts.  This  Agreement  may 
be  executed  in  several  counterparts,  each  of  which  shall  be 
an  original  and  all  of  which  shall  constitute  but  one  and  the 
same  instrument. 

Sec.  12.9.  Indemnification  of  City  and  Bank.  The  Com- 
pany shall  protect,  indemnify,  and  save  harmless  the  City, 
the  Bank  and  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  their  respective  officers,  employees  and  agents  against 
and  from  any  and  all  liabilities,  suits,  actions,  claims,  de- 
mands, losses,  expenses  and  costs  of  every  kind  and  nature 
incurred  by,  or  asserted  or  imposed  against,  the  City,  the 
Bank,  the  Bank  as  agent  for  the  holder  of  the  Bond  and 
their  respective  officers,  agents  or  employees,  or  any  of 
them,  by  reason  of  any  accident,  injury  (including  death) 
or  damage  to  any  person  or  property,  howsoever  caused, 
resulting  from,  connected  with  or  growing  out  of  any  act 
of  commission  or  omission  of  the  Company,  or  any  officers, 
employees,  agents,  assignees,  contractors  or  subcontractors 
of  the  Company,  or  any  use,  non-use,  possession,  occupa- 
tion, condition,  operation,  service,  design,  construction, 
acquisition,  maintenance  or  management  of,  or  on,  or  in 
connection  with,  the  Industrial  Buildings  or  any  part 
thereof,  during  the  term  of  this  Agreement  and  regardless 


328  ORDINANCES  Ord.  No.  704 

of  whether  such  liabilities,  suits,  actions,  claims,  demands, 
damages,  losses,  expenses  and  costs  be  against  or  be  suf- 
fered or  sustained  by  the  City,  the  Bank,  or  the  Bank  as 
agent  for  the  holder  of  the  Bond  or  any  of  their  respective 
officers,  agents  or  employees,  or  be  against  or  be  suffered 
or  sustained  by  other  persons,  corporations,  or  other  legal 
entities  to  whom  the  City,  the  Bank,  or  the  Bank  as  agent 
for  the  holder  of  the  Bond  or  any  of  their  respective  officers, 
agents  or  employees  may  become  liable  therefor.  The  City 
shall  not  be  liable  for  any  damage  or  injury  occurring 
during  the  term  of  this  Agreement,  to  the  persons  or 
property  of  the  Company  or  any  of  its  officers,  agents,  in- 
cluding operating  personnel,  contractors  and  employees,  or 
any  other  person  or  entity  who  or  which  may  be  upon  the 
Industrial  Buildings,  due  to  any  act  or  negligence  of  any 
person  or  entity  other  than  the  City,  its  officers,  agents, 
servants  and  employees.  The  Company  may,  and  if  so  re- 
quested by  the  City,  the  Bank,  or  the  Bank  as  agent  for  the 
holder  of  the  Bond  shall,  undertake  to  defend,  at  its  sole 
cost  and  expense,  any  and  all  suits,  actions  or  proceedings 
brought  against  the  City,  the  Bank,  or  the  Bank  as  agent 
for  the  holder  of  the  Bond  or  any  of  their  respective  officers, 
agents  or  employees  in  connection  with  any  of  the  matters 
mentioned  in  this  Section,  provided  that  the  City,  the  Bank, 
or  the  Bank  as  agent  for  the  holder  of  the  Bond  shall  give 
the  Company  timely  notice  of  and  shall  forward  to  the  Com- 
pany every  demand,  notice,  summons  or  other  process  re- 
ceived with  respect  to  any  claim  or  legal  proceedings  within 
the  purview  hereof. 

Sec.  12.10.  Filing.  The  security  interest  created  herein 
and  by  the  Assignment  shall  be  perfected  by  the  filing  of 
financing  statements  which  fully  comply  with  the  Maryland 
Uniform  Commercial  Code — Secured  Transactions,  in  the 
office  of  the  Clerk  of  the  Superior  Court  of  Baltimore  City, 
Maryland,  and  in  the  Office  of  the  State  Department  of  As- 
sessments and  Taxation,  in  the  City  of  Baltimore,  Mary- 
land, and  by  the  recording  of  the  Deed  of  Trust  among  the 
Land  Records  of  Baltimore  City,  Maryland,  to  the  end  that 
the  rights  of  the  holder  of  the  Bond  and  the  Bank  as  agent 
for  the  holder  of  the  Bond  shall  be  fully  preserved  as 
against  creditors  of,  or  purchasers  for  value  from,  the  City 
or  the  Company.  The  parties  further  agree  that  all  neces- 


ORDINANCES  329 

sary  continuation  statements  shall  be  filed  within  the  time 
prescribed  by  the  Maryland  Uniform  Commercial  Code — 
Secured  Transactions,  in  order  to  continue  the  security  in- 
terest created  by  this  Agreement  and  the  Assignment. 

Sec.  12.11.  Net  Agreement.  This  Agreement  shall  be 
deemed  and  construed  to  be  a  "net  agreement",  and  the 
Company  shall  repay  absolutely  net  during  the  Loan  Term 
all  payments  required  hereunder,  free  of  any  deductions, 
without  abatement  deduction  or  set  off. 

Sec.  12.12.  Law  Governing  Construction  of  Agreement. 
This  Agreement  shall  be  governed  by,  and  construed  in  ac- 
cordance with,  the  laws  of  the  State  of  Maryland. 

SEC.  12.13.  Exculpation  for  City.  Nothing  in  this  Loan 
Agreement  shall  be  construed  as  creating  any  pecuniary  lia- 
bility by  the  City  to  the  Bank  as  agent  for  the  holder  of  the 
Bond  or  to  the  holder  of  the  Bond. 

IN  WITNESS  WHEREOF,  MAYOR  AND  CITY  COUN- 
CIL OF  BALTIMORE,  MARYLAND  has  caused  this 
Agreement  to  be  executed  by  the  manual  signature  of  its 
Mayor,  and  its  corporate  seal  to  be  impressed  hereon,  and 
attested  by  the  manual  signature  of  its  Deputy  Treas- 
urer; and  ANSAM  METALS  CORPORATION  has  caused 
this  Agreement  to  be  executed  by  the  manual  signature  of 
its  ,  and  its  corporate  seal  to  be  im- 

pressed hereon,  and  attested  by  its  Secretary  or  its  As- 
sistant Secretary  all  being  done  as  of  the  day  and  year 
first  above  written.  ATTEST: 


MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE. 

- By 

Deputy  Treasurer        Mayor 


[CITY  SEAL]              ANSAM  METALS  CORPORATION 
- By 


[COMPANY  SEAL] 


330  ORDINANCES  Ord.  No.  704 

EXHIBIT  A 

to 

Loan  Agreement  dated  as  of  ,  1978 

by  and  between  Mayor  and  City  Council  of  Baltimore 

and  Ansam  Metals  Corporation 

DESCRIPTION  OF  INDUSTRIAL  BUILDINGS 

The  construction  of  the  Industrial  Buildings,  which  will 
be  located  at  1026-1028  East  Patapsco  Avenue,  Baltimore, 
Maryland,  must  be  carried  out  in  stages  so  as  to  cause  as 
little  interference  with  normal  operations  as  possible. 

Initially  a  two  story  masonry  office  building  must  be  built 
adjacent  to  the  existing  receiving  area.  Upon  completion  of 
the  new  office  space,  that  portion  of  the  existing  building 
now  housing  the  offices  must  be  demolished  to  make  space 
required  for  the  construction  of  a  one  story  masonry 
shipping  and  receiving  building  addition  that  will  be  capa- 
ble of  holding  four  trucks.  When  the  truck  bays  are  com- 
pleted, a  truck  scale  is  to  be  installed  adjacent  to  the 
shipping  and  receiving  building.  The  new  masonry  buildings 
will  have  structural  steel  framing,  concrete  floors  and  steel 
roof  decking. 

There  presently  exists  on  the  property  another  masonry  and 
metal  siding  structure.  All  portions  of  buildings  that  are 
metal  siding  will  be  concealed  behind  a  facing  of  concrete 
structural  "Tees"  set  vertically  and  presenting  a  more 
aesthetically  pleasing  facade  and  a  building  more  secure 
from  a  burglary  standpoint.  A  twelve  foot  wide  bay  must 
be  removed  from  three  sides  of  the  north  end  of  this 
building  prior  to  the  installation  of  the  new  facing  material. 

After  the  above  installations  are  completed,  there  will  be 
added  to  the  rear,  with  connections  to  both  installations,  a 
warehouse  of  approximately  34,600  square  feet,  with  either 
masonry  or  processed  concrete  walls,  concrete  floors  and 
steel  deck  roof  on  steel  structure. 

It  is  anticipated  that  approximately  forty  employees  will 
work  at  the  facility. 

The  entire  Industrial  Buildings  and  appurtenances  will 
be  designed  to  meet  local  r.nd  state  codes  and  zoning. 


ORDINANCES  331 

All  necessary  or  required  soil  tests,  grading  compaction 
tests,  and  concrete  tests  will  be  taken  during  the  entire  con- 
struction period  to  insure  proper  construction  methods  and 
procedures. 

The  Industrial  Buildings  will  be  completed  in  accordance 
with  the  Plans  and  Specifications  referred  to  and  defined  in 
the  Trust  Agreement  (as  defined  in  the  Loan  Agreement  to 
which  this  Exhibit  A  is  attached) . 

Sec.  12.  Be  it  further  ordained,  That  the  Assignment  by 
which  the  City  assigns  to  the  Bank  as  agent  for  the  holder 
of  the  Bond  all  of  its  right,  title  and  interest  in  and  to, 
and  remedies  under  the  Loan  Agreement  and  moneys  due 
and  to  become  due  the  City  thereunder,  and  all  collateral 
pledged  thereunder,  and  all  of  its  right,  title  and  interest 
in  and  to  and  remedies  under,  the  Deed  of  Trust,  shall  be 
substantially  in  the  following  form,  and  the  form,  with 
such  changes  therein  as  the  Mayor  of  the  City  shall  approve 
(such  approval  to  be  conclusively  evidenced  by  the  execu- 
tion and  delivery  of  the  Assignment  by  the  Mayor  of  the 
City),  is  hereby  adopted  by  the  City  as  and  for  the  form 
and  tenor  of  the  obligation  to  be  performed,  and  the  Assign- 
ment is  hereby  made  binding  upon  the  City. 

FORM  OF  ASSIGNMENT 

ASSIGNMENT 

For  the  benefit  of  the  holder,  from  time  to  time,  of  the 
City  of  Baltimore,  Maryland  Industrial  Development  Reve- 
nue Bond  (Ansam  Metals  Corporation  Project)  in  the  prin- 
cipal amount  of  $750,000  dated  as  of  March  1,  1978  (herein 
called  the  "Bond"),  and  as  security  for  the  due  and  punctual 
payment  of  the  principal  of  and  interest  due  on  the  Bond 
and  as  security  for  the  performance  by  Mayor  and  City 
Council  of  Baltimore,  (herein  called  the  "City"),  of  any 
other  obligations  under  Ordinance  No.  of  the  City, 

approved  by  the  Mayor  of  the  City  on  ,  1978 

(herein  called  the  "Ordinance"),  the  City  hereby  pledges 
and  assigns  to  The  Equitable  Trust  Company  as  agent  for 
the  holder  of  the  Bond  (in  such  capacity  herein  called  the 
"Assignee"),  the  following:  (a)  all  right,  title  and  interest 
of  the  City  in,  to  and  under  that  certain  Loan  Agreement 


332  ORDINANCES  Ord.  No.  704 

dated  as  of  the  date  hereof  (herein  called  the  "Loan 
Agreement"),  between  the  City  and  Ansam  Metals  Cor- 
poration, a  Maryland  corporation  (herein  called  the  "Com- 
pany"), together  with  all  moneys  due  and  to  become  due 
to  the  City  thereunder  (except  any  payments  to  be  made 
to  the  City  pursuant  to  the  fourth  literary  paragraph  of 
Section  5.3  of  the  Loan  Agreement  and  Sections  10.4,  12.2 
and  12.9  of  the  Loan  Agreement),  and  all  collateral  pledged 
from  time  to  time  thereunder  as  security  for  the  loan  in 
the  amount  of  $750,000  made  by  the  City  to  the  Company 
on  the  date  hereof  (the  "Loan"),  which  Loan  is  evidenced 
and  secured  by  the  Loan  Agreement,  and  all  rights  and 
remedies  of  the  City  thereunder,  and  the  City  hereby  ap- 
points the  Assignee  as  agent  for  the  purpose  of  receiving 
and  disbursing  such  moneys  due  and  to  become  due  under 
the  Loan  Agreement,  (b)  all  right,  title  and  interest  of 
the  City  in,  to  and  under  that  certain  Deed  of  Trust  dated 
as  of  the  date  hereof  (herein  called  the  "Deed  of  Trust"), 
between  the  Company  and  and 

,  trustees,  executed  and  delivered  by  the  Com- 
pany as  security  for  the  Loan. 

The  Assignee  shall  not  by  the  acceptance  of  this  Assign- 
ment be  deemed  to  assume,  or  in  any  way  to  become  re- 
sponsible for  the  performance  of,  any  of  the  duties, 
undertakings  or  obligations  of  the  City  under  the  Loan 
Agreement,  except  as  specifically  set  forth  herein. 

The  Assignee,  by  the  acceptance  hereof,  hereby  agrees 
with  the  City  for  the  benefit  of  the  holder  of  the  Bond  as 
follows : 

A.  The  Assignee  shall  receive  and  hold  the  rights  and 
moneys  hereby  assigned,  in  trust,  for  the  benefit  of  the 
holder  from  time  to  time  of  the  Bond  and  shall  promptly 
apply  all  moneys  from  time  to  time  received  and  held  by 
the  Assignee  hereunder  in  the  following  order  of  priority: 
first,  to  the  payment  when  due  of  interest  (including  ad- 
ditional interest,  if  any),  and  premium,  if  any,  on  the 
Bond;  second,  to  the  payment  when  due  of  principal  of 
the  Bond ;  third,  to  the  payment  of  any  additional  expenses 
as  provided  in  Sections  5.3,  10.4,  12.2  and  12.9  of  the  Loan 
Agreement;  and,  fourth,  as  to  any  balance  remaining  with 
the  Assignee  upon  expiration  or  earlier  termination  of  the 


ORDINANCES  333 

Loan  Term  as  described  in  the  Loan  Agreement,  to  the 
Company  in  accordance  with  the  provisions  of  Section  12.6 
of  the  Loan  Agreement.  The  Assignee  further  agrees  that 
it  shall  enforce,  at  the  direction  of  the  holder  of  the  Bond, 
each  and  every  right  granted  to  the  City  pursuant  to  the 
Loan  Agreement  and  the  Deed  of  Trust,  and  that  nothing 
in  the  aforesaid  instruments,  or  this  Assignment,  shall 
obligate  the  City  to  act  or  refrain  from  acting  under  such 
instruments,  it  being  understood  that  the  holder  of  the 
Bond  shall  look  solely  to  the  Bank  as  agent  for  the  holder 
of  the  Bond  pursuant  to  this  Assignment  for  enforcement 
of  its  rights  and  remedies  under  the  Loan  Agreement,  the 
Deed  of  Trust,  the  Bond,  and  the  Guaranty  Agreement 
referred  to  in  the  Loan  Agreement. 

B.  The  Assignee  accepts  this  Assignment  upon  the  fol- 
lowing express  terms  and  conditions: 

1.  The  Assignee  shall  not  be  liable  or  responsible  for 
any  action  taken  or  omitted  by  it  under  this  Assignment 
or  with  respect  to  the  Bond,  except  for  its  own  gross  negli- 
gence or  willful  misconduct ; 

2.  The  holder  of  the  Bond  (other  than  the  Assignee) 
shall  indemnify  and  hold  the  Assignee  harmless  against  any 
cost  or  expense  (including  counsel  fees)  and  against  any 
loss  or  liability  (except  such  as  results  from  the  Assignee's 
own  gross  negligence  or  misconduct),  which  the  Assignee 
may  suffer  or  incur  by  reason  of  any  action  taken  or  omitted 
by  the  Assignee  hereunder; 

3.  The  Assignee  shall  carry  out  its  duties  hereunder  in 
accordance  with  the  express  provisions  of  this  Assignment 
and  the  Loan  Agreement,  provided  that,  as  to  any  matters 
not  expressly  provided  for,  the  Assignee  may  act  and  re- 
frain from  acting  in  its  reasonable  discretion ;  and 

4.  Nothing  in  this  Assignment  shall  be  construed  as 
creating  any  pecuniary  liability  on  the  part  of  the  City  to 
the  holder  of  the  Bond. 

This  Assignment  shall  constitute  a  first  lien  upon  the 
rights  of  the  City  under  (a)  the  Loan  Agreement  and  of 
all  moneys  due  and  to  become  due  to  the  City  thereunder, 
and  the  collateral  pledged  thereunder,  and  (b)  the  Deed  of 
Trust,  subject  to  no  equal  or  prior  lien  or  encumbrance  of 


334  ORDINANCES  Ord.  No.  704 

any  nature  whatsoever.  With  respect  to  the  security  interest 
created  hereby,  the  Assignee  shall  have  all  of  the  rights 
and  remedies  of  a  secured  party  under  the  Maryland  Uni- 
form Commercial  Code. 

IN  WITNESS  WHEREOF,  the  City  has  caused  this  As- 
signment to  be  duly  executed  by  its  Mayor  by  his  manual 
signature  and  has  caused  its  official  seal  to  be  hereunto 
affixed  and  attested  by  its  Deputy  Treasurer  by  his  manual 
signature,  all  as  of  the  day  of  ,  1978. 

ATTEST: 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE 

Deputy  Treasurer  Mayor 

[CITY  SEAL] 

ACCEPTED: 

THE  EQUITABLE  TRUST  COMPANY 

ACKNOWLEDGMENT 

The  undersigned  hereby  acknowledges  receipt  of  notice 
of  the  foregoing  Assignment,  and  intending  to  be  legally 
bound,  hereby  agrees  with  the  Assignee  therein  named  (1) 
to  pay  directly  to  the  Assignee  all  moneys  due  and  to  become 
due  from  the  undersigned  under  the  Loan  Agreement  re- 
ferred to  in  the  Assignment,  (2)  to  perform  for  the  benefit 
of  the  Assignee  all  of  the  duties  and  undertakings  of  the 
undersigned  under  the  Loan  Agreement  referred  to  in  the 
Assignment,  and  (3)  that  the  Assignee  shall  not  be  obli- 
gated by  reason  of  the  Assignment  to  perform  or  be  re- 
sponsible for  the  performance  of  any  of  the  duties,  under- 
takings or  obligations  of  the  County  under  the  Loan 
Agreement. 

IN  WITNESS  WHEREOF,  the  undersigned  has  caused 
this  Acknowledgment  to  be  duly  executed  in  its  name  and 
its  seal  to  be  hereunto  affixed  and  attested  by  its  duly 
authorized  officers,  all  as  of  the  day  of  ,  1978. 

ATTEST:  ANSAM  METALS  CORPORATION 

- By _ _ 


ORDINANCES  335 

Sec.  13.  Be  it  further  ordained,  That  the  Trust  Agree- 
ment by  and  between  the  Company  and  the  Trustees  pur- 
suant to  which  the  proceeds  of  the  Loan  will  be  deposited 
in  trust  with  the  Trustees  and  held,  invested  and  disbursed 
by  them  as  therein  provided,  shall  be  substantially  in  the 
following  form,  and  the  form,  with  such  changes  therein 
as  the  Mayor  of  the  City  shall  approve  (such  approval  to 
be  conclusively  evidenced  by  the  execution  of  the  Trust 
Agreement  by  the  Mayor  of  the  City  for  the  limited  pur- 
pose therein  provided),  is  hereby  adopted  by  the  City  as 
and  for  the  form  and  tenor  of  the  Trust  Agreement. 

FORM  OF  TRUST  AGREEMENT 

TRUST  AGREEMENT 

THIS  TRUST  AGREEMENT  is  made  as  of  the  day 

of  ,    1978,   by   and   between   ANSAM  METALS 

CORPORATION,  a  Maryland  corporation,  (the  "Company" ) 
and  and  , 

Trustees  (the  "Trustees"). 

RECITALS 

A.  Pursuant  to,  and  in  accordance  with,  the  authority 
set  forth  in  Article  41,  Sections  266A  through  266-1  of  the 
Annotated  Code  of  Maryland  (1971  Repl.  Vol.,  1977  Cum. 
Supp.),  as  amended  (the  "Act"),  the  Company  has  received 
from  Mayor  and  City  Council  of  Baltimore  (the  "City"), 
a  loan  in  the  amount  of  $750,000  (the  "Loan'M  evidenced 
and  secured  by  a  Loan  Agreement  between  the  City  and 
the  Company  of  even  date  herewith  (the  "Loan  Agree- 
ment"), and  also  secured  by  a  Deed  of  Trust  between  the 
Company  and  and  , 
Trustees  (the  "Deed  of  Trust").  The  proceeds  of  the  Loan 
will  be  used  to  finance  the  acquisition  (as  that  term  is  de- 
fined in  the  Act)  of  certain  "industrial  buildings"  (as  that 
term  is  defined  in  the  Act)  to  be  located  in  the  City  of 
Baltimore  (the  "Industrial  Buildings"),  which  Industrial 
Buildings  are  more  particularly  described  in  Exhibit  A  at- 
tached to  and  made  a  part  of  the  Loan  Agreement. 

B.  The  City  has  borrowed  the  money  necessary  to  ac- 
complish the  aforesaid  financing  by  issuing,  pursuant  to  the 


336  ORDINANCES  Ord.  No.  704 

Act,  its  City  of  Baltimore,  Maryland  Industrial  Develop- 
ment Revenue  Bond  (Ansam  Metals  Corporation  Project), 
in  the  principal  amount  of  $750,000  dated  as  of  March  1, 
1978  (the  "Bond"),  which  Bond  has,  on  the  date  of  the 
delivery  hereof,  been  purchased  at  par  from  the  City  by 
The  Equitable  Trust  Company,  a  Maryland  banking  cor- 
poration (the  "Bank"). 

C.  The  issuance,  sale  and  delivery  of  the  Bond  by  the 
City  has  been  authorized  by  the  Act  and  by  Ordinance 
No.  of  the  City  approved  by  the  Mayor  of  the  City 
on  ,  1978  (the  "Ordinance"). 

D.  The  City  has  made  the  Loan,  and  the  Bank  has  pur- 
chased the  Bond,  upon  the  condition  that  this  Trust  Agree- 
ment be  executed  and  delivered  to  assure  the  application 
of  the  proceeds  of  the  Loan  to  the  acquisition  of  the  In- 
dustrial Buildings,  in  accordance  with  the  description  of 
the  Industrial  Buildings  set  forth  in  Exhibit  A  to  the  Loan 
Agreement. 

NOW,  THEREFORE,  this  Trust  Agreement  witnesses: 

1.  Completion.  The  Company  covenants  and  agrees  to 
complete  the  acquisition  of  the  Industrial  Buildings  as  de- 
scribed in  Exhibit  A  to  the  Loan  Agreement  and  in  ac- 
cordance  with   the   plans   and   specifications  prepared   by 

(the  "Architect")  heretofore  sub- 
mitted to  and  approved  by  the  Bank  and  by  the  Depart- 
ment of  Housing  and  Community  Development  (the  "Plans 
and  Specifications")  and  in  accordance  with  the  construc- 
tion contract  dated  between  the  Com- 
pany and  (the  "General  Contractor") 
heretofore  submitted  to  and  approved  by  the  Bank,  on  or 
before                  ,  19     . 

2.  Receipt  by  Trustees.  The  Trustees  have  received  from 
the  Company  the  sum  of  $750,000  (the  "Deposit"),  which 
sum  represents  the  proceeds  from  the  sale  of  the  Bond,  and 
have  deposited  the  same  to  their  credit  as  Trustees  in  a 
special  account  with  the  Bank  to  be  held,  invested  and 
paid  out  by  the  Trustees  as  hereinafter  provided.  The  De- 
posit shall  be  disbursed  in  accordance  with  the  provisions 
of  paragraphs  5  and  6  of  this  Trust  Agreement  and  shall 


ORDINANCES  337 

be  made  as  the  acquisition  of  the  Industrial   Buildings 
progresses. 

3.  Investment  of  Deposit.  The  Deposit  shall  be  invested 
by  the  Trustees  as  set  forth  in  Section  4.6  of  the  Loan 
Agreement,  and  any  profits  of  such  investment  shall  be 
paid  over  by  the  Trustees  to  the  Bank  as  agent  for  the 
holder  of  the  Bond,  and  applied  by  the  Bank  as  agent  for  the 
holder  of  the  Bond,  as  set  forth  in  such  Section  4.6. 

4.  Costs  of  Industrial  Buildings;  Additional  Funds. 
The  Company  hereby  covenants  and  agrees  with  the  Trus- 
tees for  the  benefit  of  the  City  and  the  Bank  as  agent  for 
the  holder  of  the  Bond,  that  (a)  the  total  costs  of  the  ac- 
quisition of  the  Industrial  Buildings  shall  not  exceed  the 
sum  of  $1,000,000.00,  unless  the  prior  written  consent  to 
exceed  such  sum  is  obtained  from  the  Bank  as  agent  for 
the  holder  of  the  Bond,  (b)  all  costs  of  the  acquisition  of 
the  Industrial  Buildings  (including  all  items  of  cost  set 
forth  in  Section  4.3  of  the  Loan  Agreement)  in  excess  of 
the  undisbursed  balance  of  the  Deposit,  from  time  to  time, 
will  be  paid  by  the  Company  from  sources  other  than  the 
Loan,  free  of  all  liens  except  the  deed  of  trust,  (c)  no  more 
than  75%  of  the  costs  of  the  Industrial  Buildings  shall  be 
paid  from  the  proceeds  of  the  Bond.  As  a  condition  to 
granting  its  consent  to  any  request  that  the  total  costs  of  the 
Industrial  Buildings  be  permitted  to  exceed  $1,000,000.00, 
the  Bank  as  agent  for  the  holder  of  the  Bond  may  require 
that  the  Company  deposit  with  the  Trustees  a  sum  of 
money  equal  to  the  amount  by  which  the  total  costs  of  the 
Industrial  Buildings  will  exceed  $1,000,000.00. 

5.  Disbursements. 

5.1  Not  Assignable.  The  Deposit  shall  not  be  as- 
signable by  the  Company  nor  subject  to  the  process  of  any 
court  upon  legal  action  by  or  against  the  Company  or  by 
or  against  anyone  claiming  under  or  through  it,  and  for  the 
purposes  of  this  Agreement,  the  Deposit  shall  remain  in  the 
custody  of  the  Trustees  until  the  Company  complies  with 
each  and  all  of  the  provisions  hereof,  provided,  however, 
that  nothing  herein  contained  shall  be  considered  as  in 
anywise  modifying,  affecting  or  subordinating  the  obliga- 
tions heretofore  given  or  to  be  given  by  the  Company  as 
security  for  the  Loan,  and  the  same  shall  be  and  remain  in 


338  ORDINANCES  Ord.  No.  704 

full  force,  tenor  and  effect,  this  Agreement  being  intended 
only  as  additional  security  and  protection  for  the  Loan  and 
to  assure  its  use  for  the  purposes  intended  by  the  City,  the 
Bank  as  agent  for  the  holder  of  the  Bond  and  the  Company. 

5.2  Requisitions.  Disbursements  by  the  Trustees 
shall  be  made  on  requisitions  signed  by  the  Authorized 
Company  Representative  referred  to  in  the  Loan  Agreement, 
on  behalf  of  the  Company,  setting  forth  (a)  the  name  of 
the  person,  firm  or  corporation  to  whom  payment  is  due, 
(b)  the  amount  to  be  paid,  and  (c)  the  purpose  in  reason- 
able detail  for  which  the  obligation  to  be  paid  was  incurred. 
Each  requisition  for  construction  costs  shall  include  the 
AIA  approved  form  which  shall  be  signed  by  the  General 
Contractor,  and  approved  and  signed  by  an  engineer  or 
inspector  representing  the  Bank,  as  agent  for  the  holder 
of  the  Bond.  Each  requisition  shall  contain  the  certification 
by  the  Authorized  Company  Representative  referred  to  in 
the  Loan  Agreement  that  (a)  none  of  the  items  for  which 
funds  are  being  requisitioned  has  formed  the  basis  for  any 
disbursement  theretofore  made  by  the  Trustees  hereunder, 
(b)  each  item  for  which  funds  are  being  requisitioned  is 
necessary  in  connection  with  the  acquisition  of  the  Indus- 
trial Buildings  as  described  in  Exhibit  A  attached  to  and 
made  a  part  of  the  Loan  Agreement,  (c)  all  of  the  funds 
being  requisitioned  are  being  used  in  compliance  with  Sec- 
tion 103(b)  (2)  of  the  Internal  Revenue  Code  and  Treasury 
Regulations  thereunder,  and  that  substantially  all  of  such 
funds  are  being  used  for  the  acquisition,  construction  or 
installation  of  land  or  of  property  of  a  character  subject  to 
the  allowance  for  depreciation  as  prescribed  in  Section 
103(b)  (6)  (A)  of  the  Internal  Revenue  Code  and  the  Treas- 
ury Regulations  thereunder,  (d)  all  items  for  which  funds 
have  been  requisitioned  pursuant  to  prior  requisitions  have 
been  paid  in  full  and  there  are  no  claims,  existing  or 
threatened,  against  the  Company  or  any  other  party  with 
respect  thereto,  and  (e)  the  total  funds  disbursed  by  the 
Trustees  from  the  Deposit  pursuant  to  prior  requisitions 
plus  75%  of  the  funds  being  requisitioned  by  the  current 
requisition  do  not  exceed  75%  of  the  total  funds  requi- 
sitioned (including  those  being  requisitioned  by  the  current 
requisition).  No  disbursement  will  be  made  for  any  ma- 
terials until  the  same  have  been  delivered  and  stored  at 


ORDINANCES  339 

the  construction  site  and  for  which  adequate  security  pre- 
cautions and  insurance  coverage  have  been  provided  satis- 
factory in  all  respects  to  the  Bank  as  agent  for  the  holder 
of  the  Bond.  In  order  to  ensure  that  no  more  than  75% 
of  the  costs  of  the  Industrial  Buildings  shall  be  paid  from 
the  proceeds  of  the  Bond,  and  that  the  balance  of  the  costs 
of  the  Industrial  Buildings  shall  be  paid  by  the  Company 
from  funds  other  than  the  proceeds  of  the  Bonds,  the 
Trustees  shall  disburse  no  more  than  75%  of  the  amount 
requisitioned  by  each  requisition.  The  remaining  25%  of 
the  amount  requisitioned  shall  be  paid  by  the  Company 
from  sources  other  than  the  proceeds  of  the  Bond.  All  dis- 
bursements hereunder  will  be  made  directly  to  the  Company ; 
or,  if  directed  to  do  so  by  the  Bank  as  agent  for  the  holder 
of  the  Bond,  the  Trustees  shall  make  all  advances  jointly 
to  the  Company  and  the  General  Contractor,  or  jointly  to 
the  Company  and  any  subcontractor,  laborer,  materialman, 
or  person  furnishing  labor,  services,  or  materials  used  or 
to  be  used  in  the  acquisition  of  the  Industrial  Buildings. 
The  Trustees  shall  have  a  period  of  ten  (10)  banking  days 
within  which  to  fund  each  requisition.  Requisitions  for 
indirect  costs  (meaning  all  costs  not  included  in  the  con- 
struction contract  between  the  Company  and  the  General 
Contractor)  must  be  approved  in  writing  by  the  Bank  as 
agent  for  the  holder  of  the  Bond  prior  to  any  disbursement 
by  the  Trustees  of  any  portion  of  the  Deposit  for  any  such 
indirect  costs. 

5.3  Completion  of  Acquisition.  After  completion  of 
the  acquisition  of  the  Industrial  Buildings  and  payment  of 
all  costs  in  connection  therewith,  any  balance  remaining  in 
the  Deposit  shall  be  applied  by  the  Trustees  as  set  forth  in 
the  last  literary  paragraph  of  Section  4.3  of  the  Loan 
Agreement. 

5.4  Liability  of  the  Trustees,  the  City,  the  Bank  and 
the  Bank  as  agent  for  the  holder  of  the  Bond.  The  Trustees, 
the  City,  the  Bank,  and  the  Bank  as  agent  for  the  holder  of 
the  Bond,  shall  in  no  event  be  responsible  or  liable  to  any 
person  other  than  the  Company  for  the  disbursement  of  or 
failure  to  disburse  the  Deposit  or  any  part  thereof  and 
neither  the  General  Contractor  nor  any  subcontractor  nor 
material  supplier  shall  have  any  right  or  claim  against  the 


340  ORDINANCES  Ord.  No.  704 

Bank,  the  City  or  the  Trustees  under  this  Agreement  or 
the  administration  thereof. 

6.  Conditions  Precedent  to  Disbursements.  With  each 
request  for  a  disbursement  hereunder,  the  Company  shall 
deliver  to  the  Trustees  a  requisition  covering  the  disburse- 
ment requested  meeting  the  requirements  of  paragraph  5.2 
hereof.  The  following  shall  be  conditions  precedent  to  each 
such  disbursement: 

(a)  the  Company  shall  not  be  in  default  in  the  per- 
formance of  the  terms  and  provisions  of  this  Agreement  or 
the  Loan  Agreement; 

(b)  there  shall  be  sufficient  time  in  the  opinion  of 
the  Bank  as  agent  for  the  holder  of  the  Bond,  to  complete 
the  acquisition  of  the  Industrial  Buildings  within  the  period 
of  time  provided  in  Section  1  hereof;  and 

(c)  all  items  included  in  all  prior  requisitions  shall 
have  been  paid  in  full  and  there  shall  be  no  claims,  existing 
or  threatened,  against  the  Company  or  any  other  party  with 
respect  to  any  such  item. 

7.  Covenants  of  the  Company.  The  Company  represents 
and  warrants  to  and  covenants  with  the  Trustees  for  the 
benefit  of  the  City  and  the  Bank  as  agent  for  the  holder  of 
the  Bond,  that: 

7.1  The  Industrial  Buildings  and  the  use  thereof  for 
their  intended  purposes  will  not  violate  any  zoning  or  other 
ordinance  or  law  or  agreement  of  the  Company  applicable 
to  the  Industrial  Buildings  or  their  use,  that  the  Plans  and 
Specifications  for  the  acquisition  of  the  Industrial  Buildings 
have  been  approved  by  all  governmental  authorities  having 
jurisdiction,  and  that  all  necessary  building  permits  have 
been  obtained  or  will  be  obtained. 

7.2  The  Company  will  furnish  to  the  Trustees, 
upon  request,  assurances  satisfactory  to  the  City  and  the 
Bank  that  funds  necessary  to  complete  the  acquisition  of 
the  Industrial  Buildings  in  excess  of  sums  in  the  Deposit 
have  been  advanced  by  the  Company. 

7.3  No  changes  will  be  made  in  the  Industrial  Build- 
ings to  be  acquired  as  described  in  Exhibit  A  attached  to 


ORDINANCES  341 

and  made  a  part  of  the  Loan  Agreement  or  in  the  Plans 
and  Specifications  without  the  prior  written  approval  of 
the  Bank  as  agent  for  the  holder  of  the  Bond. 

7.4  The  Company  will  pay  the  fees  of  any  profes- 
sional engineer  representing  the  Bank  as  agent  for  the 
holder  of  the  Bond. 

7.5  The  Company  is,  and  shall  remain,  a  corporation 
organized,  existing  and  in  good  standing  under  the  laws  of 
the  State  of  Maryland. 

8.  Default.  Upon  the  occurrence  of  an  event  of  default 
under  this  Agreement,  the  Trustees,  at  the  request  of  the 
Bank  as  agent  for  the  holder  of  the  Bond,  shall  apply  the 
balance  of  the  Deposit  then  in  their  hands  as  provided  in 
the  last  literary  paragraph  of  Section  4.3  of  the  Loan 
Agreement.  It  shall  be  an  event  of  default  under  this 
Agreement: 

(a)  if  any  representation  or  warranty  made  by  the 
Company  in  this  Agreement  or  in  any  requisition  delivered 
pursuant  hereto  is  false,  misleading  or  incorrect  in  any 
respect;  or 

(b)  if  the  Company  shall  default  in  the  perform- 
ance of  any  covenant  or  agreement  contained  in  this  Agree- 
ment and  such  default  shall  continue  for  30  days  after  writ- 
ten notice  to  the  Company  of  the  existence  of  such  default; 
provided,  however,  if  such  default  be  such  that  it  cannot  be 
corrected  within  30  days,  it  shall  not  be  a  default  if  the 
Company  is  taking  appropriate  corrective  action  to  cure 
such  default  and  if  in  the  determination  of  the  Bank  as 
agent  for  the  holder  of  the  Bond,  such  default  does  not 
impair  the  security  for  the  Bond. 

(c)  if  the  City  or  the  Bank  as  agent  for  the  holder 
of  the  Bond,  shall  advise  the  Trustees  that  an  event  of 
default  has  occurred  and  is  continuing  under  the  Loan 
Agreement  or  any  other  instrument  evidencing  or  securing 
the  Loan;  or 

(d)  if  the  Company  fails  to  complete  the  acquisition 
of  the  Industrial  Buildings  within  the  period  specified  in 
Section  1  hereof,  time  being  of  the  essence;  or 


342  ORDINANCES  Ord.  No.  704 

(e)  if  work  on  the  Industrial  Buildings  stops  for  a 
period  of  15  days  (except  for  stoppages  caused  by  strikes, 
lockouts,  labor  disputes,  fire,  unusual  delay  in  transporta- 
tion, unavoidable  casualty,  weather  or  Acts  of  God)  or  is 
not  proceeding  in  a  manner  reasonably  satisfactory  to  the 
Bank  as  agent  for  the  holder  of  the  Bond,  time  being  of  the 
essence;  or 

(f)  if  the  Company  makes  any  assignment  for  the 
benefit  of  creditors,  is  adjudicated  a  bankrupt,  or  a  re- 
ceiver is  appointed  for  its  assets;  or 

(g)  if  the  Company  shall  assign  or  in  any  other 
manner  transfer  the  Industrial  Buildings  without  the  prior 
written  consent  of  the  Bank  and  the  Trustees;  or 

(h)  if  any  mechanics'  liens  are  established  against 
the  Industrial  Buildings  and  are  not  caused  to  be  dis- 
charged or  bonded  against  by  the  Company  within  30  days 
after  it  receives  notice  of  the  establishment  thereof. 

9.     Miscellaneous. 

9.1  Notices.  All  notices,  requests  and  demands  upon 
the  respective  parties  hereto  shall  be  deemed  to  have  been 
given  or  made  when  deposited  in  the  United  States  mail, 
postage  prepaid,  and  addressed  as  follows: 

to  the  Bank:           The  Equitable  Trust  Company 
Calvert  and  Fayette  Streets 
Baltimore,  Maryland  21203 
Attn : _...._ 


to  the  Company:   Ansam  Metals  Corporation 
1026  East  Patapsco  Avenue 
Baltimore,  Maryland  21225 
Attn:  _ ..... 


to  the  Trustees:     c/o  The  Equitable  Trust  Company 
Calvert  and  Fayette  Streets 
Baltimore,  Maryland  21203 

9.2  No  Waiver;  Cumulative  Remedies.  No  failure 
by  the  Bank  as  agent  for  the  holder  of  the  Bond,  or  the 
Trustees  to  exercise,  and  no  delay  in  exercising,  any  right, 
power  or  privilege  under  this  Agreement  shall  operate  as  a 
waiver  thereof;  nor  shall  any  agreement  operate  as  a 
waiver  thereof;  nor  shall  any  partial  exercise  of  any  right, 


ORDINANCES  343 

power  or  privilege  hereunder  preclude  any  other  or  further 
exercise  thereof  or  the  exercise  of  any  other  right,  power  or 
privilege. 

9.3  Regarding  the  Trustees.  The  Trustees,  by  the 
acceptance  and  performance  of  this  trust  do  not  assume 
any  personal  liability,  and  the  Company  hereby  releases 
them  and  each  of  them  from  any  such  liability,  and  no 
claim  shall  be  made  by  the  Company  upon  the  Trustees  for 
or  on  account  or  any  matter  or  thing  in  excess  of  the  bal- 
ance of  the  Deposit  remaining  in  their  hands  and  undis- 
posed of  in  accordance  with  the  terms  of  this  Agreement. 
Any  one  or  more  of  the  Trustees  may  act  on  behalf  of  all. 
The  Trustees  are  hereby  empowered  by  the  Company  and 
the  Bank  as  agent  for  the  holder  of  the  Bond,  to  deposit  the 
Deposit  with  the  Bank  to  be  invested  according  to  the  pro- 
visions of  Section  4.6  of  the  Loan  Agreement  and  to  be 
disbursed  on  direction  of  the  Trustees  as  more  fully  pro- 
vided in  this  Trust  Agreement  and  the  Loan  Agreement. 
The  reasonable  fees  of  the  Bank  shall  be  paid  by  the  Com- 
pany. 

9.4  Survival  of  Agreements.  All  agreements,  cove- 
nants, representations  and  warranties  of  the  Company  made 
in  this  Agreement  shall  survive  the  making  of  the  disburse- 
ments hereunder. 

9.5  Successors.  This  Agreement  shall  be  binding 
upon  and  inure  to  the  benefit  of  the  Company,  the  City  and 
the  Bank  as  agent  for  the  holder  of  the  Bond  and  the 
Trustees,  and  the  Company's  successors  and  assigns  and 
the  Bank's  successors  and  assigns  and  the  City's  successors 
and  assigns  and  to  the  surviving  Trustees  or  Trustee  and 
their  or  his  successors  in  the  trust.  In  the  event  of  the 
death,  resignation  or  incapacity  of  any  Trustee,  the  re- 
maining Trustee  or  Trustees  shall  designate  a  successor 
Trustee  to  such  Trustee. 

9.6  Counterparts.  This  Agreement  may  be  executed 
in  any  number  of  counterparts  and  each  such  counterpart 
shall  be  deemed  to  be  an  original,  and  all  of  which  shall  con- 
stitute but  one  and  the  same  instrument. 

9.7  Applicable  Law.  This  Agreement  is  made,  exe- 
cuted and  delivered  in  the  State  of  Maryland  and  Maryland 


344  ORDINANCES  Ord.  No.  704 

law  shall  govern  its  interpretation,  performance  and  en- 
forcement. 

9.8  No  Representations  and  Warranties  by  Bank  as 
Agent  for  the  Holder  of  the  Bond.  Neither  the  approval  by 
the  Bank  as  agent  for  the  holder  of  the  Bond  of  the  Plans 
and  Specifications,  nor  any  subsequent  inspections  or  ap- 
provals of  the  Industrial  Buildings  during  construction  shall 
constitute  a  warranty  or  representation  by  the  Bank  or  any 
of  its  agents,  representatives  or  designees,  as  to  the  tech- 
nical sufficiency,  or  adequacy  or  safety  of  the  structure  or 
any  of  its  component  parts,  including  without  limitation, 
its  fixtures,  equipment  or  furnishings,  nor  shall  such  ap- 
provals or  inspections  constitute  such  a  warranty  or  rep- 
resentation as  to  the  subsoil  conditions  involved  in  the 
project  or  any  other  physical  condition  or  feature  per- 
taining to  the  Industrial  Buildings.  All  acts,  including  any 
failure  to  act,  relating  to  the  Industrial  Buildings  by  any 
agent,  representative  or  designee  of  the  Bank  are  per- 
formed solely  for  the  benefit  of  the  Bank  as  agent  for  the 
holder  of  the  Bond  to  assure  repayment  of  the  Loan  and  are 
not  for  the  benefit  of  the  Company  or  the  benefit  of  any 
other  person.  The  Company  agrees  to  indemnify  the  Bank 
and  the  Bank  as  agent  for  the  holder  of  the  Bond  and  to 
hold  it  harmless  against  any  loss  or  expense  (including  rea- 
sonable attorneys'  fees)  resulting  from  any  and  all  claims, 
actions,  settlements,  or  liability  for  acts  or  failure  to  act  in 
connection  with  the  Industrial  Buildings. 

9.9  Definitions.  The  terms  "Acquisition",  "acquisi- 
tion", "Act",  "Authorized  Company  Representative", 
"Bank",  "Bank  as  agent  for  the  holder  of  the  Bond", 
"Banking  Day",  "Bond",  "Company",  "Deed  of  Trust", 
"Industrial  Buildings",  "Loan",  "Loan  Agreement",  "Ordi- 
nance", and  "Trustees",  as  used  herein,  shall  have  the 
meanings  ascribed  thereto  in  Article  I  of  the  Loan  Agree- 
ment unless  the  context  clearly  indicates  a  contrary 
meaning. 

IN  WITNESS  WHEREOF,  the  parties  hereto  have 
caused  this  Agreement  to  be  executed,  sealed  and  delivered 
as  of  the  day  and  year  first  above-written. 


ORDINANCES  345 

ATTEST:  ANSAM  METALS  CORPORATION 

By  

(Corporate  Seal) 

WITNESS:  TRUSTEES 

_By (SEAL) 

as  Trustee 

.....By (SEAL) 

as  Trustee 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE,  joins 
in  the  execution  of  this  Trust  Agreement  for  the  sole  pur- 
pose of  evidencing  the  approval  by  its  Mayor  of  the  final 
form  thereof,  in  accordance  with  Section  13  of  the  Ordi- 
nance referred  to  therein. 

ATTEST: 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE 

By  _ 

Deputy  Treasurer  Mayor 

Sec.  14.  Be  it  further  ordained,  That  the  Deed  of  Trust 
shall  be  in  such  form  and  contain  such  provisions  as  the 
Mayor  of  the  City  shall  approve  on  behalf  of  the  City,  such 
approval  to  be  conclusively  evidenced  by  the  execution  of 
the  Deed  of  Trust  by  the  Mayor  of  the  City  for  the  limited 
purpose  of  evidencing  such  approval. 

Sec.  15.  Be  it  further  ordained,  That  the  Guaranty 
Agreement  to  be  executed  and  delivered  by  the  Company 
shall  be  in  such  form  and  contain  such  provisions  as  the 
Mayor  of  the  City  shall  approve  on  behalf  of  the  City,  such 
approval  of  the  Guaranty  Agreement  to  be  conclusively  evi- 
denced by  the  execution  thereof  by  the  Mayor  of  the  City 
for  the  limited  purpose  of  evidencing  such  approval. 

Sec.  16.  Be  it  further  ordained,  That  the  execution  and 
delivery  of  the  Bond,  the  Loan  Agreement  and  the  Assign- 
ment, and  the  execution  of  the  Trust  Agreement  (for  the 
limited  purpose  of  evidencing  the  approval  by  the  Mayor 
of  the  City  of  the  form  and  provisions  thereof),  the  Guar- 


346  ORDINANCES  Ord.  No.  704 

anty  Agreement  (for  the  limited  purpose  of  evidencing  the 
approval  by  the  Mayor  of  the  City  of  the  form  and  provi- 
sions thereof) ,  and  the  Deed  of  Trust  (for  the  limited  pur- 
pose of  evidencing  the  approval  by  the  Mayor  of  the  City 
of  the  form  and  provisions  thereof) ,  and  all  other  documents 
necessary  to  evidence  and  secure  the  Bond  and  the  Loan 
are  hereby  authorized.  The  Loan  Agreement,  the  Assign- 
ment, the  Trust  Agreement,  the  Guaranty  Agreement  and 
the  Deed  of  Trust  shall  be  executed  on  behalf  of  the  City 
by  the  Mayor  of  the  City  by  his  manual  signature,  and  the 
corporate  seal  of  the  City  shall  be  impressed  or  otherwise 
reproduced  thereon  and  attested  by  the  Deputy  Treasurer 
of  the  City  by  his  manual  signature.  The  Bond  shall  be 
executed  on  behalf  of  the  City  by  the  Mayor  of  the  City  by 
his  manual  signature,  and  the  corporate  seal  of  the  City 
shall  be  impressed  or  otherwise  reproduced  thereon  and 
attested  by  the  Deputy  Treasurer  of  the  City  by  his  manual 
signature.  In  case  any  officer  whose  signature  shall  appear 
on  the  Bond  or  any  of  the  aforesaid  documents  shall  cease 
to  be  such  officer  before  the  delivery  of  the  Bond  or  any  of 
the  other  documents  aforesaid,  such  signature  shall  never- 
theless be  valid  and  sufficient  for  all  purposes,  the  same  as 
if  such  officer  had  remained  in  office  until  delivery.  The 
Mayor,  the  Deputy  Treasurer  and  other  officials  of  the  City 
shall  do  all  such  acts  and  things  and  execute  such  support- 
ing documents  and  certificates  as  may  be  necessary  to  carry 
out  and  comply  with  the  provisions  hereof.  Before  the  exe- 
cution and  delivery  of  the  Bond  by  the  Mayor  to  the  Bank, 
the  City  shall  have  received  a  certificate  signed  by  an  officer 
of  the  Bank  and  satisfactory  to  counsel  for  the  City  stating 
that  (a)  the  Bank  has  purchased  the  Bond  as  a  commercial 
investment  and  not  with  a  view  to  redistribute  the  same  to 
the  general  public,  and  (b)  the  Bank  has  not  relied  upon 
the  City  for  or  received  from  the  City  any  information  con- 
cerning the  financial  condition  of  Ansam  Metals  Corporation. 

Sec.  17.  Be  it  further  ordained,  That  the  provisions  of 
this  Ordinance  are  severable,  and  if  any  provision,  sentence, 
clause,  section  or  part  thereof  is  held  illegal,  invalid  or  un- 
constitutional or  inapplicable  to  any  person  or  circumstances, 
such  illegality,  invalidity  or  unconstitutionality,  or  inappli- 
cability shall  not  affect  or  impair  any  of  the  remaining  pro- 
visions, sentences,  clauses,  sections,  or  parts  of  this  Ordi- 


ORDINANCES  347 

nance  or  their  application  to  other  persons  or  circumstances. 
It  is  hereby  declared  to  be  the  legislative  intent  that  this 
Ordinance  would  have  been  passed  if  such  illegal,  invalid 
or  unconstitutional  provision,  sentence,  clause,  section  or 
part  had  not  been  included  herein,  and  if  the  person  or  cir- 
cumstances to  which  this  Ordinance  or  any  part  hereof  are 
inapplicable  had  been  specifically  exempted  herefrom. 

Sec.  18.  Be  it  further  ordained,  That  this  Ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  25,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  705 
(Council  No.  1572) 

An  Ordinance  authorizing  Mayor  and  City  Council  of 
Baltimore  to  enter  into  a  Supplemental  Agreement  with 
the  Department  of  Transportation  of  Maryland  for  the 
purpose  of  securing  (but  only  to  the  extent  of  the  exist- 
ing obligations  of  Mayor  and  City  Council  of  Baltimore 
with  respect  to  outstanding  County  Highway  Construc- 
tion Bonds  issued  by  the  Department  of  Transportation 
of  Maryland)  the  payment  of  the  principal  of  and  interest 
on  refunding  bonds  to  be  issued  by  the  Department  of 
Transportation  of  Maryland  pursuant  to  Sections  3-301 
to  3-309,  inclusive,  of  the  Transportation  Article  of  the 
Annotated  Code  of  Maryland  (1977  Edition  and  1977 
Supplement)  and  Section  24  of  Article  31  of  the  Anno- 
tated Code  of  Maryland  (1976  Replacement  Volume  and 
1977  Supplement)  to  be  designated  "Department  of 
Transportation — County  Transportation  Bonds — First 
Issue,  Refunding  Series  1978",  for  the  purpose  of  refund- 
ing outstanding  issues  of  County  Highway  Construction 
Bonds  and  County  Transportation  Bonds  issued  by  the 
State  Roads  Commission  of  Maryland  and  the  Department 
of  Transportation  of  Maryland,  in  order  to  realize  savings 
in  the  effective  costs  of  debt  service  to  Mayor  and  City 


348  ORDINANCES  Ord.  No.  705 

Council  of  Baltimore  and  other  participating  counties; 
and  authorizing  the  officers  of  Mayor  and  City  Council 
of  Baltimore  to  take  such  further  action  as  may  be  neces- 
sary and  proper  to  consummate  the  issuance  and  sale  of 
such  refunding  bonds. 

Whereas,  Mayor  and  City  Council  of  Baltimore  (the 
"City")  has  participated  in  the  proceeds  of  the  sale  of  cer- 
tain issues  of  County  Highway  Construction  Bonds  issued 
from  time  to  time  by  the  Department  of  Transportation  of 
Maryland  (the  ''Department"),  and  in  connection  there- 
with has  entered  into  certain  agreements  with  the  Depart- 
ment as  described  in  the  form  of  proposed  Supplemental 
Agreement  attached  hereto  and  made  a  part  hereof,  for  the 
purpose  of  securing  the  payment  of  the  City's  proportionate 
share  of  the  principal  of  and  interest  payable  on  such  bond 
issues ;  and 

Whereas,  the  Department  has  determined  that  it  would 
be  in  the  public  interest  to  refund  issues  of  County  Highway 
Construction  Bonds  and  County  Transportation  Bonds 
heretofore  issued  by  the  State  Roads  Commission  of  Mary- 
land (the  "Commission")  and  the  Department  and  pres- 
ently outstanding,  for  the  public  purpose  of  realizing  sav- 
ings in  the  effective  costs  of  debt  service  to  the  several 
counties  of  the  State  of  Maryland,  including  Baltimore  City, 
which  have  participated  from  time  to  time  in  the  proceeds 
of  such  bond  issues ;  and 

Whereas,  the  Department  proposes  to  issue  and  sell  its 
Department  of  Transportation — County  Transportation 
Bonds— First  Issue,  Refunding  Series  1978  (the  "Refund- 
ing Bonds")  in  an  aggregate  principal  amount  which  will 
be  sufficient,  together  with  other  funds  available  therefor, 
for  the  purpose  of  refunding  issues  of  County  Highway 
Construction  Bonds  and  County  Transportation  Bonds 
heretofore  issued  by  the  Commission  and  the  Department 
and  presently  outstanding,  such  Refunding  Bonds  to  be 
issued  pursuant  to  Sections  3-301  to  3-309,  inclusive,  of  the 
Transportation  Article  of  the  Annotated  Code  of  Maryland 
(1977  Edition  and  1977  Supplement)  and  Section  24  of 
Article  31  of  the  Annotated  Code  of  Maryland  (1976 
Replacement  Volume  and  1977  Supplement)  ;  and 


ORDINANCES  349 

Whereas,  the  Department  has  submitted  to  the  City  for 
execution  a  proposed  Supplemental  Agreement  in  the  form 
attached  hereto  and  made  a  part  hereof ;  and 

Whereas,  the  City  has  determined  that,  in  order  to 
realize  savings  through  a  reduction  in  the  effective  costs  of 
debt  service,  it  would  be  in  the  public  interest  to  enter  into 
the  proposed  Supplemental  Agreement  with  the  Depart- 
ment, substantially  in  the  form  attached  hereto  and  made 
a  part  hereof,  for  the  purpose  of  securing  (but  only  to  the 
extent  of  the  City's  existing  obligations  with  respect  to  the 
issues  of  County  Highway  Construction  Bonds  to  be  re- 
funded) the  payment  of  the  principal  of  and  interest  on 
the  Refunding  Bonds;  now,  therefore,  in  accordance  with 
the  terms  and  provisions  of  the  Charter  of  Mayor  and  City 
Council  of  Baltimore : 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  proposed  Supplemental  Agreement 
to  be  entered  into  between  the  City  and  the  Department 
of  Transportation  of  Maryland,  in  substantially  the  form 
attached  hereto  and  made  a  part  hereof,  be  and  it  is  hereby 
approved;  and  that  the  Mayor  is  hereby  authorized  and 
directed  to  execute  the  proposed  Supplemental  Agreement 
on  behalf  of  the  City,  in  substantially  the  form  attached 
hereto  and  made  a  part  hereof,  with  such  changes  and  in- 
sertions as  he  shall  deem  to  be  in  the  best  interests  of  the 
City,  and  his  execution  of  the  proposed  Supplemental 
Agreement  shall  constitute  conclusive  evidence  of  his  ap- 
proval of  the  final  form  thereof. 

Sec.  2.  And  be  it  further  ordained,  That  the  Mayor  and 
the  other  officers  of  the  City  are  hereby  authorized  to  take 
such  other  and  further  action  as  may  be  necessary  and 
proper  to  consummate  the  transaction  contemplated  by  the 
proposed  Supplemental  Agreement,  including  the  issu- 
ance and  sale  by  the  Department  of  Transportation  of 
Maryland  of  the  Refunding  Bonds  referred  to  in  the  recitals 
hereof. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 


350  ORDINANCES  Ord.  No.  705 

FORM  OF  PROPOSED 

SUPPLEMENTAL  AGREEMENT 

THIS  SUPPLEMENTAL  AGREEMENT  is  made  as  of 
the  fifteenth  day  of  April,  1978  by  and  between  the  DE- 
PARTMENT OF  TRANSPORTATION  OF  MARYLAND 
(the  "Department")  and  MAYOR  AND  CITY  COUNCIL 
OF  BALTIMORE  (the  "Participant"). 

EXPLANATORY  STATEMENT 

The  Participant  has  entered  into  certain  Agreements 
with  the  State  Roads  Commission  of  Maryland  (the  "Com- 
mission") or  the  Department  (as  indicated)  as  more  par- 
ticularly described  in  Schedule  A  attached  hereto  and  made 
a  part  hereof  (collectively,  the  "Agreements"),  in  connec- 
tion with  the  issuance  and  sale  by  the  Commission  or  the 
Department  (as  indicated)  of  County  Highway  Construc- 
tion Bonds  or  County  Transportation  Bonds  (as  indicated). 

The  issued  and  outstanding  bonds  of  issues  of  County 
Highway  Construction  Bonds  and  County  Transportation 
Bonds  referred  to  in  Schedule  A  are  herein  collectively 
called  the  "Outstanding  Bonds". 

With  respect  to  each  of  the  Agreements,  and  the  Out- 
standing Bonds  to  which  it  relates,  the  Department  has, 
in  accordance  with  such  Agreement,  on  its  books  a  separate 
account  designated  as  a  sinking  fund  for  the  security  of 
the  issue  of  Outstanding  Bonds  for  which  it  was  estab- 
lished. Each  of  the  Agreements  provides,  among  other 
things,  that  the  Comptroller  of  the  State  of  Maryland 
shall,  during  each  fiscal  year,  beginning  with  the  fiscal  year 
in  which  the  Outstanding  Bonds  of  the  particular  issue 
were  issued,  withhold  from  State  revenues  (Highway  User 
Revenues  with  respect  to  Agreements  executed  on  or  after 
June  1,  1970)  allocated  to,  or  held  for  the  credit  of  the 
Participant  under  Section  34  (Section  38 A  with  respect  to 
Agreements  executed  on  or  after  July  1,  1971)  of  Article 
89B  of  the  Annotated  Code  of  Maryland,  as  in  effect  from 
time  to  time,  after  providing  for  sinking  fund  require- 
ments for  prior  issues  of  County  Highway  Construction 
Bonds,  an  amount  equal  to  the  Participant's  share  of  the 
principal  of  and  interest  on  the  particular  issue  of  the 


ORDINANCES  351 

Outstanding  Bonds   in   the   current   and   next   succeeding 
fiscal  year. 

The  Department  has  determined  that  it  would  be  in  the 
public  interest  to  refund  issues  of  County  Highway  Con- 
struction Bonds  and  County  Transportation  Bonds  issued 
from  time  to  time  by  the  Commission  or  the  Department 
and  which  are  outstanding  as  of  the  date  hereof,  including 
the  Outstanding  Bonds  (collectively,  the  "Aggregate  Out- 
standing Bonds"),  for  the  public  purpose  of  realizing  sav- 
ings in  the  effective  costs  of  debt  service  to  the  several 
counties  of  the  State  of  Maryland,  including  Baltimore 
City,  which  have  participated  from  time  to  time  in  the 
proceeds  of  any  of  the  Aggregate  Outstanding  Bonds. 

The  Department  proposes  to  issue  and  sell  its  Depart- 
ment of  Transportation — County  Transportation  Bonds — 
First  Issue,  Refunding  Series  1978  (the  "Refunding 
Bonds")  in  an  aggregate  principal  amount  which  will  be 
sufficient,  together  with  any  other  funds  available  therefor, 
for  the  purpose  of  refunding  the  Aggregate  Outstanding 
Bonds  (except  as  provided  in  the  last  literary  paragraph 
of  Section  2  of  this  Supplemental  Agreement).  The  Re- 
funding Bonds  will  be  issued  pursuant  to  Sections  3-101  to 
3-102,  inclusive,  and  Sections  3-301  to  3-309,  inclusive,  of 
the  Transportation  Article  of  the  Annotated  Code  of  Mary- 
land (1977  Edition  and  1977  Supplement),  and  Section  24 
of  Article  31  of  the  Annotated  Code  of  Maryland  (1976 
Replacement  Volume  and  1977  Supplement). 

This  Supplemental  Agreement  is  entered  into  for  the 
purpose  of  securing,  to  the  extent  of  the  Participant's 
obligations  under  the  Agreements  with  respect  to  the  Out- 
standing Bonds,  the  payment  of  the  debt  service  on  the 
Refunding  Bonds. 

AGREEMENTS 

In  consideration  of  the  premises  and  in  accordance  with 
applicable  law,  the  parties  hereto  agree  as  follows: 

1.  The  Refunding  Bonds.  Subject  to  the  reservations 
set  forth  below,  as  soon  as  practicable  after  the  date  hereof 
(unless  the  Refunding  Bonds  are  sold  subject  to  the  execu- 
tion of  this  Supplemental  Agreement),  the  Department 
will  sell  the  Refunding  Bonds  in  an  aggregate  principal 


352  ORDINANCES  Ord.  No.  705 

amount  sufficient,  together  with  any  other  funds  available 
therefor,  to  refund  the  Aggregate  Outstanding  Bonds  (ex- 
cept as  provided  in  the  last  literary  paragraph  of  Section 
2  hereof) ;  provided,  however,  that  the  Department  may 
adjust  the  aggregate  principal  amount  of  the  Refunding 
Bonds  if  the  Department  determines,  in  its  discretion,  that 
such  an  adjustment  is  appropriate  in  order  to  accomplish 
the  purposes  of  this  Supplemental  Agreement. 

The  Refunding  Bonds  shall  be  dated  as  of  a  date  to  be 
determined  by  the  Department,  shall  bear  interest  payable 
semi-annually  accounting  from  the  date  of  the  Bonds,  shall 
mature  within  fifteen  (15)  years  after  the  date  of  their 
issue,  shall  bear  interest  at  the  rate  or  rates  agreed  upon 
by  the  purchasers  of  the  Refunding  Bonds  and  the  Secre- 
tary of  Transportation  of  Maryland  and  may  be  subject  to 
prior  redemption  by  the  Department  in  the  circumstances 
and  at  the  prices  specified  by  it  prior  to  issuance  thereof 
and  subject  to  the  provisions  of  this  Supplemental  Agree- 
ment. 

The  obligation  of  the  Department  to  issue  any  of  the 
Refunding  Bonds  is  subject  to  its  absolute  discretion  to 
determine  when  and  under  what  conditions  the  Refunding 
Bonds  shall  be  issued,  the  form  and  contents  thereof  and 
of  any  official  statement  issued  with  respect  thereto.  The 
Department  may,  in  its  absolute  discretion,  determine  not 
to  issue  and  sell  the  Refunding  Bonds.  It  is  the  purpose  of 
these  reservations  that  this  Supplemental  Agreement  is  at 
all  times  subject  to  the  paramount  need  for  preserving  the 
credit  of  the  Department  and  the  security  of  the  Refunding 
Bonds  and  to  the  requirement  that  the  refunding  of  the 
Aggregate  Outstanding  Bonds  will  realize  savings  in  the 
effective  costs  of  debt  service  to  the  several  counties  of  the 
State  of  Maryland,  including  Baltimore  City,  which  have 
participated  from  time  to  time  in  the  proceeds  of  any  of 
the  Aggregate  Outstanding  Bonds. 

2.  Use  of  Proceeds.  In  the  event  that  the  Refunding 
Bonds  are  issued,  then  promptly  after  settlement  therefor 
and  delivery  thereof,  the  Department  will  cause  the  pro- 
ceeds to  be  applied  as  follows : 

(a)  there  shall  first  be  deducted  from  the  proceeds  and 
credited  to  the  Sinking  Fund  hereinafter  provided  for  all 


ORDINANCES  353 

monies   received   from   the   purchaser   of  the   Refunding 
Bonds  on  account  of  accrued  interest  and  premium,  if  any ; 

(b)  from  the  remainder  there  shall  be  paid  all  expenses 
incurred  by  the  Department  in  connection  with  effecting 
the  issuance  of  the  Refunding  Bonds,  including,  but  not 
limited  to,  expenses  of  printing,  advertising,  delivery,  and 
financial,  administrative  and  legal  fees ; 

(c)  the  balance  of  the  proceeds,  together  with  any 
other  funds  available  therefor,  shall  be  used  by  the  Depart- 
ment to  purchase  direct  obligations  of  the  United  States 
of  America  (the  "Government  Obligations"),  to  be  held  in 
trust  by  an  escrow  agent  designated  by  the  Department 
(the  "Escrow  Agent").  The  Government  Obligations  will 
mature  at  such  time  and  in  such  amounts,  and  will  bear 
interest  payable  at  such  times,  and  in  such  amounts,  so 
that  sufficient  moneys  will  be  available  to  pay,  when  due, 
all  principal  of  and  premium,  if  any,  and  interest  on  the 
Aggregate  Outstanding  Bonds  (except  as  provided  in  the 
last  literary  paragraph  of  this  Section)  to  and  including 
their  respective  maturities  or  dates  of  redemption.  The 
Escrow  Agent  will  apply  the  maturing  principal  of  and  the 
interest  on  the  Government  Obligations  to  the  payment  of 
the  Aggregate  Outstanding  Bonds.  Upon  the  issuance  of 
the  Refunding  Bonds,  adequate  and  complete  provision  will 
have  been  made  for  the  timely  payment  of  the  principal  of 
and  interest  on  the  Aggregate  Outstanding  Bonds. 

The  Department  may,  in  its  discretion,  determine  that 
such  adequate  and  complete  provision  for  certain  issues  of 
the  Aggregate  Outstanding  Bonds  will  be  made  from  any 
other  available  funds  other  than  the  proceeds  of  the  Re- 
funding Bonds. 

3.  Sinking  Fund.  The  Department  will  establish  on  its 
books  a  separate  account  designated  "County  Transporta- 
tion Bonds — First  Issue,  Refunding  Series  1978  Sinking 
Fund",  or  other  appropriate  designation,  (the  "Sinking 
Fund"),  to  which  will  be  credited  any  accrued  interest  and 
premium  received  upon  settlement  for  the  Refunding 
Bonds.  The  Department  will  cause  the  Comptroller  of  the 
State  of  Maryland  to  credit  to  the  Sinking  Fund  the 
amounts  withheld  by  him  from  distribution  to  the  Partici- 
pant as  provided  below. 


354  ORDINANCES  Ord.  No.  705 

The  Comptroller  shall  withhold,  during  each  fiscal  year, 
from  Highway  User  Revenues  allocated  to,  or  held  for  the 
credit  of,  the  Participant  under  Sections  8-401  to  8-413, 
inclusive,  of  the  Transportation  Article  of  the  Annotated 
Code  of  Maryland,  an  amount  which  is  at  least  equal  to  the 
Participants  proportionate  share  of  the  debt  service  payable 
on  the  Refunding  Bonds  by  the  Department  in  the  current 
fiscal  year  and  in  the  next  succeeding  fiscal  year  (the 
"Participant's  Refunding  Bonds  Debt  Service  Require- 
ment") ;  provided,  however,  that  the  amount  so  withheld 
during  each  fiscal  year  shall  not  in  any  event  exceed  the 
Participant's  proportionate  share  of  the  debt  service  pay- 
able on  the  Outstanding  Bonds  in  the  current  fiscal  year 
and  in  the  next  succeeding  fiscal  year,  as  though  the  Out- 
standing Bonds  had  not  been  refunded  (the  "Participant's 
Outstanding  Bonds  Debt  Service  Requirement").  All  funds 
so  allocated  to,  or  held  for  the  credit  of  the  Participant 
shall  be  so  withheld  until  an  amount  which  is  at  least 
equal  to  the  Participant's  Refunding  Bonds  Debt  Service 
Requirement,  but  not  to  exceed  the  Participant's  Outstand- 
ing Bonds  Debt  Service  Requirement,  shall  have  been  accu- 
mulated. In  each  fiscal  year  (or  in  the  discretion  of  the 
Department,  in  the  six-month  period  immediately  preceding 
the  beginning  thereof)  the  Comptroller  shall  withhold 
from  the  funds  allocated  to  or  held  for  the  credit  of  the 
Participant,  the  amount  necessary  to  maintain  in  the  Sink- 
ing Fund  (exclusive  of  interest  and  increment,  if  any,  on 
investments)  an  amount  which  is  at  least  equal  to  the 
Participant's  Refunding  Bonds  Debt  Service  Requirement, 
but  not  to  exceed  the  Participant's  Outstanding  Bonds  Debt 
Service  Requirement.  The  debt  service  payable  on  the  Re- 
funding Bonds  by  the  Department  may  include  or  be 
limited  to  sinking  fund  deposits  to  be  made  by  the  Depart- 
ment to  the  Sinking  Fund.  The  amounts  of  such  sinking 
fund  deposits  shall  be  established  in  the  Resolution  adopted 
by  the  Secretary  of  Transportation  authorizing  the  issu- 
ance and  sale  of  the  Refunding  Bonds  and  determining 
other  matters  in  connection  therewith  (the  "Resolution"). 

The  Participant  hereby  authorizes  the  Department  to 
cause  to  be  transferred  to  the  Sinking  Fund  sums  on  de- 
posit in  sinking  funds  established  by  the  Commission  or 
the  Department  in  connection  with  any  of  the  Outstanding 
Bonds  to  the  extent  that  the  Department  determines  such 


ORDINANCES  356 

a  transfer  necessary  in  order  to  accomplish  the  purposes 
of  this  Supplemental  Agreement. 

In  the  event  the  Participant  shall  elect  to  pay  its  propor- 
tionate share  of  debt  service,  as  set  forth  above,  from  the 
proceeds  of  taxes  to  be  levied  by  it  directly,  the  Partici- 
pant shall  notify  the  Comptroller,  in  writing,  not  later  than 
the  first  day  of  January  in  the  calendar  year  in  which  the 
Participant  proposes  to  make  such  payments  and,  upon  re- 
ceipt of  such  notice,  the  Comptroller  shall  not  withhold  in 
accordance  with  Section  3  hereof  any  of  the  Highway  User 
Revenues  allocated  to  or  held  for  the  credit  of  the  Partici- 
pant after  the  first  day  of  July  in  such  year,  unless  and 
until  the  Comptroller  shall  receive  further  written  notice 
from  the  Participant  so  to  withhold,  or  unless  and  until  the 
Comptroller  shall  receive  written  notice  from  the  Depart- 
ment that  the  Participant  has  failed  to  make  the  necessary 
deposit  into  the  Sinking  Fund,  at  the  times  and  in  the 
amounts  necessary  to  maintain  it.  This  paragraph  is  in- 
tended to  implement,  and  shall  be  construed  so  as  to  imple- 
ment, Section  3-307  (b)(4)  of  the  Transportation  Article 
of  the  Annotated  Code  of  Maryland. 

All  payments  on  account  of  debt  service  payable  on  the 
Refunding  Bonds  by  the  Department  shall  be  made  by  the 
State  Treasurer  from  the  Sinking  Fund  as  provided  in 
Section  3-307  of  the  Transportation  Article  of  the  Anno- 
tated Code  of  Maryland  upon  warrants  of  the  Comptroller 
as  requested  by  the  Department.  The  Department  shall 
keep  accurate  records  of  the  total  deposits  and  disburse- 
ments credited  and  charged  to  the  Sinking  Fund,  and  of 
the  deposits  and  disbursements  made  on  behalf  of  the 
Participant. 

In  the  event  deposits  to  the  Sinking  Fund  shall  be  con- 
tinuously made  as  herein  provided,  the  authority  to  with- 
hold hereby  conferred  on  the  Comptroller  shall  terminate 
not  later  than  the  end  of  the  fiscal  year  next  preceding  the 
fiscal  year  of  the  final  maturity  of  the  Outstanding  Bonds 
(as  though  they  had  not  been  refunded) . 

The  Department  shall  have  the  right  from  time  to  time, 
in  its  discretion,  to  invest  any  and  all  monies  credited  to 
the  Sinking  Fund  as  provided  in  the  Resolution.  Any 
profit  realized  from  such  investment  shall  be  credited  to 


356  ORDINANCES  Ord.  No.  705 

the  Sinking  Fund  and  any  loss  resulting  from  such  invest- 
ment shall  be  charged  to  the  Sinking  Fund. 

Unless  the  Participant  shall  have  previously  exercised 
its  option  to  terminate  under  Section  4  hereof,  the  Partici- 
pant shall  be  entitled  to  reimbursement  of  its  proportionate 
share  of  any  balance  (after  payment  of  all  paying  agent 
and  bond  registrar  fees)  remaining  in  the  Sinking  Fund, 
after  all  of  the  Refunding  Bonds,  and  the  coupons  attached 
thereto,  shall  have  matured  and  been  paid,  or  provision 
made  for  such  payment. 

4.  Redemption  and  Termination.  If,  in  the  issuance  of 
the  Refunding  Bonds,  the  Department  shall  reserve  the 
right  to  redeem  the  Refunding  Bonds  in  whole  or  in  part 
at  a  price  in  excess  of  par,  it  shall  not  thereafter  obligate 
or  commit  any  funds  of  the  Participant  in  the  Sinking  Fund 
or  elsewhere,  in  the  exercise  of  such  right  without  the 
prior  written  consent  of  the  Participant.  However,  the  Par- 
ticipant may,  in  its  discretion,  terminate  at  any  time  its 
entire  liability  hereunder  and  the  withholding  provided  for 
in  Section  3  hereof  by  serving  written  notice  of  termination 
of  this  Supplemental  Agreement  upon  the  Department, 
accompanied  by  a  certified  or  bank  cashier's  check  drawn 
to  the  order  of  the  Treasurer  of  the  State  of  Maryland  in  an 
amount  determined  by  the  Department  to  be  equal  to  the 
Participant's  share  of  the  principal  then  due  or  to  become 
due  on  the  Outstanding  Bonds  (as  though  they  had  not  been 
refunded)  until  the  final  maturity  thereof,  plus  the  Par- 
ticipant's share  of  the  interest  due  or  to  become  due  on  the 
Outstanding  Bonds  (as  though  they  have  not  been  refunded) 
until  their  respective  maturities,  less  the  sum  of  the  Par- 
ticipant's proportionate  share  of  debt  service  accumulated 
in  the  Sinking  Fund,  and  the  Participant's  share  of  funds 
held  by  the  Treasurer  for  the  payment  of  the  Refunding 
Bonds  and  coupons  which  are  then  due,  but  which  have  not, 
at  the  date  of  such  termination,  been  presented  for  pay- 
ment. The  sum  so  tendered  by  the  Participant  shall  be  re- 
corded on  the  books  of  the  State  Treasury  Department  as 
a  separate  account  and  shall  be  invested  by  the  Treasurer 
in  the  same  manner  as  is  above  provided  for  the  invest- 
ment of  monies  in  the  Sinking  Fund.  Simultaneously  with 
making  deposits  to  the  Sinking  Fund  in  accordance  with 
Section  3  hereof,  the  Comptroller  shall  cause  to  be  with- 


ORDINANCES  357 

drawn  from  the  separate  account  and  credited  to  the  Sink- 
ing Fund  an  amount  which  is  at  least  equal  to  the  Partici- 
pant's Refunding  Bond  Debt  Service  Requirement.  Any 
balance  in  the  account,  after  the  final  principal  and  interest 
payment  on  account  of  the  Refunding  Bonds  has  been 
made,  shall  be  paid  to  the  Participant.  If,  after  termination, 
the  Department  shall  elect  to  redeem  the  Refunding  Bonds 
in  whole  or  in  part,  in  accordance  with  the  provisions 
thereof,  the  separate  account  may  be  charged  with  so  much 
as  may  be  necessary  of  the  Participant's  proportionate 
share  of  the  redemption  price  paid. 

5.  Other  Covenants  and  Representations  by  the  Partici- 
pant. The  Participant  further  covenants  and  represents  as 
follows: 

(a)  except  as  provided  in  Section  3  above  there  are 
no  liens  upon,  or  pledges  of,  the  Participant's  share  of  High- 
way User  Revenues  allocated  to,  or  held  for  the  credit  of, 
the  Participant  under  Sections  8-401  to  8-413,  inclusive,  of 
the  Transportation  Article  of  the  Annotated  Code  of  Mary- 
land prior  or  superior  to  the  withholding  for  Sinking  Fund 
purposes  herein  agreed  to,  which  impair  or  interfere  with 
the  withholdings ; 

(b)  the  Participant  will  not  pledge  any  such  revenues 
nor  create  or  permit  the  creation  of  any  liens  thereon  prior, 
superior,  or  equal  to  the  commitments  made  by  it  here- 
under, and  will  not  do  or  suffer  to  be  done  any  act  or  thing 
which  will  impair  or  interfere  with  the  security  of  the 
Refunding  Bonds  or  which  will  impair  or  interfere  with 
its  ability  or  the  ability  of  the  Department,  the  Comp- 
troller and  the  Treasurer  to  perform  in  accordance  with 
the  Agreements  and  this  Supplemental  Agreement ; 

(c)  the  Participant  has  covenanted,  in  each  of  the 
Agreements,  that  it  will,  in  each  fiscal  year,  levy  ad  valorem 
taxes  upon  all  property  within  its  jurisdiction  subject  to 
assessment  for  taxation  at  such  rates  as  will  be  sufficient 
for  it  to  collect  in  tax  revenue  a  minimum  of  one  dollar  per 
capita  of  population,  and  that  it  will  certify  its  annual  tax 
levy  in  each  year  to  the  Comptroller,  it  being  the  intent 
and  purpose  of  such  covenants  to  insure  that  the  Partici- 
pant will  not  impair  its  other  covenants  under  the  Agree- 
ments  and  this   Supplemental   Agreement   by   failure  to 


358  ORDINANCES  Ord.  No.  705 

comply  with  the  applicable  provisions  of  Sections  8-401 
to  8-413,  inclusive,  of  the  Transportation  Article  of  the 
Annotated  Code  of  Maryland ;  and 

(d)  by  the  issuance  of  the  Refunding  Bonds  by  the 
Department,  no  debt  limit  or  referendum  requirements 
will  be  exceeded  or  violated  and  the  Participant's  involve- 
ment in  such  bond  issue  will  not  require  approval  by  its 
qualified  voters. 

6.  Agreements  for  Benefit  of  Bondholders.  It  is  hereby 
agreed  that  the  provisions  of  the  Agreements  and  of  this 
Supplemental  Agreement  shall  and  are  intended  to  be  for 
the  benefit  and  security  of  the  bona  fide  holders  from  time 
to  time  of  the  Refunding  Bonds  and  coupons  attached 
thereto  and  that  the  covenants  therein  and  herein  con- 
tained shall  be  enforceable  by  such  holders  to  the  same  ex- 
tent as  though  they  were  parties  to  the  Agreements  and  to 
this  Supplemental  Agreement. 

7.  Validity.  It  is  hereby  agreed  that  the  parties  hereto 
will  take  all  action  within  their  respective  delegated  pow- 
ers to  assure  the  legal  validity  of  this  Supplemental  Agree- 
ment and  of  the  Refunding  Bonds  and  that,  in  the  event 
further  legislation  by  the  General  Assembly  of  Maryland 
should  at  any  time  be  deemed  necessary  to  assure  such 
validity,  they  will  use  their  best  efforts  to  obtain  the  pas- 
sage of  such  legislation. 

8.  Approval.  This  Supplemental  Agreement  shall  be- 
come effective  when  duly  authorized  and  executed  by  both 
parties  hereto.  Approval  by  the  Board  of  Public  Works  of 
the  State  of  Maryland  of  the  issuance  by  the  Department 
of  the  Refunding  Bonds  is  necessary  prior  to  the  sale 
thereof. 

9.  Effect  Upon  Prior  Agreements.  The  Agreements,  by 
their  terms,  do  not  expressly  provide  for  the  issuance  and 
sale  by  the  Department  of  refunding  bonds  for  the  purpose 
of  refunding  the  Outstanding  Bonds.  Accordingly,  the  Par- 
ticipant and  the  Department  intend,  by  the  execution  of 
this  Supplemental  Agreement,  to  provide  that  all  of  the 
covenants  and  agreements  set  forth  in  the  Agreements  for 
the  security  of  the  Outstanding  Bonds  shall  be  deemed  to 


ORDINANCES 


359 


secure  the  Refunding  Bonds,  the  proceeds  of  which  will  be 
used,  together  with  any  other  funds  available  therefor,  to 
refund  the  Outstanding  Bonds  as  herein  provided  (except 
to  the  extent  provided  in  the  last  literary  paragraph  of 
Section  2  hereof),  resulting  in  savings  in  the  effective  costs 
of  debt  service  on  the  Outstanding  Bonds  to  the  Partici- 
pant. Nothing  herein  contained  shall  be  construed  to  (a) 
relieve  the  Participant  from  any  of  its  obligations  under 
the  Agreements,  except  to  the  extent  herein  provided,  or 
(b)  alter,  modify  or  supersede  the  Agreements  pertaining 
to  the  Outstanding  Bonds,  but  the  provisions  hereof  shall 
be  supplemental  and  cumulative  to  all  of  the  Agreements. 

IN  WITNESS  WHEREOF  the  parties  hereto  have  set 
their  hands  and  seals  as  of  the  day  and  year  first  above 
written. 

Department  of  Transportation  of  Maryland 

By 


Witness 


[SEAL] 


Witness : 
[SEAL] 


Secretary 


Mayor  and  City  Council  of  Baltimore 

By  

Mayor 


Approved    As    To    Form    And    Legal 

Sufficiency  This Day  of , 

1978. 


By 


Assistant  Attorney  General 

Counsel  to  the  Department  of 

Transportation 


360  ORDINANCES  Ord.  No.  705 

Approved  As  To  Form  And  Legal 

Sufficiency  This Day  of , 

1978. 

By 

City  Solicitor 

SCHEDULE  A 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE 

(a)  Agreement  executed  as  of  the  1st  day  of  July,  1971 
by  and  between  the  Participant  and  the  Department,  pur- 
suant to  Section  211G-1  of  Article  89B  of  the  Annotated 
Code  of  Maryland,  as  then  in  effect,  for  the  purpose  of  secur- 
ing the  payment  of  the  Participant's  proportionate  share  of 
the  principal  of  and  interest  on  $28,350,000  Department  of 
Transportation — County  Highway  Construction  Bonds — 
Second  Issue,  Second  Series,  dated  December  1,  1971.  The 
Participant  participated  in  the  proceeds  of  such  County 
Highway  Construction  Bonds  to  the  extent  of  $23,000,000. 

(b)  Agreement  executed  as  of  the  1st  day  of  July,  1972 
by  and  between  the  Participant  and  the  Department,  pur- 
suant to  Section  211G-1  of  Article  89B  of  the  Annotated 
Code  of  Maryland,  as  then  in  effect,  for  the  purpose  of  secur- 
ing the  payment  of  the  Participant's  proportionate  share  of 
the  principal  of  and  interest  on  $45,685,000  Department  of 
Transportation — County  Highway  Construction  "Bonds — 
Second  Issue,  Third  Series,  dated  September  1,  1972.  The 
Participant  participated  in  the  proceeds  of  such  County 
Highway  Construction  Bonds  to  the  extent  of  $40,000,000. 

(c)  Agreement  executed  as  of  the  1st  day  of  July,  1973 
by  and  between  the  Participant  and  the  Department,  pursu- 
ant to  Section  211G-1  of  Article  89B  of  the  Annotated 
Code  of  Maryland,  as  then  in  effect,  for  the  purpose  of  secur- 
ing the  payment  of  the  Participant's  proportionate  share  of 
the  principal  of  and  interest  on  $47,150,000  Department  of 
Transportation — County  Highway  Construction  Bonds — 
Second  Issue,  Fourth  Series,  dated  December  1,  1973.  The 
Participant  participated  in  the  proceeds  of  such  County 
Highway  Construction  Bonds  to  the  extent  of  $40,000,000. 

(d)  Agreement  executed  as  of  the  1st  day  of  July,  1974 
by  and  between  the  Participant  and  the  Department,  pursu- 


ORDINANCES  361 

ant  to  Section  211G-1  of  Article  89B  of  the  Annotated  Code 
of  Maryland,  as  then  in  effect,  for  the  purpose  of  securing 
the  payment  of  the  Participant's  proportionate  share  of 
the  principal  of  and  interest  on  $44,150,000  Department  of 
Transportation — County  Highway  Construction  Bonds — 
Second  Issue,  Fifth  Series,  dated  November  1,  1974.  The 
Participant  participated  in  the  proceeds  of  such  County 
Highway  Construction  Bonds  to  the  extent  of  $40,000,000. 

Approved  April  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  706 
(Council  No.  1350) 

An  Ordinance  to  amend  Sheet  No.  68  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning",  (Ordinance  No.  1051,  approved 
April  20,  1971)  by  changing  from  the  B-2-2  Zoning 
District  to  the  R-8-P  Zoning  District  the  property  bounded 
on  the  south  by  Elliott  Street,  on  the  Southwest  by  Boston 
Street,  on  the  west  by  Lakewood  Avenue,  on  the  north 
by  an  irregular  line  running  from  Lakewood  Avenue 
easterly  approximately  110  to  310  feet  north  of  Elliott 
Street,  and  on  the  east  by  an  irregular  line  running  from 
Elliott  Street  northerly  approximately  0  to  570  feet  west 
of  Curley  Street,  as  outlined  in  red  on  the  AMENDED 
plats  accompanying  this  ordinance:  by  changing  from 
the  M-2-2  Zoning  District  to  the  R-8-P  Zoning  District 
the  property  bounded  on  the  south  and  southwest  by 
Boston  Street,  on  the  west  by  the  point  of  intersection 
of  Elliott  and  Boston  Streets,  on  the  north  by  an  ir- 
regular line  running  from  Decker  Street  AVENUE 
westerly  approximately  0  to  400  feet  south  of  Elliott 
Street,  and  on  the  east  by  an  irregular  line  running 
southerly  from  Elliott  Street  approximately  0  to  200 
feet  west  of  Decker  Street,  AVENUE,  as  outlined  in 
purple  on  the  AMENDED  plats  accompanying  this  ordi- 
nance; by  changing  from  the  B-2-2  Zoning  District  to 


362  ORDINANCES  Ord.  No.  706 

the  R-8-P  Zoning  District  the  property  at  the  northwest 
corner  of  the  intersection  of  Boston  Street  and  Elhvood 
Avenue,  as  outlined  in  red  on  the  AMENDED  plats  ac- 
companying this  ordinance:  by  changing  from  the  R-8 
Zoning  District  to  the  R-8-P  Zoning  District  the  prop- 
erty bounded  on  the  south  by  an  irregular  line  running 
from  East  Street  AVENUE  westerly  approximately  0 
to  180  feet  north  of  Boston  Street,  on  the  west  by  an 
irregular  line  running  from  Boston  Street  northerly  ap- 
proximately 90  to  380  feet  east  of  Potomac  Street,  on 
the  north  by  an  irregular  line  running  from  East  Street 
AVENUE  westerly  approximately  100  to  350  feet  south 
of  Elliott  Street,  and  on  the  east  by  an  irregular  line 
running  from  Boston  Street  northerly  approximately  0  to 
370  feet  west  of  East  Street,  AVENUE,  as  outlined  in 
green  on  the  AMENDED  plats  accompanying  this  ordi- 
nance: by  changing  from  the  B-2-2  Zoning  District  to 
the  R-8-P  Zoning  District  the  property  bounded  on  the 
south  by  »»  irregular  Ime  running  from  East  Street 
easterly  approximately  0  te  4$0  feet  north  e£  Boston 
Street,  e»  the  west  fey  East  Street,  e»  the  north  fey  a» 
irregular  line  running  from  East  Street  easterly  approxi 
matoly  0  to  200  feet  south  ef  Toono  Street,  a«4  e»  fcfee 
east  fey  a»  irregular  fee  running  from  Toono  Street 
southerly  approximately  O  to  250  feet  west  ef  Highland 
Avenue,  BOSTON  STREET,  ON  THE  WEST  BY  EAST 
AVENUE,  ON  THE  NORTH  BY  TOONE  STREET, 
AND  ON  THE  EAST  BY  CLINTON  STREET  as  out- 
lined in  red  on  the  AMENDED  plats  accompanying  this 
ordinances  BY  CHANGING  FROM  THE  B-2-2  ZON- 
ING DISTRICT  TO  THE  M-l-2  ZONING  DISTRICT 
THE  PROPERTY  BOUNDED  ON  THE  SOUTH  BY 
AN  IRREGULAR  LINE  RUNNING  FROM  CLINTON 
STREET  EASTERLY  APPROXIMATELY  0  TO  190 
FT.  NORTH  OF  BOSTON  ST,  ON  THE  WEST  BY 
CLINTON  ST.,  ON  THE  NORTH  BY  AN  IRREGU- 
LAR LINE  RUNNING  FROM  CLINTON  ST.  EAST- 
ERLY APPROXIMATELY  130  TO  200  FT.  SOUTH 
OF  TOONE  ST,  AND  ON  THE  EAST  BY  AN  IR- 
REGULAR LINE  RUNNING  FROM  TOONE  ST. 
SOUTHERLY  APPROXIMATELY  0  TO  120  FT.  WEST 
OF  HIGHLAND  AVE,  AS  OUTLINED  IN  BLUE  ON 
THE    AMENDED    PLATS    ACCOMPANYING    THIS 


ORDINANCES  363 

ORDINANCE  and  by  changing  from  the  M-2-2  Zoning 
District  to  the  R  8  P  M-l-2  Zoning  District  the  property 
bounded  on  the  south  by  an  irregular  line  running  west- 
erly from  Highland  Avenue  approximately  70  to  80  feet 
north  of  Boston  Street,  on  the  west  by  a  line  running 
northerly  from  a  point  approximately  70  feet  north  of 
Boston  Street  approximately  110  feet  east  of  Clinton 
Street,  on  the  north  by  a  line  running  westerly  from 
Highland  Avenue  approximately  300  feet  south  of  Toone 
Street,  and  on  the  east  by  Highland  Avenue,  as  outlined 
in  purple  GOLD  on  the  AMENDED  plats  accompanying 
this  ordinance. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  68  of  the  Zoning  District  Maps 
of  Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
Title  "Zoning",  (Ordinance  No.  1051  approved  April  20, 
1971)  be  and  it  is  hereby  amended  by  changing  from  the 
B-2-2  Zoning  District  to  the  R-8-P  Zoning  District  the 
property  bounded  on  the  south  by  Elliott  Street,  on  the 
southwest  by  Boston  Street,  on  the  west  by  Lakewood 
Avenue,  on  the  north  by  an  irregular  line  running  from 
Lakewood  Avenue  easterly  approximately  110  to  310  feet 
north  of  Elliott  Street,  and  on  the  east  by  an  irregular  line 
running  from  Elliott  Street  northerly  approximately  0  to 
570  feet  west  of  Curley  Street,  as  outlined  in  red  on  the 
AMENDED  plats  accompanying  this  ordinance;  by  chang- 
ing from  the  M-2-2  Zoning  District  to  the  R-8-P  Zoning 
District  the  property  bounded  on  the  south  and  southwest 
by  Boston  Street,  on  the  west  by  the  point  of  intersection 
of  Elliott  and  Boston  Streets,  on  the  north  by  an  irregular 
line  running  from  Decker  Street  AVENUE  westerly  ap- 
proximately 0  to  400  feet  south  of  Elliott  Street,  and  on 
the  east  by  an  irregular  line  running  southerly  from  Elliott 
Street  approximately  0  to  200  feet  west  of  Decker  Street, 
AVENUE  as  outlined  in  purple  on  the  AMENDED  plats 
accompanying  this  ordinance; 

by  changing  from  the  B-2-2  Zoning  District  to  the 
R-8-P  Zoning  District  the  property  at  the  northwest 
corner  of  the  intersection  of  Boston  Street  and  Ellwood 
Avenue,  as  outlined  in  red  on  the  AMENDED  plats  accom- 
panying this  ordinance;  by  changing  from  the  R-8  Zoning 
District  to  the  R-8-P  Zoning  District  the  property  bounded 


364  ORDINANCES  Ord.  No.  706 

on  the  south  by  an  irregular  line  running  from  East  Street 
AVENUE  westerly  approximately  0  to  180  feet  north  of 
Boston  Street,  on  the  west  by  an  irregular  line  running 
from  Boston  Street,  on  the  west  by  an  irregular  line  run- 
ning from  Boston  Street  northerly  approximately  90  to 
380  feet  east  of  Potomac  Street,  on  the  north  by  an  ir- 
regular line  running  from  East  Street  AVENUE  westerly 
approximately  100  to  350  feet  south  of  Elliott  Street,  and 
on  the  east  by  an  irregular  line  running  from  Boston  Street 
northerly  approximately  0  to  370  feet  west  of  East  Street, 
AVENUE,  as  outlined  in  green  on  the  AMENDED  plats 
accompanying  this  ordinance; 

by  changing  from  the  B-2-2  Zoning  District  to  the 
R-8-P  Zoning  District  the  property  bounded  on  the  south 
by  an  irregular  line  running  Im»  East  Street  easterly 
approximately  0  te  400  feet  north  e£  Boston  Street,  en  the 
west  by  East  Street,  en  the  north  by  an  irregular  line  *tm- 
ning  from  East  Street  easterly  approximately  0  te  200  feet 
couth  el  Toono  Street,  an4  en  the  east  fey  an  irregular  line 
punning  from  Toone  Street  southerly  approximately  0  te 
2m  feet  west  el  Highland  Avenue,  BOSTON  STREET, 
ON  THE  WEST  BY  EAST  AVENUE,  ON  THE  NORTH 
BY  TOONE  STREET,  AND  ON  THE  EAST  BY  CLIN- 
TON STREET  as  outlined  in  red  on  the  AMENDED  plats 
accompanying  this  ordinance;  BY  CHANGING  FROM 
THE  B-2-2  ZONING  DISTRICT  TO  THE  M-l-2  ZON- 
ING DISTRICT  THE  PROPERTY  BOUNDED  ON  THE 
SOUTH  BY  AN  IRREGULAR  LINE  RUNNING  FROM 
CLINTON  STREET  EASTERLY  APPROXIMATELY  0 
TO  190  FT.  NORTH  OF  BOSTON  STREET,  ON  THE 
WEST  BY  CLINTON  ST.,  ON  THE  NORTH  BY  AN 
IRREGULAR  LINE  RUNNING  FROM  CLINTON  ST. 
EASTERLY  APPROXIMATELY  130  TO  200  FT.  SOUTH 
OF  TOONE  ST.,  AND  ON  THE  EAST  BY  AN  IRREG- 
ULAR LINE  RUNNING  FROM  TOONE  ST.  SOUTH- 
ERLY APPROXIMATELY  0  TO  120  FT.  WEST  OF 
HIGHLAND  AVE.,  AS  OUTLINED  IN  BLUE  ON  THE 
AMENDED  PLATS  ACCOMPANYING  THIS  ORDI- 
NANCE and  by  changing  from  the  M-2-2  Zoning  District 
to  the  R  8  P  M-l-2  Zoning  District  the  property  bounded 
on  the  south  by  an  irregular  line  running  westerly  from 
Highland  Avenue  approximately  70  to  80  feet  north  of 
Boston  Street,  on  the  west  by  a  line  running  northerly  from 


ORDINANCES  365 

a  point  approximately  70  feet  north  of  Boston  Street 
approximately  110  feet  east  of  Clinton  Street,  on  the  north 
by  a  line  running  westerly  from  Highland  Avenue  approxi- 
mately 300  feet  south  of  Toone  Street,  and  on  the  east 
by  Highland  Avenue,  as  outlined  in  purple  GOLD  on  the 
AMENDED  plats  accompanying  this  ordinance. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  April  28,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  707 
(Council  No.  1440) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Charter, 
all  of  the  interest  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  that  parcel  of  land  and  improvements 
known  as  No.  2721  Rayner  Avenue,  Baltimore,  Maryland, 
said  property  being  no  longer  needed  for  public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or 
private  sale  in  accordance  with  Article  V,  Section  5(b) 
of  the  City  Charter,  all  of  the  interest  of  the  Mayor  and 
City  Council  of  Baltimore  in  and  to  that  parcel  of  land 
situate  in  Baltimore,  Maryland,  and  described  as  follows: 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  south  side  of  Rayner  Avenue,  as  now 
laid  out  66  feet  wide,  and  the  west  side  of  Ashburton  Street, 
as  now  laid  out  66  feet  wide  in  accordance  with  Ordinance 
No.  492,  approved  November  16,  1925,  authorizing  the 
acquisition  of  properties  by  purchase  or  condemnation  for 
the  opening  of  Ashburton  Street,  and  running  thence  bind- 
ing on  the  west  side  of  said  Ashburton  Street,  South  02°- 


366  ORDINANCES  Ord.  No.  708 

22'-00"  East  130.0  feet  to  the  north  side  of  a  17.75  foot  alley ; 
thence  binding  on  the  north  side  of  said  alley  and  reversely 
on  part  of  the  second  line  of  the  first  parcel  of  land  con- 
veyed by  the  Fidelity  Trust  Company  and  George  A.  Foos 
to  the  Mayor  and  City  Council  of  Baltimore  by  deed  dated 
July  29,  1930  and  recorded  among  the  Land  Records  of 
Baltimore  City  in  Liber  S.C.L.  No.  5146,  Folio  244,  to  the 
beginning  thereof,  Westerly  3.70  feet;  thence  binding  re- 
versely on  the  first  line  of  the  first  parcel  of  land  as  de- 
scribed in  said  deed,  Northerly  130  feet  to  the  south  side 
of  said  Rayner  Avenue  and  thence  binding  on  the  south 
side  of  said  Rayner  Avenue,  and  reversely  on  part  of  the 
last  line  of  the  first  parcel  of  land  described  in  said  deed, 
Easterly  4.33  feet  to  the  place  of  beginning.  Containing 
522.0  square  feet  or  0.012  acre  of  land,  more  or  less.  The 
improvements  thereon  being  known  as  No.  2721  Rayner 
Avenue. 

Said  property  being  no  longer  needed  for  public  use. 

SEC.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall 
have  been  first  approved  by  the  City  Solicitor. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  April  28,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  708 
(Council  No.  1292) 

An  Ordinance  to  amend  Sheet  No.  35  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning/'  (Ordinance  No.  1061,  approved 
April  20,  1971)  by  changing  from  the  R-9  Zoning  Dis- 
trict to  the  B-2-2  Zoning  District  the  properties  generally 
known  as  2701  and  2703  Miles  Avenue,  as  outlined  in 
red  on  the  plats  accompanying  this  ordinance. 


ORDINANCES  367 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  35  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning,"  (Ordinance  No.  1061,  approved  April 
20,  1971)  be  and  they  are  hereby  amended  by  changing 
from  the  R-9  Zoning  District  to  the  B-2-2  Zoning  District 
the  properties  generally  known  as  2701  and  2703  Miles 
Avenue,  as  outlined  in  red  on  the  plats  accompanying  this 
ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following:  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development  and  the 
Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  May  8,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  709 
(Council  No.  422) 

An  Ordinance  to  add  new  Section  14A  to  Article  1  of  the 
Baltimore  City  Code  (1966  Edition),  title  "Mayor,  City 
Council  and  Municipal  Agencies/*  to  come  under  the  new 
subtitle  "City  Journal,"  requiring  the  Director  of  Finance 
to  publish  a  municipal  journal  containing  information 
on  the  business  of  the  city. 


368  ORDINANCES  Ord.  No.  710 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  14A  be  and  it  is  hereby 
added  to  Article  1  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Mayor,  City  Council  and  Municipal  Agencies," 
to  come  under  the  new  subtitle  "City  Journal,"  and  to  read 
as  follows : 

CITY  JOURNAL 
1UA. 

It  shall  be  the  duty  of  the  Director  of  Finance  to  publish 
at  least  once  a  month  an  official  City  Journal  which  shall 
contain  a  listing  of  bills  introduced  and  passed  by  the  City 
Council,  the  legal  advertising  &f  the  City,  a  schedule  of 
the  meetings  of  City  boards  and  commissions,  and  such 
LEGAL  ADVERTISING  AND  other  information  relating 
to  the  business  of  the  City  as  shall  be  determined  by  the 
City  Council  and  the  Board  of  Estimates.  The  City  Journal 
shall  be  published,  distributed,  and  sold  in  such  manner 
and  on  such  terms  as  the  Council  and  the  Board  may 
determine.  No  unofficial  advertisements  shall  be  published 
in  the  City  Journal. 

SEC.  2.  AND  BE  IT  FURTHER  ORDAINED,  THAT 
THE  FIRST  ISSUE  OF  THE  CITY  JOURNAL  SHALL 
BE  PUBLISHED  IN  OCTOBER  43W,  JANUARY  1979. 

Sec.  2  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  January  ±  WVZ.  JULY  1,  1978. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  710 
(Council  No.  751) 

An  Ordinance  approving  a  renewal  plan  for  Inner  Harbor 
Project  I-A  for  the  area,  bounded  by  the  south  side  of 
Key  Highway,  the  east  side  of  Light  Street,  the  north 
side  of  East  Montgomery  Street,  to  the  easternmost  prop- 
erty lines  of  Number  717  through  709  Light  Street,  the 


ORDINANCES  369 

northernmost  property  lines  of  Number  102  through  240 
East  Montgomery  Street,  to  the  west  side  of  Battery 
Avenue;  providing  for  general  physical  improvement  in 
the  Inner  Harbor  Project  I-A  area  by  the  establishment 
of  standards  and  guidelines  for  exterior  rehabilitation  of 
existing  structures;  identification  of  certain  parcels  of 
land  for  redevelopment  and  the  harmonious  development 
thereof  in  accordance  with  standards  and  controls  estab- 
lished thereby ;  authorizing  under  certain  conditions,  the 
acquisition  by  purchase  or  by  condemnation  by  the 
Mayor  and  City  Council  of  Baltimore  for  urban  renewal 
purposes  of  the  fee  simple  interest  or  any  lesser  interest 
in  and  to  certain  properties  or  portions  thereof  together 
with  the  improvements  thereon ;  providing  that  in  selling 
the  property  in  the  project  area,  the  Department  of 
Housing  and  Community  Development  shall  require  that 
the  developers  agree  in  writing  not  to  discriminate  in  the 
sale,  lease  or  occupancy  of  the  property  developed  by 
them,  against  any  person  because  of  race,  color,  religion, 
sex  or  national  origin ;  waiving  such  requirements,  if  any, 
as  to  the  content  of  or  of  procedure  for  the  preparation, 
adoption  and  approval  of  renewal  plans  as  set  forth  in 
Ordinance  No.  152  as  approved  June  28,  1968  which  the 
renewal  plan  for  Inner  Harbor  Project  I-A  may  not  meet; 
providing  for  the  separability  of  various  parts  and  appli- 
cations of  this  ordinance;  negating  intention  of  enact- 
ment of  zoning  ordinance ;  providing  penalty  for  violation 
hereof ;  and  providing  for  the  effective  date  hereof. 

Whereas,  the  Inner  Harbor  Project  I-A  lies  within  the 
Downtown  Urban  Renewal  Area  as  designated  by  Ordi- 
nance No.  1210,  approved  January  24,  1958,  as  amended  by 
Ordinance  1586,  approved  July  9, 1958 ;  and 

Whereas,  under  Ordinance  No.  152,  approved  July  28, 
1968,  the  Department  of  Housing  and  Community  Devel- 
opment was  authorized  to  prepare  and  administer  Renewal 
Plans  in  Renewal  Areas ;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  Renewal  Plan  for  Inner  Harbor 
Project  I-A  bounded  by  the  south  side  of  Key  Highway, 
the  east  side  of  Light  Street,  the  north  side  of  East  Mont- 
gomery Street,  to  the  easternmost  property  lines  of  Nos. 


370  ORDINANCES  Ord.  No.  710 

717  through  709  Light  Street,  the  northernmost  property 
lines  of  Nos.  102  through  240  East  Montgomery  Street,  to 
the  west  side  of  Battery  Avenue.  Said  Renewal  Plan  consist- 
ing of  44  12  pages,  Exhibits  "A"  through  ii©Jl  "E"  and  Ap- 
pendix A ;  and 

Whereas,  the  Renewal  Plan  for  Inner  Harbor  Project  I-A 
was  approved  as  a  Renewal  Plan  by  the  Planning  Com- 
mission of  Baltimore  City  on  December  9,  1976  and  was 
approved  and  recommended  to  the  City  Council  by  the 
Commissioner  of  the  Department  of  Housing  and  Commu- 
nity Development ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Renewal  Plan  for  Inner  Harbor 
Project  I-A  identified  as  "Inner  Harbor  Project  I-A  Re- 
newal Plan",  having  been  duly  reviewed  and  considered, 
is  hereby  approved  and  the  Clerk  of  the  City  Council  is 
hereby  directed  to  file  a  copy  of  said  Renewal  Plan  with  the 
Department  of  Legislative  Reference  as  a  permanent  rec- 
ord and  make  same  available  for  public  inspection  and  in- 
formation. 

Sec.  2.  And  be  it  further  ordained,  that  it  may  be  neces- 
sary, under  the  conditions  hereinafter  set  forth  and  as  set 
forth  in  the  said  Urban  Renewal  Plan,  to  acquire  by  pur- 
chase or  by  condemnation  for  Urban  Renewal  purposes  of 
clearance  or  rehabilitation,  the  fee  simple  interest  or  any 
lesser  interest  in  and  to  certain  parcels  of  land  and  improve- 
ments thereon  situate  in  Baltimore  City,  Maryland  as  may  be 
deemed  necessary  and  proper  by  the  Department  of  Hous- 
ing and  Community  Development  (hereinafter  referred  to 
as  "Department")  to  effect  proper  implementation  of  the 
Project,  within  the  area  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  south  side  of  Key  Highway,  as  now  laid  out 
varying  in  width  and  the  west  side  of  Battery  Avenue,  as 
now  laid  out  varying  in  width,  and  running  thence  binding 
on  the  west  side  of  said  Battery  Avenue,  Southerly  40  feet, 
more  or  less,  to  the  south  side  of  an  alley,  varying  in  width 
from  a  width  of  10  feet  to  a  width  of  4  feet,  laid  out  in  the 
rear  of  the  properties  known  as  Nos.  240  through  and  in- 
cluding 202  Montgomery   Street;  thence  binding  on  the 


ORDINANCES  371 

south  side  of  said  alley,  Westerly  300  feet,  more  or  less,  to 
the  northwest  corner  of  the  property  known  as  No.  202 
Montgomery  Street;  thence  binding  on  the  west  outline  of 
last  said  property,  Southerly  18  feet,  more  or  less,  to  the 
northeast  corner  of  the  property  known  as  No.  200-200% 
Montgomery  Street;  thence  binding  on  the  north  outline 
of  last  said  property,  Westerly  30  feet,  more  or  less,  to  the 
east  side  of  William  Street,  as  now  laid  out  82.5  feet  wide ; 
thence  by  a  straight  line  crossing  said  William  Street, 
Westerly  83  feet,  more  or  less,  to  the  northeast  corner  of 
the  property  known  as  No.  132  Montgomery  Street ;  thence 
binding  in  part  on  the  north  outline  of  last  said  property, 
in  part  on  the  north  outline  of  the  property  known  as  No. 
130  Montgomery  Street,  and  in  all  along  the  south  side  of  a 
4  foot  alley  laid  out  60.33  feet  north  of  Montgomery 
Street,  Westerly  45  feet,  more  or  less,  to  the  east  outline 
of  the  property  known  as  No.  128  Montgomery  Street; 
thence  binding  on  the  east  outline  of  last  said  property, 
northerly  19  feet,  more  or  less,  to  the  northeast  corner  of 
last  said  property;  thence  binding  on  the  north  outline  of 
last  said  property  and  on  the  north  outline  of  the  property 
known  as  No.  126  Montgomery  Street,  Westerly  21  feet, 
more  or  less,  to  the  east  outline  of  the  property  known  as 
No.  122-124  Montgomery  Street ;  thence  binding  on  the  east, 
north  and  west  outlines  of  last  said  property  the  three  fol- 
lowing courses  and  distances;  namely,  Northerly  22  feet, 
more  or  less,  Westerly  33  feet,  more  or  less,  and  Southerly 
25  feet,  more  or  less,  to  the  northeast  corner  of  the  prop- 
erty known  as  No.  120  Montgomery  Street ;  thence  binding 
on  the  north  outlines  of  the  properties  known  as  Nos.  120 
through  and  including  102  Montgomery  Street,  Westerly 
174  feet,  more  or  less,  to  the  northwest  corner  of  the  prop- 
erty known  as  No.  102  Montgomery  Street ;  thence  binding 
on  the  west  outline  of  last  said  property,  Southerly  78  feet, 
more  or  less,  to  the  north  side  of  Montgomery  Street,  as 
now  laid  out  82.5  feet  wide;  thence  binding  on  the  north 
side  of  said  Montgomery  Street,  Westerly  55  feet,  more  or 
less,  to  the  northeast  corner  of  said  Montgomery  Street  and 
Light  Street;  thence  binding  on  the  east  side  of  Light 
Street,  as  now  laid  out  82.5  feet  wide,  Northerly  154  feet, 
more  or  less,  to  the  southeast  corner  of  said  Key  Highway 
and  said  Light  Street;  thence  binding  on  the  south  side  of 
said  Key  Highway,  Easterly  330  feet,  more  or  less,  to  the 


372  ORDINANCES  Ord.  No.  710 

southwest  corner  of  said  Key  Highway  and  said  William 
Street;  thence  by  a  straight  line  crossing  said  William 
Street,  Southeasterly  92  feet,  more  or  less,  to  the  southeast 
corner  of  said  Key  Highway  and  said  William  Street  and 
thence  binding  on  the  south  side  of  said  Key  Highway, 
Easterly  330  feet,  more  or  less,  to  the  place  of  beginning. 

Seer  St  And  he  it  further  ordained^  that  in  ordor  to 
attain  the  Urban  Ronowal  objoctivos  an4  Land  Use  Plan 
under  tfre  Inner  Harbor  Project  J-A  Plan  as  delineated  i» 
Sections  U  a»4  Q  thereof,  the  following  actions  may  be 
taken; 

ar  To  assure  harmonious  development  an4  rohabilita- 
tioxx  within  fe^ep  Harbor  Project  i-A^-  There  shall  be4 

44)-  P]an  review  by  the  Department  of  all  new  construc- 
tion, (including  parking  areas,  if  any)  exterior  rehabilita- 
tion, domoMtion  Q¥  a^iy  exterior  change  e*  anv  kind,  in- 
cluding  signs  an4  lighting,  to  determine  if  s«eh  plans  ape 
consistent  with  the  objectives  an4  requirements  of  the 
Ronowal  Plan, 

4H±  All  ^ew  construction  in  the  area  to  bocomo  avail- 
able fop  further  4evelopment  should  be  accomplished  m 
accordance  with  standards  an4  controls  a^4  plan  review 
procedures  of  the  Department  ostablishod  under  the  Urban 
Ronowal  Plan* 

4iii)-    All    voluntary    exterior    rehabilitation    required 
within  -Inner  Harbor  Project  J-A  of  sai4  Ronowal  Plan  shall 
be  in  accordance  with  the  Extorior  Rehabilitation  Guido- 
IhxOSt  Guidelines  fo*  Exterior  Signs  a»4  Lighting  Guido 
lines  contained  m  Appondix  A  of  the  Ronowal  Plan. 

4iv4     Review  of  plans  an4  specifications  an4  the  deter 
mination  by  the  Department  that  the  proposed  work  is 
consistent  with  the  requirements  an4  objoctivos  of  the  Re- 
newal Plan  shall  be  a  condition  procodont  to  the  issuanco 
of  a  Building  Permit 

4v-)-     ¥he  Extorior  Rehabilitation  Guidelines,  the  Guide- 
lines fop  Extorior  Signs  an4  Lighting  Guidelines  contained 
in-  Appendix  A  of  the  Ronowal  Plan  a^e  eve*  an4  above 
the  codes  an4  ordinances  of  the  City  of  Baltimore,  (Ordi 
nance  Nor  £2  approved  Juno  40r  1968,  Articlo  &  of  the 


ORDINANCES  373 

Baltimore  City  Ced^  title  ^Fi^e  feovontion,"  A^tiele  SO  of 
the  Baltimore  €ity  Geder  title  "Zoning,"  Articlo  32  of  the 
Baltimore  Gity  God^  title  '-'Building  Regulations^  approvod 
Ap*4i  4r  1966),  all  as  amondod  to  date  op  as  may  sufe- 
sequently  fee  amondod. 

SEC.  3.  AND  BE  IT  FURTHER  ORDAINED,  THAT  IN 
ORDER  TO  ATTAIN  THE  URBAN  RENEWAL  OBJEC- 
TIVES AS  DELINEATED  IN  THE  INNER  HARBOR 
PROJECT  I-A  PLAN  THE  FOLLOWING  ACTIONS  MAY 
BE  TAKEN : 

A.  TO  ASSURE  HARMONIOUS  DEVELOPMENT 
AND  REHABILITATION  WITHIN  INNER  HARBOR 
PROJECT  I-A ;  THERE  SHALL  BE  : 

(I)  PLAN  REVIEW  BY  THE  DEPARTMENT  OF 
ALL  NEW  CONSTRUCTION,  (INCLUDING  PARKING, 
IF  ANY)  REHABILITATION,  DEMOLITION,  CHANGE 
OF  USE,  OR  EXTERIOR  CHANGE  OF  ANY  KIND  IN- 
CLUDING SIGNS  AND  LIGHTING  TO  DETERMINE  IF 
SUCH  PLANS  OR  USES  ARE  CONSISTENT  WITH  THE 
OBJECTIVES  AND  REQUIREMENTS  OF  THE  RE- 
NEWAL PLAN. 

(II)  A  REQUIREMENT  THAT  ALL  PROPERTIES  BE 
REHABILITATED  IN  ACCORDANCE  WITH  THE 
CODES  AND  ORDINANCES  OF  BALTIMORE  CITY 
AND  THE  REHABILITATION  STANDARDS  CON- 
TAINED IN  APPENDIX  A  OF  THE  URBAN  RENEWAL 
PLAN. 

(III)  REVIEW  OF  PLANS  AND  SPECIFICATIONS 
AND  THE  DETERMINATION  BY  THE  DEPARTMENT 
THAT  THE  PROPOSED  WORK  IS  CONSISTENT  WITH 
THE  REQUIREMENTS  AND  OBJECTIVES  OF  THE 
RENEWAL  PLAN  SHALL  BE  A  CONDITION  PRECE- 
DENT TO  THE  ISSUANCE  OF  A  BUILDING  PERMIT. 

(IV)  A  PROHIBITION  OF  VERTICAL  EXPANSION 
OF  EXISTING  STRUCTURES  EXCEPT  WHERE  A 
BUILDING  PERMIT  FOR  SUCH  EXPANSION  HAS 
BEEN  ISSUED  PRIOR  TO  MARCH  15,  1978. 

(V)  THE  LAND  USE  PROVISIONS  CONTAINED  IN 
SECTION  C  OF  THE  RENEWAL  PLAN  AND  ON  EX- 


374  ORDINANCES  Ord.  No.  710 

HIBIT  C  THEREIN,  AND  THE  EXTERIOR  REHABILI- 
TATION STANDARDS  CONTAINED  IN  APPENDIX  A 
OF  THE  RENEWAL  PLAN  ARE  OVER  AND  ABOVE 
THE  CODES  AND  ORDINANCES  OF  THE  CITY  OF 
BALTIMORE.  (ARTICLE  9,  TITLE  "FIRE  DEPART- 
MENT AND  FIRE  CODE";  ARTICLE  30,  TITLE  "ZON- 
ING CODE";  ARTICLE  32,  TITLE  "BUILDING  REGU- 
LATIONS"; OF  THE  BALTIMORE  CITY  CODE  (1976 
EDITION).  AS  AMENDED  TO  DATE  OR  AS  MAY  BE 
SUBSEQUENTLY  AMENDED.) 

b.  To  acquire  by  purchase  or  by  condemnation,  for 
urban  renewal  purposes,  the  fee  simple  interest  or  any 
lesser  interest  in  and  to  such  of  the  properties  or  portions 
thereof  in  the  Inner  Harbor  Project  I-A  as  may  be  deemed 
necessary  and  proper  by  the  Commissioner  to  effect  the 
proper  implementation  of  the  Renewal  Plan.  This  may  in- 
clude: 

•(*)■  Afiy  property  m  the  project  agea  containing  a  aoa- 
salvablo  structure,  iro^  a  structure  which,  i»  the  opinion 
of  the  Commissioner  of  the  Dopartmont  of  Housing  a&4 
Community  Development,  cannot  bo  oconomicalty  rehabil- 
itated, 

4«-)-  A»y  property  i»  the  Inner  Harbor  Projoct  J-A 
which  the  owner  intends  to  alter,  rehabilitate  op  domolish 
m  a  manner  »ot  i»  substantial  conformity  with  aii  *o- 
hnbilitation  guidelines  sot  forth  m  Appendix  ^A^  os  the 
other  objectives  of  the  Ronowal  Plan. 

(I)  ANY  PROPERTY  IN  THE  PROJECT  AREA 
CONTAINING  A  NON-SALVABLE  STRUCTURE,  I.E., 
A  STRUCTURE  WHICH  IN  THE  OPINION  OF  THE 
COMMISSIONER  OF  THE  DEPARTMENT  OF  HOUS- 
ING AND  COMMUNITY  DEVELOPMENT  CANNOT  BE 
ECONOMICALLY  REHABILITATED. 

(II)  ANY  PROPERTY  THE  OWNER  OF  WHICH  IS 
UNABLE  OR  UNWILLING  TO  COMPLY  OR  CONFORM 
TO  THE  CODES  AND  ORDINANCES  OF  BALTIMORE 
CITY  WITHIN  12  MONTHS  FROM  THE  DATE  OF 
WRITTEN  NOTICE  OF  THE  REQUIRED  IMPROVE- 
MENTS, THE  DEPARTMENT  OF  HOUSING  AND  COM- 
MUNITY DEVELOPMENT,  AFTER  DUE   CONSIDER- 


ORDINANCES  375 

ATION  THAT  THE  PROPERTY  OWNER  HAS  FAILED 
TO  ACHIEVE  SUBSTANTIAL  CONFORMITY  WITH 
THE  CODES  AND  ORDINANCES  OF  BALTIMORE  CITY 
MAY  ACQUIRE  SUCH  PROPERTY  PURSUANT  TO 
THE  EMINENT  DOMAIN  LAW  OF  THIS  STATE  AS  IF 
THE  PROPERTY  HAS  ORIGINALLY  BEEN  PLANNED 
FOR  ACQUISITION  AFTER  90  DAYS  WRITTEN  NO- 
TICE TO  THE  OWNER.  THE  DEPARTMENT  OF  HOUS- 
ING AND  COMMUNITY  DEVELOPMENT  RESERVES 
THE  RIGHT  TO  ACQUIRE  ANY  SUCH  NON-COMPLY- 
ING PROPERTY  FOR  A  PERIOD  OF  TWO  (2)  YEARS 
FROM  THE  DATE  OF  SAID  WRITTEN  90  DAYS  NO- 
TICE BY  THE  DEPARTMENT  OF  HOUSING  AND  COM- 
MUNITY DEVELOPMENT. 

(Ill)  ALL  APPLICATIONS  FOR  DEMOLITION 
PERMITS  SHALL  BE  SUBMITTED  TO  THE  DEPART- 
MENT OF  HOUSING  AND  COMMUNITY  DEVELOP- 
MENT FOR  REVIEW  AND  APPROVAL.  UPON  FIND- 
ING THAT  THE  PROPOSED  DEMOLITION  IS  CON- 
SISTENT WITH  THE  OBJECTIVES  OF  THE  URBAN 
RENEWAL  PLAN,  THE  COMMISSIONER  OF  THE  DE- 
PARTMENT OF  HOUSING  AND  COMMUNITY  DEVEL- 
OPMENT SHALL  AUTHORIZE  THE  ISSUANCE  OF 
THE  NECESSARY  PERMIT.  IF  THE  COMMISSIONER 
FINDS  THAT  THE  PROPOSAL  IS  INCONSISTENT 
WITH  THE  OBJECTIVES  OF  THE  URBAN  RENEWAL 
PLAN  AND  THEREFORE  DENIES  THE  ISSUANCE  OF 
THE  PERMIT,  HE  SHALL,  WITHIN  90  DAYS  OF  SUCH 
DENIAL,  SEEK  APPROVAL  OF  THE  BOARD  OF  ESTI- 
MATES TO  ACQUIRE  FOR  AND  ON  BEHALF  OF  THE 
MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE,  THE 
PROPERTY,  IN  WHOLE  OR  IN  PART,  ON  WHICH 
SAID  DEMOLITION  WAS  TO  HAVE  OCCURRED,  BY 
PURCHASE  LEASE,  CONDEMNATION,  GIFT  OR 
OTHER  LEGAL  MEANS  FOR  THE  RENOVATION,  RE- 
HABILITATION AND  DISPOSITION  THEREOF.  IN 
THE  EVENT  THAT  THE  BOARD  OF  ESTIMATES 
DOES  NOT  AUTHORIZE  THE  ACQUISITION,  THE 
COMMISSIONER  SHALL,  WITHOUT  DELAY,  ISSUE 
THE  DEMOLITION  PERMIT. 

(c)     In  addition  to,  and  not  in  place  of,  the  remedy  of 
acquisition  by  purchase  or  condemnation  of  non-complying 


376  ORDINANCES  Ord.  No.  710 

properties,  the  Department  may  correct  code  violations  and 
place  a  lien  against  the  property  in  accordance  with  the 
provisions  of  Section  303  of  the  Housing  Code  of  Baltimore 
City  as  adopted  by  Ordinance  902,  approved  December  22, 
1966. 

(d)  Upon  acquisition  of  properties  by  the  Department 
as  herein  provided,  the  Department  shall : 

(i)  Rehabilitate  the  property  in  conformance  with  the 
codes  and  ordinances  of  the  City  and  the  rehabilitation 
standards  and  objectives  set  forth  in  the  Renewal  Plan 
and  dispose  of  property  at  its  fair  value  in  accordance 
with  applicable  regulations.  If  sale  cannot  be  consummated 
by  the  time  rehabilitation  is  accomplished,  the  property 
may  be  rented  pending  continuing  sale  efforts ;  or, 

(ii)  Sell  or  lease  the  property  subject  to  rehabilitation 
and/or  maintenance  in  conformance  with  the  codes  and 
ordinances  of  Baltimore  City  and  the  rehabilitation  stan- 
dards and  objectives  set  forth  in  the  Renewal  Plan;  or 

(iii)  Demolish  the  structure  or  structures  thereon  and 
dispose  of  land  for  redevelopment  at  its  fair  value  for  uses 
consistent  with  the  Renewal  Plan ;  or 

(iv)  Devote  the  property  and /or  structures  to  a  public 
use  consistent  with  the  Renewal  Plan. 

(E)  TO  PLACE  REGULATIONS,  CONTROLS  AND 
RESTRICTIONS  BY  COVENANTS  OR  OTHER  PROVI- 
SIONS IN  THE  AGREEMENTS  FOR  LAND  DISPOSI- 
TION AND  INSTRUMENTS  OF  CONVEYANCE  EXE- 
CUTED PURSUANT  THERETO. 

SEC.  4.  And  be  it  farther  ordained,  that  a4i  THE  Exterior 
Rehabilitation  Guidolinos,  Guidelines  £of  Exterior  Signs 
aft4  Lighting  Guidolinos  STANDARDS  for  Inner  Harbor 
Project  I- A  as  set  forth  in  Appendice  "A"  are  hereby 
adopted. 

Sec.  5.  And  be  it  further  ordained,  that  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comp- 
troller, or  such  person  or  persons  and  in  such  manner 
as  the  Board  of  Estimates,  in  the  exercise  of  the  power 
vested  in  it  by  Article  V,  Section  5,  of  the  Baltimore  City 


ORDINANCES  377 

Charter,  may  hereafter  from  time  to  time  designate,  is  or 
are  authorized  to  acquire  on  behalf  of  the  Mayor  and  City 
Council  of  Baltimore  and  for  the  purposes  described  in 
this  ordinance,  the  fee  simple  interest  or  any  lesser  interest 
in  and  to  the  properties  or  portions  thereof  hereinabove 
mentioned.  If  the  said  Real  Estate  Acquisition  Division  of 
the  Department  of  the  Comptroller,  or  such  person  or 
persons,  and  in  such  manner  as  the  Board  of  Estimates,  in 
the  exercise  of  the  power  vested  in  it  by  Article  V,  Section 
5,  of  the  Baltimore  City  Charter,  may  hereafter  from  time 
to  time  designate,  is  or  are  unable  to  agree  with  the  owner 
or  owners  on  the  purchase  price  for  said  properties  or 
portions  thereof,  it  or  they  shall  forthwith  notify  the  City 
Solicitor  of  Baltimore  City,  who  shall  thereupon  institute 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore 
the  necessary  legal  proceedings  to  acquire  by  condemnation 
the  fee  simple  interest  or  any  lesser  interest  in  and  to 
said  properties  or  portions  thereof. 

Sec.  6.  And  be  it  further  ordained,  that  in  selling  or 
otherwise  disposing  of  the  property  in  the  Inner  Harbor 
Project  I-A,  the  Department  of  Housing  and  Community 
Development  shall  require  that  developers  agree  in  writing 
not  to  discriminate  in  the  sale,  lease,  use  or  occupancy  of 
the  property  developed  by  them  against  any  person  because 
of  race,  color,  religion,  sex  or  national  origin. 

Sec.  7.  And  be  it  further  ordained,  that  in  whatever 
respect,  if  any,  the  Renewal  Plan  approved  hereby  for 
Inner  Harbor  Project  I-A,  may  not  meet  the  requirements 
as  to  the  content  of  a  Renewal  Plan  or  the  procedure  for 
the  preparation,  adoption,  and  approval  of  Renewal  Plans 
as  provided  in  Ordinance  No.  152,  approved  June  28,  1968, 
the  said  requirements  are  hereby  waived  and  the  Renewal 
Plan  approved  hereby  is  exempted  therefrom. 

Sec.  8.  And  be  it  further  ordained,  that  in  the  event  it 
be  judicially  determined,  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  hereby,  the  Mayor  and   City  Council  hereby 


378  ORDINANCES  Ord.  No.  710 

declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  of  the  applica- 
tion thereof  so  held  invalid. 

Sec.  9.  And  be  it  further  ordained,  that  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning,  build- 
ing, electrical,  plumbing,  health,  fire,  safety,  or  other  ordi- 
nance, code  or  regulation,  the  applicable  provisions  con- 
cerned shall  be  construed  so  as  to  give  effect  to  each; 
provided,  however,  that  if  such  provisions  are  found  to 
be  in  irreconcilable  conflict,  the  provision  which  establishes 
the  higher  standard  for  the  promotion  of  the  public  health 
and  safety  shall  prevail.  In  any  case  where  a  provision 
or  this  ordinance  is  found  to  be  in  conflict  with  an  existing 
provision  of  any  other  ordinance  or  code  or  regulation  in 
force  in  the  City  of  Baltimore  which  establishes  a  lower 
standard  for  the  promotion  and  protection  of  the  public 
health  and  safety,  the  provision  of  this  ordinance  or  code 
or  regulation  is  hereby  repealed  to  the  extent  that  it  may 
be  found  in  conflict  with  this  ordinance. 

Sec.  10.  And  be  it  further  ordained,  that  the  approval 
of  the  Renewal  Plan  for  Inner  Harbor  Project  I- A  by  this 
ordinance  shall  not  be  construed  as  an  enactment  of  such 
amendments  to  the  zoning  ordinances,  as  are  proposod  i» 
the  Renewal  Plan. 

Sec.  11.  And  be  it  further  ordained,  that  any  person 
violating  any  of  the  provisions  of  this  ordinance  shall  be 
guilty  of  a  misdemeanor  and  shall  be  subject  to  a  fine  not 
exceeding  One  Hundred  Dollars  ($100.00)  and  that  each 
day's  violation  shall  constitute  a  separate  offense. 

Sec,  12.  And  be  it  further  ordained,  that  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  379 

No.   711 

(Council  No.  1208) 

An  Ordinance  to  repeal  and  reordain  with  amendments 
Ordinance  No.  432,  approved  July  25,  1977,  in  order  to 
make  certain  corrections  in  the  preamble. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Ordinance  No.  432,  approved  July  25, 
1977,  be  repealed  and  reordained  with  amendments  to  read 
as  follows : 

Whereas,  Article  41,  Sections  266J  and  266CC,  inclusive, 
of  the  Annotated  Code  of  Maryland,  as  amended,  created 
and  amended  the  Maryland  Industrial  Development  Financ- 
ing Authority,  hereinafter  called  "MIDFA,"  vested  in  it 
certain  powers  and  duties  in  connection  with  the  preserva- 
tion and  betterment  of  the  economy  of  the  State,  authorizes 
any  municipality  of  the  State  to  borrow  money  without 
pledging  its  full  faith  and  credit,  and  to  execute  a  mortgage 
as  security  therefore,  and  use  such  money  to  defray  the 
cost  of  acquiring  an  industrial  project,  including  land, 
buildings  and  equipment,  either  by  purchase  or  con- 
struction, after  the  adoption  of  an  ordinance  by  the  legis- 
lature of  the  municipality  to  do  so;  and 

Whereas,  the  money  appropriated  herein  represents  the 
proceeds  of  an  Industrial  Development  Loan  [fully]  guar- 
anteed in  part  by  the  Maryland  Industrial  Development  Fi- 
nancing Authority;  and 

Whereas,  Ordinance  US1,  approved  July  25, 1977  provides 
a  sum  of  money  not  to  exceed  Two  Hundred  Eighty-eight 
Thousand  and  Five  Hundred  Dollars  ($288,500)  for  the 
acquisition  and  improvement  of  various  properties  located 
in  Baltimore  City;  and 

Whereas,  Ordinance  US1,  approved  July  25,  1977  pro- 
vides for  the  leasing  of  the  aforementioned  property  to  the 
Hughes-Savanach  partnership  who  shall  sublease  the  prop- 
erty  to  Chemical  Specialties  Manufacturing  Company  to 
be  used  in  connection  with  its  business  operations;  and 

Whereas,  the  Industrial  Development  Loan  represents  a 
material  change  in  circumstances  since  the  adoption  of  the 
1976-77  Ordinance  of  Estimates;  and 


380  ORDINANCES  Ord.  No.  712 

Whereas,  the  supplementary  special  loan  fund  appro- 
priation ordained  herein  has  been  recommended  to  the  City 
Council  by  the  Board  of  Estimates,  said  recommendation 
having  been  made  at  a  regular  meeting  of  said  Board  held 
on  the  25th  day  of  May,  1977,  all  in  accordance  with  Article 
VI,  Section  2(h)  (3)  of  the  1964  revised  Charter  of  Bal- 
timore City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (3)  of  the  1964  revision  of  the  Charter  of  Bal- 
timore City,  the  sum  of  Two  Hundred  Eighty-eight  Thou- 
sand Five  Hundred  Dollars  ($288,500)  shall  be  made 
available  to  the  Department  of  Housing  and  Community 
Development  of  the  City  of  Baltimore  as  a  supplementary 
teyq-£?ai4  ft  copv  of  the  ordinance  a^4  one  of  the  plats  to  tke 
SPECIAL  LOAN  FUND  APPROPRIATION  FOR  THE 
FISCAL  YEAR  ENDING  June  30,  1977  for  the  purpose 
of  acquiring  and  improving  various  properties  located  in 
Baltimore  City.  The  amount  thus  made  available  as  a  sup- 
plementary special  loan  fund  appropriation  shall  be  ex- 
pended from  an  Industrial  Development  Loan  and  shall  be 
the  source  of  revenue  for  this  supplementary  special  loan 
fund  appropriation,  as  required  by  Article  VI,  Section 
2(h)  (3)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  712 
(Council  No.  1441) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Charter, 
all  of  the  interest  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  that  parcel  of  land  being  the  western- 


ORDINANCES  381 

most  eighty  feet  of  that  lot  of  ground  and  premises 
known  or  formerly  known  as  No.  2801  Hudson  Street, 
said  property  being  no  longer  needed  for  public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or 
private  sale  in  accordance  with  Article  V,  Section  5(b)  of 
the  City  Charter,  all  of  the  interest  of  the  Mayor  and  City 
Council  of  Baltimore,  in  and  to  that  parcel  of  land  being 
the  westernmost  eighty  (80)  feet  of  that  lot  of  ground 
and  premises  known  or  formerly  known  as  No.  2801  Hudson 
Street,  and  described  as  follows,  said  property  being  no 
longer  needed  for  public  use: 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  south  side  of  Hudson  Street,  as  now  laid 
out  70  feet  wide,  and  the  east  side  of  Kenwood  Avenue, 
as  now  laid  out  70  feet  wide,  said  point  of  beginning  being 
the  beginning  of  the  parcel  of  land  conveyed  by  The  Canton 
Co.  to  the  Mayor  and  City  Council  of  Baltimore  by  deed 
dated  August  1,  1968,  and  recorded  among  the  Land  Rec- 
ords of  Baltimore  City  in  Liber  R.H.B.  No.  2456,  Folio 
624,  and  running  thence  binding  on  the  south  side  of  said 
Hudson  Street  and  on  part  of  the  first  line  of  the  parcel 
of  land  described  in  said  deed,  there  situate,  as  now  sur- 
veyed, North  87°-06'-30"  East  80.00  feet  to  the  end  of  the 
third  line  of  the  parcel  of  land  conveyed  by  the  Mayor  and 
City  Council  of  Baltimore  to  M  &  M  Properties  Partnership 
by  deed  dated  June  8,  1977  and  recorded  among  the  Land 
Records  of  Baltimore  City  in  Liber  R.H.B.  No.  3505, 
Folio  508; 

thence  binding  reversely  on  the  third  line  of  the  parcel  of 
land  described  in  last  said  deed,  South  02°-53'-30"  East 
80.00  feet  to  intersect  the  third  line  of  the  parcel  of  land 
described  in  the  deed  mentioned  firstly  herein;  thence 
binding  on  part  of  the  third  line  of  the  parcel  of  land  de- 
scribed in  the  deed  mentioned  firstly  herein,  to  the  end 
thereof,  as  now  surveyed,  South  87°-06'-30"  West  80.00  feet 
to  the  west  side  of  said  Kenwood  Avenue  and  running 
thence  binding  on  the  west  side  of  said  Kenwood  Avenue, 
and  on  the  last  line  of  the  parcel  of  land  described  in  the 
deed  mentioned  firstly  herein,  there  situate,  as  now  sur- 


382  ORDINANCES  Ord.  No.  713 

veyed,  North  02°-53'-30"  West  80.00  feet  to  the  place  of 
beginning. 

Containing  6400  square  feet  or  0.1469  acre  of  land,  more 
or  less. 

All  courses  and  distances  in  the  above  description  are 
referred  to  the  true  meridian  as  adopted  by  the  Baltimore 
Survey  Control  System. 

Being  lot  1  of  the  subdivision  of  that  parcel  of  land 
known  as  No.  2801  Hudson  Street,  Baltimore,  Maryland, 
shown  on  Plat  No.  308-A-7b  on  file  in  the  Office  of  the 
Director  of  Public  Works. 

Said  property  being  no  longer  needed  for  public  use. 

Sec.  2.  And  be  it  further  ordained,  That  this  sale  is 
subject  to  the  condition  that  the  architectural  plans  for 
development  on  said  subject  tract  be  submitted  to  the  Plan- 
ning Commission  for  review  and  approval  and  that  the 
Planning  Commission  shall  refer  said  plans  to  the  Design 
Advisory  Panel  of  the  Department  of  Housing  and  Com- 
munity Development  for  its  opinion.  The  Commission's 
decision  shall  be  based  on  the  advice  of  said  panel. 

Sec.  3.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  4.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  713 
(Council  No.  1446) 

An  Ordinance  to  add  a  new  section  1710  (o)  to  Article  32 
of  the  Baltimore  City  Code,  43SG  1976  Edition,  Building 
Regulations  Chapter  17,  fees  and  service  charges  where- 


ORDINANCES  383 

by  fees  and  service  charges  would  be  established  by  sedi- 
ment and  erosion  control. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Subsection  1710  (o)  be  and  the 
same  is  hereby  added  to  Article  32  of  the  Baltimore  City 
Code,  4d££  1976  Edition,  Title,  Building  Regulations, 
Chapter  17,  Fees  and  Service  Charges,  to  follow  immedi- 
ately after  Subsection  1710  (n)  and  to  read  as  follows: 

1710  (o)     Sediment  and  Erosion  Control 

$10.00  for  each  permit  plus  the  following  $  per  square 

Disturbed  Area  (square  feet)  feet  disturbed 

Up  to  and  including  5,000  $  .002 

5,001  to  and  including  15,000  .003 

15,001  and  over  .00  h 

Sec.  2.  And  be  it  further  ordained,  That  any  and  all 
public  local  laws  or  special  laws,  ordinances  or  resolutions, 
and  any  and  all  parts  of  any  public  local  laws  or  special 
laws,  ordinances  or  resolutions  inconsistent  with  any  of 
the  provisions  of  this  ordinance  are  hereby  repealed  to 
the  extent  of  any  such  inconsistency. 

Sec.  3.  And  be  it  further  ordained,  That  in  case  it  be 
judicially  determined  that  any  word,  phrase,  clause,  item, 
sentence,  paragraph  or  section  of  this  ordinance,  or  the 
application  thereof  to  any  person  or  circumstance,  is  in- 
valid, the  remaining  provisions  and  the  application  of  such 
provisions  to  other  persons  or  circumstances  shall  not  be 
affected  thereby,  the  Mayor  and  City  Council  hereby  de- 
claring that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
item,  sentence,  paragraph  or  section,  or  the  application 
thereof,  so  held  invalid. 

Sec.  4.  And  be  it  ordained,  That  this  ordinance  shall  take 
effect  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


384  ORDINANCES  Ord.  No.  714 

No.  714 
(Council  No.  1469) 

An  Ordinance  designating  as  a  "Renewal  Area",  an  area 
situate  in  Baltimore  City,  Maryland,  known  as  the  Wash- 
ington Boulevard  Business  Area,  bounded  generally  by 
Ramsay  Street  on  the  North,  Barre  Street  on  the  east, 
Carroll  Street  on  the  south  and  Wyeth  Street  on  the  west ; 
approving  a  renewal  plan  for  the  Washington  Boulevard 
Business  Area;  authorizing  the  acquisition  by  purchase 
or  by  condemnation  by  the  Mayor  and  City  Council  of 
Baltimore  for  urban  renewal  purposes  of  the  fee  simple 
interest  or  any  lesser  interest,  together  with  the  improve- 
ments thereon,  situate  in  Baltimore  City,  within  the 
Washington  Boulevard  Business  Area;  establishing  re- 
habilitation standards  for  all  non-residential  properties; 
providing  penalties  for  violating  these  rehabilitation 
standards;  providing  for  review  by  the  Department  of 
Housing  and  Community  Development  of  all  plans  for 
rehabilitation  or  new  construction  within  the  Washington 
Boulevard  Business  Area;  establishing  procedures  for 
issuance  and  denial  of  demolition  permits ;  providing  that 
in  selling  land  in  the  Washington  Boulevard  Business 
Area,  the  Department  of  Housing  and  Community  De- 
velopment shall  require  that  developers  agree  in  writing 
not  to  discriminate  in  the  sale,  lease,  use  or  occupancy 
of  the  property  developed  by  them  against  any  persons 
because  of  race,  creed,  color  or  national  origin;  pro- 
viding that  the  provisions  of  this  Ordinance  shall  apply 
only  to  properties  used,  in  whole  or  in  part,  for  commer- 
cial purposes  and  shall  not  apply  to  properties  used  solely 
for  residential  purposes;  waiving  such  requirements,  if 
any,  as  to  content  or  procedure  for  the  preparation, 
adoption  and  approval  of  renewal  plans  as  set  forth  in 
Ordinance  No.  152,  approved  June  28,  1968,  which  the 
renewal  plan  for  the  Washington  Boulevard  Business 
Area  may  not  meet ;  providing  for  the  separability  of  the 
various  parts  and  applications  of  this  ordinance;  pro- 
viding that  where  the  provisions  of  this  ordinance  shall 
conflict  with  any  other  ordinance,  code  or  regulation, 
the  provisions  which  establish  the  higher  standard  shall 
prevail,  and  providing  for  the  effective  date  hereof. 


ORDINANCES  385 

Whereas,  the  Department  of  Housing  and  Community 
Development  in  consultation  with  the  Director  of  the  De- 
partment of  Planning  acting  pursuant  to  powers  vested 
by  Section  23(a)  of  Article  13  of  the  Baltimore  City  Code 
(1966  Edition)  as  amended  by  Ordinance  No.  152,  approved 
June  28,  1968,  and  further  amended  by  Ordinance  325, 
approved  May  31,  1977,  has  heretofore  determined  that  the 
Washington  Boulevard  Business  Area,  as  hereinbelow  more 
particularly  described,  may  be  benefited  through  the  ex- 
ercise of  those  functions  and  powers  of  the  City  of  Baltimore 
which  are  more  vested  in  the  Department  of  Housing  and 
Community  Development  by  Ordinance  No.  152,  approved 
June  28,  1968,  and  has  recommended  to  the  City  Council 
that  an  ordinance  be  passed  to  designate  the  Washington 
Boulevard  Business  Area  as  a  "Renewal  Area" ;  and 

Whereas,  under  Ordinance  No.  152,  approved  June  28, 
1968,  the  Department  of  Housing  and  Community  Develop- 
ment is  authorized  to  prepare  and  administer  Renewal  Plans 
in  Renewal  Areas;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  Renewal  Plan  for  the  Wash- 
ington Boulevard  Business  Area,  consisting  of  a  cover  page, 
a  table  of  contents,  and  ten  (10)  pages  of  text  and  two  (2) 
exhibits  which  solely  intended  to  apply  to  properties  used 
for  commercial  purposes;  and 

Whereas,  the  Renewal  Plan  for  the  Washington  Boule- 
vard Business  Area  was  approved  by  the  Director  of 
the  Department  of  Planning  on  February  22,  1978, 
with  respect  to  its  conformity  as  to  the  Master  Plan; 
the  detailed  location  of  any  public  improvements  proposed 
in  the  Renewal  Plan ;  its  conformity  to  the  rules  and  regu- 
lations for  subdivisions;  and  all  zoning  changes  proposed 
in  the  Renewal  Plan,  and  the  Renewal  Plan  was  approved 
and  recommended  to  the  City  Council  by  the  Commissioner 
of  the  Department  of  Housing  and  Community  Develop- 
ment on  February  22,  1978,  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  hereby  found  and  determined  that 
the  Renewal  Area  known  as  the  Washington  Boulevard 
Business  Area,  as  hereinbelow  more  particularly  described, 


386  ORDINANCES  Ord.  No.  714 

may  be  benefited  through  the  exercise  of  the  functions  and 
powers  vested  in  the  Department  of  Housing  and  Com- 
munity Development. 

Sec.  2.  And  be  it  further  ordained,  That  the  said  Wash- 
ington Boulevard  Business  Area  is  more  particularly  de- 
scribed as  follows: 

Beginning  for  the  same  at  a  point  formed  by  the  inter- 
section of  the  Southern  right-of-way  line  of  Washington 
Boulevard  and  the  western  right-of-way  line  of  Wyeth 
Street ;  thence  running  in  a  northerly  direction  and  binding 
on  an  extended  line  of  the  western  right-of-way  line  of 
Wyeth  Street  to  a  point  of  intersection  with  the  northern 
right-of-way  line  of  Washington  Boulevard;  thence  run- 
ning in  an  easterly  direction  and  binding  on  the  northern 
right-of-way  line  of  Washington  Boulevard  to  a  point  of 
intersection  with  the  western  property  line  of  Lot  3,  Ward 
21,  Section  2,  Block  847-B;  thence  running  in  a  northerly 
direction  and  binding  on  the  western  property  line  of  Lot 
3,  Ward  21,  Section  2,  Block  847-B  to  a  point  of  intersection 
with  the  southern  right-of-way  line  of  Clifford  Street; 
thence  binding  on  the  southern  right-of-way  line  of  Clifford 
Street ;  as  extended  easterly,  to  a  point  of  intersection  with 
the  eastern  right-of-way  line  of  Scott  Street;  thence  run- 
ning in  a  northerly  direction  and  binding  on  the  eastern 
right-of-way  line  of  Scott  Street  to  a  point  of  intersection 
with  the  southern  right-of-way  line  of  the  first  4-foot  alley ; 
thence  running  in  an  easterly  direction  and  binding  on  the 
southern  right-of-way  line  of  the  first  4-foot  alley  to  a 
point  of  intersection  with  the  western  property  line  of  lot 
25,  Ward  21,  Section  13,  Block  848;  thence  binding  on 
said  western  property  line,  the  northern  lot  lines  of  Lots 
25,  26,  27  and  28/32,  and  the  eastern  property  line  of 
Lot  28/32,  all  in  Ward  21,  Section  13,  Block  848,  northerly, 
easterly  and  southerly  to  a  point  of  intersection  with  an 
extended  line  of  the  southern  right-of-way  line  of  Clifford 
Street,  westerly  from  West  Barre  Street;  thence  running 
in  an  easterly  direction  and  binding  on  said  extended  line 
and  the  southern  right-of-way  line  of  Clifford  Street  to  a 
point  of  intersection  with  the  western  right-of-way  line 
of  West  Barre  Street;  thence  running  in  a  southerly  and 
southeasterly  direction  and  binding  on  the  western  right- 


ORDINANCES  387 

of -way  line  of  West  Barre  Street  to  a  point  of  intersection 
with  the  southern  property  line  of  Lot  51,  Ward  21,  Section 
13,  Block  852;  thence  running  in  a  westerly  direction  and 
binding  on  the  southern  property  line  of  Lot  51,  Ward  21, 
Section  13,  Block  852  to  a  point  of  intersection  with  the 
western  property  line  of  Lot  51,  Ward  21,  Section  13, 
Block  852;  thence  running  in  a  northerly  direction  and 
binding  on  the  western  property  line  of  Lot  51,  Ward  21, 
Section  13,  Block  852  to  a  point  of  intersection  with  the 
southern  right-of-way  line  of  Eislen  Street; 
thence  running  in  a  westerly  direction  and  binding  on  the 
southern  right-of-way  line  of  Eislen  Street  to  a  point  of 
intersection  with  the  eastern  property  line  of  Lots  55  and 
56,  Ward  21,  Section  13,  Block  852;  thence  running  in  a 
northerly  direction  and  binding  on  the  eastern  property 
line  of  Lots  55  and  56,  Ward  21,  Section  13,  Block  852, 
to  a  point  of  intersection  with  the  southern  right-of-way 
line  of  Eislen  Street ; 

thence  running  in  a  westerly  direction  and  binding  on  the 
southern  right-of-way  line  of  Eislen  Street,  crossing  Otter- 
bein  Street,  and  continuing  along  the  southern  right-of- 
way  line  of  Eislen  Street  to  a  point  of  intersection  with 
the  eastern  property  line  of  Lot  24,  Ward  21,  Section  13, 
Block  852;  thence  running  in  a  southerly  direction  and 
binding  on  the  eastern  property  line  of  Lot  24,  Ward  21, 
Section  13,  Block  852,  to  a  point  of  intersection  with  the 
southern  property  line  of  Lot  24,  Ward  21,  Section  13, 
Block  852;  thence  running  in  a  westerly  direction  and 
binding  on  the  southern  property  line  of  Lot  24,  Ward  21, 
Section  13,  Block  852,  crossing  Scott  Street  along  an  ex- 
tension of  said  property  line  to  a  point  of  intersection  with 
the  Western  right-of-way  line  of  Scott  Street;  thence 
running  in  a  southerly  direction  and  binding  on  the  western 
right-of-way  line  of  Scott  Street  to  a  point  of  intersection 
with  an  easterly  extension  of  the  southern  property  line 
of  Lot  8,  Ward  21,  Section  7,  Block  851 ;  thence  running 
in  a  westerly  direction  and  binding  on  said  extension  of, 
and  the  southern  property  line  of  Lot  8,  Ward  21,  Section  7, 
Block  851,  to  a  point  of  intersection  with  the  eastern  right- 
of-way  line  of  an  unnamed  2-foot  alley;  thence  running 
in  a  southerly  direction  and  binding  on  the  eastern  right- 
of-way  line  of  said  unnamed  2-foot  alley  to  a  point  of 
intersection  with  the  northern  right-of-way  line  of  Carroll 


388  ORDINANCES  Ord.  No.  714 

Street ;  thence  running  in  a  westerly  direction  and  binding 
on  the  northern  right-of-way  line  of  Carroll  Street  to  a 
point  of  intersection  with  the  western  right-of-way  line  of 
another  unnamed  2-foot  alley;  thence  running  in  a  north- 
erly direction  and  binding  on  the  western  right-of-way 
line  of  said  unnamed  2-foot  alley  to  a  point  of  intersection 
with  the  northern  property  line  of  Lot  70,  Ward,  21.  Sec- 
tion 6,  Block  851 ;  thence  running  in  a  westerly  direction 
and  binding  on  the  northern  property  line  of  Lot  70,  Ward 
21,  Section  7,  Block  851  and  a  westerly  extension  of  said 
northern  property  line,  crossing  Wyeth  Street  to  a  point 
of  intersection  with  the  western  right-of-way  line  of  Wyeth 
Street ;  thence  running  in  a  northerly  direction  and  binding 
on  the  western  right-of-way  line  of  Wyeth  Street  to  the  point 
of  beginning. 

Sec.  3.  And  be  it  further  ordained,  That  the  Renewal 
Plan  for  the  Washington  Boulevard  Business  Area,  identi- 
fied as  "Urban  Renewal  Plan,  Washington  Boulevard  Busi- 
ness Area",  having  been  duly  reviewed  and  considered,  is 
hereby  approved,  and  the  Clerk  of  the  City  Council  is 
hereby  directed  to  file  a  copy  of  said  Renewal  Plan  with 
the  Department  of  Legislative  Reference  as  a  permanent 
record  and  make  the  same  available  for  public  inspection 
and  information. 

Sec.  4.  And  be  it  further  ordained.  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation  for  Urban 
Renewal  purposes  for  fee  simple  interest  or  any  lesser 
interest  in  and  to  such  of  the  remaining  properties  or 
portions  thereof  in  the  Washington  Boulevard  Business 
Area  not  specifically  designated  for  acquisition  in  this  ordi- 
nance, as  may  be  deemed  necessary  and  proper  by  the 
Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  to  effect  the  proper  implementation 
of  the  project. 

(1)     These  properties  may  include: 

(a)  Any  property  in  the  project  area  containing  a  non- 
salvable  structure,  i.e.  a  structure  which  in  the  opinion  of 
the  Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  cannot  be  economically  rehabilitated. 


ORDINANCES  389 

(b)  Any  property  the  owner  of  which  is  unable  or 
unwilling  to  comply  or  conform  to  the  codes  and  ordinances 
of  Baltimore  City  and  the  Property  Rehabilitation  Stand- 
ards set  forth  in  Section  5  of  this  ordinance  within  24 
months  from  the  date  of  written  notice  of  the  required 
improvements,  the  Department  of  Housing  and  Community 
Development,  after  due  consideration  that  the  property 
owner  has  failed  to  achieve  substantial  conformity  with 
the  codes  and  ordinances  of  Baltimore  City,  may  acquire 
such  property  pursuant  to  the  Eminent  Domain  Law  of 
this  State  as  if  the  property  had  originally  been  planned  for 
acquisition  after  90  days  written  notice  to  the  owner.  The 
Department  of  Housing  and  Community  Development  re- 
serves the  right  to  acquire  any  such  non-complying  property 
for  a  period  of  two  (2)  years  from  the  date  of  said  written 
90  days  notice  by  the  Department  of  Housing  and  Com- 
munity Development. 

(2)  Upon  the  acquisition  of  such  properties  the  De- 
partment of  Housing  and  Community  Development  will 
either : 

(a)  Rehabilitate  the  property  in  conformance  with  the 
codes  and  ordinances  of  Baltimore  City  and  the  Property 
Rehabilitation  Standards  set  forth  in  Section  5  of  this 
ordinance  and  dispose  of  property  in  accordance  with  ap- 
plicable regulations.  If  sale  cannot  be  consummated  by  the 
time  rehabilitation  is  accomplished,  units  may  be  rented ;  or 

(b)  Sell  or  lease  the  property  subject  to  rehabilitation 
in  conformance  with  the  codes  and  ordinances  of  Baltimore 
City  and  the  Property  Rehabilitation  Standards  set  forth 
in  Section  5  of  this  ordinance; 

(c)  Demolish  the  structure  or  structures  thereon  and 
dispose  of  the  land  for  redevelopment  for  uses  in  accord- 
ance with  this  Plan. 

Sec.  5.  And  be  it  further  ordained,  That  in  addition  to 
the  standards  for  properties  outlined  in  the  codes  and 
ordinances  of  the  City  of  Baltimore,  the  following  addi- 
tional standards  shall  be  applied  to  all  non-residential  uses 
within  the  project  area: 


390  ORDINANCES  Ord.  No.  714 

a.  Windows 

(1)  Windows  not  in  the  front  of  the  buildings  shall  be 
kept  properly  repaired  or,  with  Fire  Department  approval, 
may  be  closed,  in  which  case  sills,  lintels  and  frames  must 
be  removed  and  the  opening  properly  closed  to  match  the 
material,  design  and  finish  of  the  adjacent  wall. 

(2)  All  windows  must  be  tight-fitting  and  have  sashes 
of  proper  size  and  design.  Sashes  with  rotten  wood,  broken 
joints  or  loose  mullions  or  muntins  shall  be  replaced.  All 
broken  and  missing  window  glass  shall  be  replaced  with 
glass  or  approved  plastic  glazing.  All  exposed  wood  shall 
be  repaired  and  painted. 

(3)  Window  openings  in  upper  floors  of  buildings  with 
fronts  or  sides  on  Washington  Boulevard,  Scott  Street  and 
Barre  Street,  shall  not  be  filled  or  boarded  up.  Windows  in 
unused  areas  of  the  upper  floors  may  be  backed  by  a  solid 
surface  on  the  inside  of  the  glass.  Window  panes  shall  not 
be  painted. 

(4)  Shutters  may  be  provided  on  windows  above  the 
first  floor  level  on  the  front  of  buildings.  They  shall  be 
fixed  to  the  wall  by  either  a  metal  latch  or  a  wood  device  or 
be  held  permanently  "open"  (fastened  to  the  wall).  In 
cases  where  shutters  would  be  in  harmonious  with  the 
original  design  of  the  building,  they  shall  not  be  permitted. 

b.  Building  Fronts  and  Sides  Abutting  Streets 

(1)  All  defective  structural  and  decorative  elements 
of  building  fronts  and  sides  abutting  streets  shall  be  re- 
paired or  replaced  in  a  workmanlike  manner  to  match  as 
closely  as  possible  the  original  materials  and  construction 
of  that  building.  All  damaged,  sagging  or  otherwise  de- 
teriorated storefronts,  show  windows  or  entrances  shall  be 
repaired  or  replaced. 

(2)  All  cornices,  upper  store  windows  (and  all  portions 
of  a  building  containing  wood  trim)  shall  be  made  struc- 
turally sound.  Rotten  or  weakened  portions  shall  be  re- 
moved and  repaired,  or  replaced  to  match  as  closely  as 
possible  the  original  patterns.  All  exposed  wood  shall  be 
painted  or  stained,  or  otherwise  treated  for  protection. 


ORDINANCES  391 

(3)  A  show  window,  as  a  part  of  the  building  facade, 
shall  be  defined  to  include: 

(a)  the  building  face  and  the  entrance  area  leading  to 
the  door;  plus  lighting  and  signing  designed  to  be  viewed 
from  the  public  right-of-way  and/or  the  area  visible  to  the 
public  prior  to  entering  the  interior  portion  of  the  structure. 

Show  windows,  entrances,  signs,  lighting,  sun  protection, 
security  grilles,  etc.,  shall  be  compatible,  harmonious  and 
consistent  with  the  original  scale  and  character  of  the 
structure. 

Enclosures  and  housings  for  security  grilles  and  screens 
shall  be  as  inconspicuous  as  possible  and  compatible  with 
other  elements  of  the  facade.  Metal  enclosures  must  be 
painted  to  match  trim  unless  they  are  incorporated  in  the 
sign  structure. 

All  exposed  portions  of  the  grille,  screen  or  enclosure 
which  are  normally  painted  and  all  portions  which  require 
painting  to  preserve,  protect  or  renovate  the  surface  shall  be 
painted. 

All  screens  and  grilles  protecting  entrances  and  show 
windows  must  be  constructed  so  they  can  be  opened  or 
removed.  Such  screens  and  grilles  shall  be  opened  or  re- 
moved during  the  normal  business  hours  of  that  business. 

Show  windows  shall  not  be  painted  for  advertising  pur- 
poses, but  may  be  painted  for  authorized  identification  of 
the  place  of  business  when  authorized  by  the  Department 
of  Housing  and  Community  Development. 

No  temporary  or  permanent  sign  affixed  or  placed  against 
the  inside  surface  of  a  show  window  shall  exceed  20%  of 
the  area  of  that  show  window. 

Decals  one  square  foot  or  less  in  area  may  be  affixed  to 
show  windows  or  entrance  door  windows  when  same  are 
supplied  by  credit  card  companies  and  carry  no  text  or 
message  other  than  the  identification  of  such  companies. 

(4)  Solid  or  permanently  enclosed  storefronts  shall  not 
be  permitted,  unless  treated  as  an  integral  part  of  the 
building  facade  using  wall  materials  and  window  detailing 
compatible  with  the  upper  floors. 


392  ORDINANCES  Ord.  No.  714 

(5)  Awnings 

(a)  Soft,  retractable  awnings  are  permitted  over  the 
first  floor  and  on  upper  floors  over  windows. 

(b)  They  must  be  flameproofed 

(c)  They  shall  not  project  more  than  seven  (7)  feet 
from  the  building  front  and  shall  otherwise  conform  with 
the  provisions  of  City  ordinances. 

(d)  Awnings  over  storefronts  shall  terminate  against 
the  building  at  a  height  not  to  exceed  thirteen  (13)  feet 
above  the  pavement,  or  one  inch  below  the  second  floor 
window  sill,  whichever  is  lower. 

(e)  Rigid  or  fixed  awnings,  sun  screens  or  permanent 
canopies  are  not  permitted  or  any  portion  of  the  building 
front. 

(6)  Adjoining  buildings  used  by  the  same  occupant  shall 
be  rehabilitated  in  a  unified  and  harmonious  manner.  Each 
building  shall  be  rehabilitated  and  repaired  with  materials 
and  in  a  manner  consistent  with  the  original  construction 
techniques  where  feasible. 

(7)  All  exterior  front  or  side  walls  which  have  not 
been  wholly  or  partially  resurfaced  or  built  over  shall  be 
repaired  and  cleaned  or  painted  in  an  acceptable  manner. 
Brick  walls  shall  be  pointed  where  necessary.  Painted  ma- 
sonry walls  shall  have  loose  material  removed  and  be  painted 
a  single  color  except  for  trim  which  may  be  another  color. 
Patched  walls  shall  match  the  existing  adjacent  surfaces 
as  to  materials,  color,  bond  and  jointing. 

(8)  Masonry  walls  shall  be  treated  in  the  following 
manner: 

(a)  Natural  stone  shall  be  clean  and  mortar  joints 
pointed  where  necessary. 

(b)  Brick  may  be  cleaned  and  then  sealed;  or  if  the 
brick  has  been  previously  painted,  it  may  be  sealed  to 
remove  all  loose  material  and  repainted  with  one  color. 

(c)  Existing  formstone  applied  over  brick  may  be  re- 
moved and  the  brick  cleaned  and  painted  and  then  sealed; 
or,  existing  formstone  shall  be  painted  in  a  manner  approved 


ORDINANCES  393 

by  the  Department  of  Housing  and  Community  Develop- 
ment. 

(d)  Any  other  applied  facing  materials  which  are  dec- 
orative only  shall  be  removed  within  24  months  if  not 
original ;  if  original  and  corrugated  metal  siding  or  plywood, 
they  shall  be  removed  and  replaced  with  approved  harmo- 
nious materials ;  if  original  and  other  than  corrugated  metal 
siding  or  plywood,  they  shall  be  repaired  as  necessary 
according  to  the  minimum  standards  set  forth  in  this 
ordinance. 

(e)  Any  facing  materials  applied  for  reasons  other  than 
decoration  shall  be  painted  or  otherwise  treated  in  a  manner 
harmonious  to  the  rest  of  the  structure  as  approved  by 
the  Department  of  Housing  and  Community  Development. 

(9)  Dormer  windows  on  roofs  sloping  toward  the  shop- 
ping street  shall  be  treated  in  accordance  with  the  same 
criteria  as  building  fronts. 

(10)  Existing  miscellaneous  elements  on  the  building 
fronts,  such  as  empty  electrical  or  other  conduits,  unused 
sign  brackets,  etc.,  shall  be  removed  and  the  building 
repaired  as  necessary. 

(11)  Sheet  metal  gutters  and  downspouts  shall  be  re- 
paired or  replaced  as  necessary  and  shall  be  neatly  located 
and  securely  installed.  Gutters  and  downspouts  shall  be 
repaired  or  replaced  as  necessary  and  shall  be  neatly  lo- 
cated and  securely  installed.  Gutters  and  downspouts  shall 
be  painted  to  harmonize  with  the  other  building  front  colors. 

c.  Rear  and  Side  Walls 

(1)  Rear  and  side  walls  shall  be  repaired  and  painted 
to  present  a  neat  and  fresh  appearance.  Rear  walls  shall 
be  painted  to  cover  evenly  all  miscellaneous  patched  and 
filled  areas  or  be  stuccoed  to  present  an  even  and  uniform 
surface. 

(2)  Side  walls,  where  visible  from  any  street,  shall  be 
finished  or  painted  so  as  to  harmonize  with  the  front  of 
the  building. 

d.  Roofs 

(1)  Chimneys,  elevator  penthouses  or  any  other  auxil- 
iary structures  on  the  roofs  shall  be  repaired  and  cleaned 


394  ORDINANCES  Ord.  No.  714 

as  required  for  rear  and  side  walls.  Any  construction  visible 
from  the  street  or  from  other  buildings  shall  be  finished 
so  as  to  be  harmonious  with  other  visible  building  walls. 

(2)  Any  new  mechanical  equipment  placed  on  a  roof 
shall  be  so  located  as  to  be  hidden  from  view  from  the 
shopping  streets,  and  to  be  as  inconspicuous  as  possible 
from  other  viewpoints.  New  equipment  shall  be  screened 
with  suitable  elements  of  a  permanent  nature,  finished  so 
as  to  harmonize  with  the  rest  of  the  building.  Where  such 
screening  is  unfeasible,  equipment  shall  be  installed  in  a 
neat,  presentable  manner,  and  shall  be  painted  in  such  a 
manner  as  to  minimize  its  visibility. 

(3)  Television  and  radio  antennae  shall  be  located  so 
as  to  be  as  inconspicuous  as  possible. 

(4)  Roofs  shall  be  kept  free  of  trash,  debris,  or  any 
other  element  which  is  not  a  permanent  part  of  the  build- 
ing or  a  functioning  element  of  its  mechanical  or  electrical 
system. 

e.  Auxiliary  Structures 

Structures  at  the  rears  of  buildings  attached  or  unattached 
to  the  principal  commercial  structure  which  are  structurally 
deficient,  shall  be  properly  repaired  or  demolished. 

f.  Rear  Yards 

Where  a  rear  yard  exists  or  is  created  through  the  demo- 
lition of  structures,  the  owner  shall  condition  the  open  area 
in  one  of  two  ways  as  outlined  below. 

(1)  Enclosure  of  Yards 

A  rear  yard  may  be  enclosed  along  side  and  rear  prop- 
erty lines  by  a  masonry  wall,  consistent  and  harmonious 
in  design  with  the  rear  walls  of  the  building.  Solid  doors 
or  solid  gates  may  be  used  to  the  extent  necessary  for 
access  and  delivery.  Such  walls  must  be  not  less  than  five 
feet  in  height. 

(2)  Provision  of  Parking  Area 

An  unenclosed  rear  yard  may  be  used  as  a  parking  or  load- 
ing area  providing  that  it  is  properly  paved,  illuminated  and 
maintained.  A  sign  not  exceeding  six  (6)  square  feet  may 


ORDINANCES  395 

be  used  to  identify  and  control  parking  and  loading.  The 
building  occupant  shall  be  responsible  for  maintenance  of 
the  parking  area  in  a  neat  and  clean  manner.  No  storage 
of  trash  containers  shall  be  allowed  in  this  area  except 
when  housed  in  permanent  structures  of  acceptable  design. 

g.     Signs 

(1)  No  signs  other  than  those  identifying  the  property 
where  they  are  installed  or  identifying  the  use  conducted 
therein  shall  be  permitted.  Advertising  by  material  or 
product  manufacturers  shall  not  be  permitted  except  as 
primary  identification  of  an  establishment. 

All  lighting  and  electrical  elements  such  as  wires,  con- 
duits, junction  boxes,  transformers,  ballasts,  switches,  and 
panel  boxes  shall  be  concealed  from  view  as  much  as  possible. 

(2)  Flat  signs  shall  be  placed  parallel  to  the  building 
face  and  shall  not  project  more  than  12"  from  the  surface 
of  the  building  and  shall  not  exceed  in  area  three  times  the 
width  in  feet  of  the  frontage  of  the  building.  In  the  case 
of  corner  properties,  each  facade  is  to  be  calculated  sepa- 
rately as  to  size  allowed  for  each.  Flat  signs  shall  be  placed 
no  higher  than  one  inch  below  the  sill  of  the  bottom  of 
the  second  story  windows  where  windows  exist  or  13  feet 
above  grade  level,  whichever  is  lower.  Lettering  applied 
to  ground  floor  show  windows  or  entrance  doors  shall  be 
limited  to  identification  of  the  business.  Signs  identifying 
the  occupant  shall  be  permitted  at  rear  entrance  doors  but 
shall  not  exceed  six  square  feet  in  size,  except  where  au- 
thorized by  the  Department  of  Housing  and  Community 
Development. 

(3)  Marquees  or  projecting  signs  shall  not  be  placed 
on  any  portion  of  any  building.  Existing  projecting  or 
otherwise  non-complying  signs  shall  be  removed  within  24 
months  of  passage  of  this  ordinance. 

(4)  Painted  signs  on  building  surfaces  or  use  of  sepa- 
rate cutout  letters  shall  be  permitted  in  accordance  with 
the  above  limits  for  flat  signs  or  as  authorized  by  the 
Department  of  Housing  and  Community  Development. 

(5)  Non-illuminated  secondary  signs  shall  be  permitted 
for  the  identification  of  commercial  tenants  occupying  the 


396  ORDINANCES  Ord.  No.  714 

upper  floors  of  a  building.  Such  signs  shall  not  exceed  two 
(2)  square  feet  in  area  and  shall  not  project  more  than  one 
inch  beyond  the  surface  of  the  building,  nor  shall  they  be 
placed  higher  than  13  feet  above  grade  level. 

(6)  Roof  top  signs,  signs  above  the  parapet  of  a  build- 
ing, billboards,  or  outdoor  advertising  signs  painted  or 
mounted  on  structures  other  than  billboards,  except  as 
otherwise  herein  provided,  shall  not  be  permitted. 

(7)  Painted  or  inlaid  signs  on  cloth  awnings  are  per- 
mitted. 

(8)  Flashing  or  moving  signs  other  than  barber  poles 
shall  not  be  permitted. 

(9)  All  signs  not  conforming  to  the  above  regulations 
shall  be  removed  within  two  years  from  date  of  enactment 
of  this  ordinance  except  billboards  larger  than  sixty  square 
feet,  which  shall  be  removed  within  five  years.  No  lease  for 
such  billboards  expiring  after  date  of  enactment  of  this 
plan  shall  be  renewed.  Future  minor  privilege  permits  for 
signs  shall  be  issued  only  for  those  signs  meeting  project 
design  criteria. 

(10)  No  private  signs  shall  be  permitted  except  as 
herein  provided  or  as  otherwise  authorized  by  the  Depart- 
ment of  Housing  and  Community  Development  for  tempo- 
rary purposes  not  exceeding  thirty  days. 

h.     Period  of  Compliance 

To  the  extent  that  rehabilitation  requirements  for  com- 
mercial uses  are  specifically  applicable  to  the  Washington 
Boulevard  Business  Area  and  are  not  generally  required 
elsewhere,  the  work  necessary  to  meet  such  requirements 
shall  be  completed  within  two  (2)  years  from  the  effective 
date  of  this  plan,  unless  specifically  outlined  elsewhere  in 
this  plan.  No  work,  alterations,  or  improvements  shall  be 
undertaken  after  enactment  of  this  plan  which  do  not 
conform  with  the  requirements  herein. 

Nothing  herein  shall  be  construed  to  permit  any  sign, 
construction,  alteration,  change,  repair,  use  or  any  other 
matter  otherwise  forbidden  or  restricted  or  controlled  by 
any  other  public  law. 


ORDINANCES  397 

i.     Review  of  Rehabilitation  Plans 

(1)  It  shall  be  the  responsibility  of  the  Department  of 
Housing  and  Community  Development  to  supervise  that 
part  of  this  Urban  Renewal  Plan  dealing  with  design,  code 
enforcement  and  inspection. 

(2)  Designs  for  all  improvements,  modifications,  re- 
pair, rehabilitation  or  painting  concerning  the  exterior  of 
the  existing  buildings,  their  yards  or  their  show  windows, 
and  for  all  signs,  and  new  construction  shall  be  submitted 
to  the  Commissioner  of  the  Department  of  Housing  and 
Community  Development  and  written  approval  by  the  De- 
partment shall  be  required  before  proceeding  with  the  work. 
It  shall  be  the  responsibility  of  the  property  owner  or  an 
authorized  agent  to  secure  all  the  necessary  permits  in 
order  to  undertake  the  proposed  work. 

(3)  The  Commissioner  of  the  Department  of  Housing 
and  Community  Development  shall  be  concerned  with  all 
aspects  of  the  designs  affecting  the  exterior  appearance 
of  properties,  and  in  particular  with  the  following: 

(a)  Colors  to  be  used  on  buildings  and  signs. 

(b)  Design  of  show  windows  and  entrance  area,  in- 
cluding choice  of  material  and  types  of  security  devices. 

(c)  Design  of  signs,  methods  of  illumination,  colors, 
materials  and  methods  of  suspension. 

(d)  Conditioning  of  rear  yard  spaces  and  locations  of 
delivery  signs. 

(e)  All  exterior  materials  and  colors. 

(f)  Design  of  awnings,  shutters  and  upper  floor  win- 
dows. 

(g)  Compatibility  of  new  construction,  as  to  scale, 
color,  materials  and  signing. 

Sec.  6.  And  be  it  further  ordained,  That  any  person 
violating  any  of  the  provisions  of  Section  5  of  this  ordi- 
nance shall  be  guilty  of  a  misdemeanor  and  shall  be  subject 
to  a  fine  not  exceeding  One  Hundred  Dollars  ($100.00)  and 
that  each  day's  violation  shall  constitute  a  separate  offense. 


398  ORDINANCES  Ord.  No.  714 

Sec.  7.  And  be  it  further  ordained,  That  all  plans  for 
new  construction  (including  parking  lots)  or  rehabilitation 
on  any  property  not  to  be  acquired  under  the  provisions  of 
this  plan  shall  be  submitted  to  the  Department  of  Housing 
and  Community  Development  for  review.  Upon  finding  that 
the  proposed  plans  are  consistent  with  the  objectives  of  the 
urban  renewal  plan,  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development  shall  authorize 
the  processing  of  the  plans  for  issuance  of  a  building  per- 
mit. The  provisions  of  this  section  are  in  addition  to  and 
not  in  lieu  of  all  other  applicable  laws  and  ordinances 
relating  to  new  construction. 

Sec.  8.  And  be  it  further  ordained,  That  all  applications 
for  demolition  permits  shall  be  submitted  to  the  Depart- 
ment of  Housing  and  Community  Development  for  review 
and  approval.  Upon  finding  that  the  proposed  demolition 
is  consistent  with  the  objectives  of  the  urban  renewal  plan, 
the  Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  shall  authorize  the  issuance  of  the 
necessary  permit.  If  the  Commissioner  finds  that  the  pro- 
posal is  inconsistent  with  the  urban  renewal  plan  and 
therefore  denies  the  issuance  of  the  permit,  he  shall,  within 
90  days  of  such  denial,  seek  approval  of  the  Board  of  Esti- 
mates to  acquire  for  and  on  behalf  of  the  Mayor  and  City 
Council  of  Baltimore  the  property,  in  whole  or  in  part,  on 
which  said  demolition  was  to  have  occurred  by  purchase, 
lease,  condemnation,  gift  or  other  legal  means  for  the  ren- 
ovation, rehabilitation  and  disposition  thereof.  In  the  event 
that  the  Board  of  Estimates  does  not  authorize  the  ac- 
quisition, the  Commissioner  shall  without  delay,  issue  the 
demolition  permit. 

Sec.  9.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  persons  and  in  such  manner  as  the  Board  of  Esti- 
mates, in  the  exercise  of  the  power  vested  in  it  by  Article 
V,  Section  5,  of  the  Baltimore  City  Charter,  may  hereafter 
from  time  to  time  designate,  is  or  are  authorized  to  acquire 
on  behalf  of  the  Mayor  and  City  Council  of  Baltimore  and 
for  the  purposes  described  in  this  ordinance  the  fee  simple 
interest  or  any  lesser  in  and  to  the  properties  or  portions 
thereof  hereinabove  mentioned,  together  with  all  right,  title, 


ORDINANCES  399 

interest  and  estate  that  the  owner  or  owners  of  said  prop- 
erty interests  may  have  in  all  streets,  alleys,  ways  or  lanes, 
public  or  private,  both  abutting  the  whole  area  described 
and/or  contained  within  the  perimeter  of  said  area.  If  the 
said  Real  Estate  Acquisition  Division  of  the  Department  of 
the  Comptroller,  or  such  person  or  persons  and  in  such 
manner  as  the  Board  of  Estimates  in  the  exercise  of  the 
power  vested  in  it  by  Article  V,  Section  5,  of  the  Balti- 
more City  Charter,  may  hereafter  from  time  to  time  desig- 
nate, is  or  are  unable  to  agree  with  the  owner  or  owners 
on  the  purchase  price  for  said  properties  or  portions  there- 
of, it  or  they  shall  forthwith  notify  the  City  Solicitor  of 
Baltimore  City  who  shall  thereupon  institute  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore,  the  necessary 
legal  proceedings  to  acquire  by  condemnation  the  fee  simple 
interest  or  any  lesser  interest  in  and  to  said  properties  or 
portions  thereof. 

Sec.  10.  And  be  it  further  ordained,  That  selling  or  other- 
wise disposing  of  the  property  in  the  Highlandtown  Busi 
ass*  A&&,  WASHINGTON  BOULEVARD  BUSINESS 
AREA,  the  Department  of  Housing  and  Community 
Development  shall  require  that  developers  agree  in  writing 
not  to  discriminate  in  the  sale,  lease,  use  or  occupancy  of 
the  property  developed  by  them  against  any  person  because 
of  race,  creed,  color  or  national  origin. 

Sec.  11.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  the  Renewal  Plan  approved  hereby  for  the  High 
landtown  Businoss  A*ea  WASHINGTON  BOULEVARD 
BUSINESS  AREA  may  not  meet  the  requirements  as 
to  the  content  of  a  Renewal  Plan  or  the  procedure  for  the 
preparation,  adoption,  and  approval  of  Renewal  Plans  as 
provided  in  Ordinance  No.  152,  approved  June  28,  1968, 
the  said  requirements  are  hereby  waived  and  the  Renewal 
Plan  approved  hereby  is  exempted  therefrom. 

Sec.  12.  And  be  it  further  ordained,  That  in  the  event 
it  be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  application  of  such 
provisions  to  other  persons  or  circumstances  shall  not  be 


400  ORDINANCES  Ord.  No.  715 

affected  thereby,  the  Mayor  and  City  Council  hereby  de- 
claring that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  or  the  application 
thereof  so  held  invalid. 

Sec.  13.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or 
code  or  regulation,  the  applicable  provisions  concerned 
shall  be  construed  so  as  to  give  effect  to  each;  provided, 
however,  that  if  such  provisions  are  found  to  be  in  ir- 
reconcilable conflict,  the  provision  which  establishes  the 
higher  standard  for  the  promotion  and  protection  of  the 
public  health  and  safety  shall  prevail.  In  any  case  where  a 
provision  of  this  ordinance  is  found  to  be  in  conflict  with 
an  existing  provision  of  any  other  ordinance  or  code  or 
regulation  in  force  in  the  City  of  Baltimore  which  estab- 
lishes a  lower  standard  for  the  promotion  and  protection 
of  the  public  health  and  safety,  the  provision  of  this  ordi- 
nance shall  prevail,  and  the  other  existing  provision  of 
such  other  ordinance  or  code  or  regulation  is  hereby  repealed 
to  the  extent  that  it  may  be  found  in  conflict  with  this 
ordinance. 

Sec.  14.  And  be  it  further  ordained.  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  715 
(Council  No.  1517) 

An  Ordinance  to  add  new  Section  37(p-12)  40(11)  to  Ar- 
ticle 1  of  the  Baltimore  City  Code  (1966  1976  Edition), 
title  "Mayor,  City  Council  and  Municipal  Agencies",  sub- 
title "Commission  for  Historic  and  Architectural  Preser- 


ORDINANCES  401 

vation",  to  follow  immodiatoly  after  Soction  37(p  11) 
thoroof»  declaring  the  area  located  within  certain  de- 
scribed boundaries  to  be  the  Loft  Historic  and  Architec- 
tural Preservation  District. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  37(p-12^-  40  (II)  be  and  it  is 
hereby  added  to  Article  1  of  the  Baltimore  City  Code  (1966 
1976  Edition),  title  "Mayor,  City  Council  and  Municipal 
Agencies",  subtitle  "Commission  for  Historic  and  Archi- 
tectural Preservation",  to  follow  immodiatoly  after  Section 
37(p-ll)  thereof,  and  to  read  as  follows : 

40. 

(ii)  Loft  District.  The  area  located  within  the 
boundaries  set  forth  in  this  subsection  is  hereby  declared 
to  be  a  Historic  and  Architectural  District,  and  may  be 
referred  to  as  Loft  Historic  and  Architectural  District: 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  west  side  of  Paca  Street,  as  now  laid  out  82.5 
feet  wide,  and  the  north  side  of  Lombard  Street,  as  now 
laid  out  66  feet  wide,  and  running  thence  binding  on  the 
north  side  of  said  Lombard  Street,  Westerly  327  feet,  more 
or  less,  to  intersect  the  east  side  of  Greene  Street,  as  now 
laid  out  66  feet  wide;  thence  binding  on  the  east  side  of 
said  Greene  Street,  Northerly  185  feet,  more  or  less,  to 
intersect  the  line  of  the  north  outline  of  the  property  known 
as  No.  32/34  S.  Paca  Street  if  projected  westerly; 
thence  binding  in  part  reversely  on  said  line  so  projected, 
in  part  on  the  north  outline  of  the  property  known  as  No. 
32/34  S.  Paca  Street  and  in  all,  Easterly  327  feet,  more  or 
less,  to  the  aforesaid  west  side  of  Paca  Street  and  thence 
binding  on  the  west  side  of  said  Paca  Street,  Southerly 
185  feet,  more  or  less,  to  the  place  of  beginning. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


402  ORDINANCES  Ord.  No.  716 

No.  716 
(Council  No.  1550) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Thousand  Five  Hun- 
dred Dollars  ($2,500)  to  the  Mayor's  Advisory  Committee 
on  Art  and  Culture  to  be  used  for  promoting  the  open- 
ing of  School  #33  as  an  Art  Center,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter   (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held 
on  the  5th  day  of  April,  1978,  all  in  accordance  with 
Article  VI,  Section  2(h)  (2)  of  the  1964  revised  Charter 
of  Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Thousand  Five  Hundred 
Dollars  ($2,500)  shall  be  made  available  to  the  Mayor's 
Advisory  Committee  on  Art  and  Culture  of  the  City  of 
Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose 
of  promoting  the  opening  of  School  #33  as  an  Art  Center. 
The  amount  thus  made  available  as  a  supplementary  special 
fund  appropriation  shall  be  expended  from  a  grant  of 
funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Maryland  Arts  Council,  State  Department  of  Economic  and 
Community  Development,  said  sum  being  specifically  al- 
lotted to  the  Mayor  and  City  Council  of  Baltimore  for  the 
aforesaid  purpose;  and  said  funds  from  said  Maryland 
Arts  Council,  State  Department  of  Economic  and  Com- 
munity Development  shall  be  the  source  of  revenue  for 
this  supplementary  special  fund  appropriation,  as  required 


ORDINANCES  403 

by  Article  VI,  Section  2(h)  of  the  1964  revised  Charter 
of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  717 
(Council  No.  1551) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Dollars 
($1,000)  to  the  Mayor's  Advisory  Committee  on  Art  and 
Culture  to  be  used  for  promoting  the  opening  of  School 
#33  as  an  Art  Center,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held 
on  the  5th  day  of  April,  1978,  all  in  accordance  with 
Article  VI,  Section  2(h)(2)  of  the  1964  revised  Charter 
of  Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  Dollars  ($1,000) 
shall  be  made  available  to  the  Mayor's  Advisory  Committee 
on  Art  and  Culture  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year  end- 


404  ORDINANCES  Ord.  No.  718 

ing  June  30,  1978  for  the  purpose  of  promoting  the  opening 
of  School  #33  as  an  Art  Center.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Maryland  Arts  Council, 
State  Department  of  Economic  and  Community  Develop- 
ment, said  sum  being  specifically  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Maryland  Arts  Council,  State 
Department  of  Economic  and  Community  Development  shall 
be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  718 
(Council  No.  1556) 

An  Ordinance  to  add  new  Section  113  (5a)  to  Article  31 
of  the  Baltimore  City  Code  (1976  Edition),  title  'Transit 
and  Traffic,  subtitle  "Impounding'',  designating  both  sides 
of  Mount  Vernon  Place  between  the  east  and  west  drives 
of  Washington  Place  as  an  impounding  area. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  113  (5a)  be  and  it  is  hereby 
added  to  Article  30  of  the  Baltimore  City  Code  (1976  Edi- 
tion), title  "Transit  and  Traffic",  subtitle  "Impounding", 
to  read  as  follows: 

141. 

(5b)  Mt.  Vernon  Place,  both  sides,  between  the  east 
and  west  drives  of  Washington  Place. 


ORDINANCES  405 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  719 
(Council  No.  1557) 

An  Ordinance  to  add  new  Section  105  (1)  to  Article  31  of 
the  Baltimore  City  Code  (1977  Edition),  title  "Transit 
and  Traffic",  subtitle  "Impounding  Areas",  designating 
the  east  side  of  Eutaw  Street  between  Madison  and 
Biddle  Streets  as  an  impounding  area. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  105(1)  be  and  it  is  hereby 
added  to  Article  31  of  the  Baltimore  City  Code  (1977 
Edition),  title  "Transit  and  Traffic",  subtitle  "Impounding 
Areas",  to  read  as  follows : 

105.     E  Streets 

(1)  Eutaw  Street,  east  side,  from  Madison  Street  to 
Biddle  Street. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  May  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  720 
(Council  No.  1518) 

An  Ordinance  to  add  new  Section  37(p-ll)  40 (HH)  to  Ar- 
ticle 1  of  the  Baltimore  City  Code  {1M%  1976  Edition), 


406  ORDINANCES  Ord.  No.  720 

title  "Mayor,  City  Council  and  Municipal  Agencies",  sub- 
title "Commission  for  Historic  and  Architectural  Preser- 
vation", to  follow  immediately  after  Soction  37(p  10) 
thereof,  declaring  the  area  located  within  certain  de- 
scribed boundaries  to  be  the  Waverly  Historic  and  Archi- 
tectural Preservation  District. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  37(p  11)  40 (HH)  be  and  it 
is  hereby  added  to  Article  1  of  the  Baltimore  City  Code 
(4&GS  1976  Edition),  title  "Mayor,  City  Council  and  Mu- 
nicipal Agencies",  subtitle  "Commission  for  Historic  and 
Architectural  Preservation",  to  follow  immodiatoly  aftor 
Soction  37(p-10)  thoroof,  and  to  read  as  follows : 

40. 

(hh)  Waverly  District.  The  area  located  within  the 
boundaries  set  forth  in  this  subsection  is  hereby  declared 
to  be  a  Historic  and  Architectural  District,  and  may  be 
referred  to  as  Waverly  Historic  and  Architectural  District: 

Beginning  for  the  same  at  the  point  formed  by  the  in- 
tersection of  the  north  side  of  E.  34-th  Street,  as  now  laid 
out  66  feet  wide  and  the  east  side  of  Old  York  Road,  as 
now  laid  out  50  feet  wide,  and  running  thence  binding  on 
the  east  side  of  said  Old  York  Road,  Northerly  18 %  feet, 
more  or  less,  to  the  north  outline  of  the  property  known 
as  No.  31+11  Old  York  Road;  thence  binding  in  part  on  the 
north  outline  of  said  property,  in  part  on  the  north  side 
of  an  alley  in  the  rear  of  said  property,  and  in  all,  Easterly 
1U3  feet,  more  or  less,  to  the  east  side  of  said  alley; 
thence  binding  on  the  east  side  of  said  alley,  Southerly  5 
feet,  more  or  less,  to  the  north  side  of  a  10  foot  alley; 
thence  binding  on  the  north  side  of  said  10  foot  alley, 
Easterly  31  feet,  more  or  less,  to  the  northwest  corner  of 
the  property  known  as  No.  612  E.  3Uth  Street;  thence 
binding  on  the  north  outline  of  the  properties  known  as 
No.  612  through  and  including  620/22  E.  3Uth  Street, 
Easterly  372  feet,  more  or  less,  to  the  east  outline  of  the 
property  known  as  No.  620/22  E.  3Uth  Street;  thence  bind- 
ing in  part  on  the  east  outline  of  last  said  property,  in 
part  on  the  line  of  the  east  outline  of  last  said  property, 
if  projected  southerly,  and  in  all,  Southerly  153  feet,  more 


ORDINANCES  407 

or  less,  to  intersect  the  south  side  of  said  E.  34th  Street; 
thence  binding  on  the  south  side  of  said  34th  Street,  West- 
erly 104  feet,  more  or  less,  to  intersect  the  centerline  of 
Tinges  Lane,  as  now  laid  out  20  feet  wide;  thence  binding 
on  the  centerline  of  said  Tinges  Lane,  Southerly  224  feet, 
more  or  less,  to  intersect  the  north  side  of  V enable  Avenue, 
as  noio  laid  out  40  feet  wide;  thence  binding  on  the  north 
side  of  said  V enable  Avenue,  Westerly  162  feet,  more  or 
less,  to  the  west  outline  of  the  property  known  as  No.  621 
E.  34th  Street; 

thence  binding  on  part  of  the  west  outline  of  last  said 
property,  Northerly  105  feet,  more  or  less,  to  the  center- 
line  of  a  10  foot  alley,  laid  out  in  the  rear  of  the  properties 
known  as  Nos.  619  through  and  including  601  E.  34th 
Street;  thence  binding  on  the  centerline  of  last  said  10 
foot  alley,  Westerly  299  feet,  more  or  less,  to  intersect 
the  east  side  of  said  Old  York  Road  and  thence  binding 
on  the  east  side  of  said  Old  York  Road,  Northerly  1 73  feet, 
more  or  less,  to  the  place  of  beginning. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  passage. 

Approved  May  17,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  721 
(Council  No.  1552) 

An  Ordinance  to  repeal  and  reordain  Ordinance  430,  ap- 
proved July  25,  1977,  entitled  "An  Ordinance  providing 
for  a  supplementary  special  loan  fund  appropriation  in 
the  amount  of  One  Hundred  Nineteen  Thousand  Dollars 
($119,000)  to  the  Department  of  Housing  and  Community 
Development  to  be  used  for  equipment  acquisition  under 
the  Maryland  Industrial  Development  Financing  Au- 
thority and  City  Ordinance  429  in  accordance  with  the 
provisions  of  Article  VI,  Section  2(h)  (3)  of  the  Balti- 
more City  Charter  (1964  Revision) ",  amending  the  sec- 


408  ORDINANCES  Ord.  No.  722 

ond  recital  appearing  at  lines  14  thru  17  of  said 
ordinance  to  conform  with  commitment  of  Maryland 
Industrial  Development  Financing  Authority. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Ordinance  430,  approved  July  25,  1977, 
entitled  "An  Ordinance  providing  for  a  supplementary 
special  loan  Fund  appropriation  in  the  amount  of  One 
Hundred  Nineteen  Thousand  Dollars  ($119,000)  to  the  De- 
partment of  Housing  and  Community  Development  to  be 
used  for  equipment  acquisition  under  the  Maryland  Indus- 
trial Development  Financing  Authority  and  City  Ordinance 
429  in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(3)  of  the  Baltimore  City  Charter  (1964  Revision)", 
be  repealed  and  reordained  with  an  amendment  to  the 
second  recital  appearing  at  lines  14  thru  17  thereof  to 
read  as  follows: 

Whereas,  the  money  appropriated  herein  represents  the 
proceeds  of  an  Industrial  Development  Loan  partially  guar- 
anteed by  the  Maryland  Industrial  Development  Financing 
Authority;  and 

Sec.  2.  And  be  it  further  ordained,  that  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  May  22,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  722 

(Council  No.  1342) 

An  Ordinance  to  waive  Paragraph  2138  of  Article  32  of  the 
Baltimore  City  Code  (4££S  1976  Edition),  said  article 
being  known  generally  as  the  Building  Code  of  Baltimore 
City,  in  order  to  permit  the  construction  and  maintenance 
of  a  metal  pole  shopping  cart  barrier  erected  not  more 
than  six  feet  from  the  west  wall  of  the  improvements 


ORDINANCES  409 

known  as  517  South  Broadway  in  the  adjoining  sidewalk 
area. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  paragraph  2138  of  Article  32  of  the 

Baltimore  City  Code  (±£S£  1976  Edition),  be  waived  in 
order  to  permit  the  construction  and  maintenance  of  a  metal 
pole  shopping  cart  barrier  erected  not  more  than  six  feet 
from  the  west  wall  of  the  improvements  known  as  517 
South  Broadway  in  the  adjoining  sidewalk  area. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  7,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  723 

(Council  No.  1444) 

An  Ordinance  to  amend  Sheet  46  of  the  Zoning  Maps  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Zoning"  (Ordinance  No.  1051,  approved  April  20, 
1971),  by  changing  the  following  zoning  districts  in 
the  Johnson  JOHNSTON  Square  Urban  Renewal  Project : 
from  the  R-8  Zoning  District  to  the  B-3-3  Zoning  District, 
the  properties  known  as  1022  through  1042  Homewood 
Avenue  and  1025  through  1037  Hubbard  Alley,  as  out- 
lined in  red  on  the  plat  accompanying  this  Ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  46  of  the  Zoning  District  Maps  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"Zoning"  (Ordinance  No.  1051,  approved  April  20,  1971) 
be  and  it  is  hereby  amended  by  changing  from  the  R-8 
Zoning  District  to  the  B-3-3  Zoning  District  the  properties 
known  as  1022  through  1042  Homewood  Avenue  and  1025 
through  1037  Hubbard  Alley  as  outlined  in  red  on  the  plat 
accompanying  this  Ordinance. 


410  ORDINANCES  Ord.  No.  724 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  Ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  Departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and  when  the  Mayor  approves  the 
Ordinance  he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  the  Ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning  Ap- 
peals, the  Planning  Commission,  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development,  and 
the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  June  7,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  724 
(Council  No.  1470) 

An  Ordinance  to  repeal  and  reordain  with  amendments  Sec- 
tions 177  A(5)  145(5)  and  177  B(5)  146(5)  of  Article 
19  of  the  Baltimore  City  Code  (IMS  1976  Edition),  title 
"Police  Ordinances",  subtitle  "Special  Sanitary  Enforce- 
ment Officers — Citations",  as  ordained  by  Ordinance  No, 
£££,  4&T4,  an4  amended  by  Ordinance  No.  573,  1977,  and 
to  repeal  and  reordain  with  amendments  Section  4£P  41 
of  Article  11  of  the  Baltimore  City  Code  (4£SG  1976  Edi- 
tion) title  "Health",  subtitle  "Animal  Control",  as 
ordained  by  Ordinanco  £ter  70§r  1974,  providing  for  is- 
suance of  citations  and  imposition  of  penalties  for  certain 
violations  of  the  animal  control  law. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sections  177  A(5)  145(5)  and  177  B(5) 
146(5)  of  Article  19  of  the  Baltimore  City  Code  (43GG  1976 
Edition),  title  "Police  Ordinances",  subtitle  "Special  Sani- 


ORDINANCES  411 

tary  Enforcement  Officers — Citations",  as  ordainod  ky  Ordi- 
nance 5Q&,  1974,  a»4  amended  by  Ordinance  573,  1977,  be 
and  they  are  hereby  repealed  and  reordained  with  amend- 
ments to  read  as  follows : 

177  A.  145.     Issue  of  citation  where  prior  legal  notice  is  not 
required. 

4^.  Violation  of  Soctionc  16D(j),  16E(h),  16F(b), 
16C(a),  W.^W,  161(c),  my  4$h  a***  16L(d)  of  the 
Animal  Control  Ordinanco,  Q&k  TO&r  approved  August  23, 
1974,  as  amondod  from  time  to  time; 

(5)  VIOLATIONS  OF  SECTIONS  27  (J),  28(H), 
29(B),  30(A),  (B),  (C),  (D),  32(C),  (F),  (G),  AND 
35(D)  OF  THIS  SUBTITLE,  AS  AMENDED  FROM 
TIME  TO  TIME: 

Violations  involving  the  use  of  a  license  tag  on  an 
animal  for  which  it  was  not  issued,  or  removal  of 
such  license  tag  from  the  collar  of  an  animal  without 
the  consent  of  the  owner [$20.00]    $25.00 

Violations  involving  the  failure  to  obtain  a  permit 
before  opening  any  kennel,  commercial  animal  es- 
tablishment, or  animal  shelter  [$20.00]    $25.00 

Violations  involving  the  failure  to  humanely  dis- 
pose of  all  animals  owned,  kept  or  harbored  after 
revocation  of  permit  or  license $25.00 

Violations  involving  the  failure  to  keep  a  dog 
under  restraint  by  leash  or  otherwise,  or  confined 
within  the  real  property  limits  of  its  owner  [$25.00]    $50.00 

Violations  involving  failure  to  exercise  proper 
care  and  control  over  animals  to  prevent  them  from 
becoming  a  public  nuisance [$25.00]    $50.00 

Violations  involving  the  failure  to  keep  a  female 
dog  or  cat  in  heat  confined  in  a  building  or  secure 
enclosure  so  that  such  female  dog  or  cat  cannot 
come  into  contact  with  a  male  dog  or  cat _ $25.00 


$50.00 


Violations  involving  the  failure  to  keep  every 
vicious  or  dangerous  animal  confined  within  a  build- 


412  ORDINANCES  Ord.  No.  724 

ing  or  secure  enclosure,  or  securely  cage  or  muzzled 
and  leashed  whenever  off  the  premises  of  the 
owner    [$25.00]    $50.00 

Violations  involving  the  abandonment  of  an  ani- 
mal by  its  owner [$25.00]    $50.00 

Violations  involving  the  failure  of  a  motor  vehicle 
operator  who  strikes  a  domestic  animal  to  stop  at 
once  and  render  assistance  and  to  immediately  re- 
port such  injury  or  death  to  the  animal's  owner 
and  to  the  Baltimore  City  Police  Department $25.00 

Violations  involving  the  exposure  of  any  known 
poisonous  substance,  except  rat  poison  approved  by 
the  Commissioner  of  Health,  so  that  the  same  shall 
be  liable  to  be  eaten  by  any  animal $25.00 

Violations  involving  the  failure  of  an  owner  of 
any  animal  who  has  bitten,  scratched  or  exposed 
any  person  to  a  possible  rabies  infection  to  report 
such  facts  to  the  Commissioner  of  Health  and  the 
Baltimore  City  Police  Department  and  to  confine 
and  to  have  said  animal  examined  as  the  Commis- 
sioner of  Health  shall  direct  [$25.00]    $50.00 

111  B;   146.     Issue  of  citation  when  prior  legal  notice  is 
required. 

4£>  Vitiation  e£  Sections  16D(a),  4^h  46E(a),  161(a), 
4b4r  Uh  -Wr  16J(a),  4b)r  16K(a),  Wt  16L(a),  4&h  as4 
lCM(a>  e£  the  Animal  Control  Ordinance,  Ordinance  1Q&, 
approved  August  2^  1974,  as  amendeek- 

(5)  VIOLATIONS  OF  SECTIONS  27(A),  (E),  28(A), 
32(A),  (B),  (D),  (E),  33(A),  (B).  34(A),  (B),  35(A), 
(B),  AND  36(A)  OF  THIS  SUBTITLE: 

Violations  involving  the  failure  of  an  owner  to 
obtain  a  license  for  any  dog  over  four  (4)  months 
of  age  [$10.00]    $25.00 

Violations  involving  the  failure  of  an  owner  to 
have  an  identification  tag  or  collar  on  his  dog  when 
out  of  doors  [$10.00]    $25.00 


ORDINANCES  413 

Violations  involving  the  failure  to  obtain  a  permit 
to  operate  a  kennel,  commercial  animal  establish- 
ment, veterinary  hospital,  animal  clinic,  or  animal 
shelter  $25.00 

Violations  involving  the  failure  of  an  owner  to 
provide  his  animals  with  sufficient  wholesome  food 
and  water,  proper  shelter  and  protection  from  the 
weather,  veterinary  care  when  needed  to  prevent 
suffering,  and  humane  care  and  treatment,  including 
sufficient  exercise  space $25.00 

Violations  involving  the  actions  of  any  person  to 
beat,  cruelly  ill  treat,  torment,  overload,  overwork, 
or  otherwise  abuse  any  animal,  or  cause,  instigate 
or  permit  any  dog  fight,  cock  fight,  bull  fight,  or 
other  combat  between  animals  or  between  animals 
and  humans [$25.00]    $50.00 

Violations  involving  the  sale  of  chickens  or  duck- 
lings younger  than  eight  weeks  of  age  in  quantities 
of  less  than  twenty-five  to  a  single  purchaser $25.00 

Violations  involving  the  giving  away  of  any  live 
animal,  fish,  reptile  or  bird  as  a  prize  for,  or  as  an 
inducement  to  enter,  any  contest,  game,  or  other 
competition,  or  as  an  inducement  to  enter  a  place 
of  amusement;  or  offer  such  vertebrate  as  an  in- 
centive to  enter  into  any  business  agreement  where- 
by the  offer  was  for  the  purpose  of  attracting  trade    $25.00 

Violations  involving  the  possession  of  any  wild, 
vicious  or  dangerous  animal  for  display  or  for  ex- 
hibition purposes  [$20.00]    $50.00 

Violations  involving  the  failure  to  obtain  a  per- 
mit to  keep  any  wild  animal  as  a  pet [$20.00]    $50.00 

Violations  involving  a  performing  animal  exhi- 
bition or  circus  in  which  animals  are  induced  or 
encouraged  to  perform  through  the  use  of  chemical, 
mechanical,  electrical  or  manual  devices  in  a  manner 
which  will  cause,  or  is  likely  to  cause,  physical 
injury  or  suffering _ [$25.00]    $50.00 


414  ORDINANCES  Ord.  No.  724 

Violations  involving  the  failure  of  any  person 
who  owns  or  harbors  a  dog  or  cat  over  the  age  of 
four  months  to  obtain  a  valid  rabies  vaccina- 
tion        [$20.00]    $50.00 

Violations  involving  the  failure  of  any  owner  to 
remove  any  excreta  deposited  by  his  animal (s)  on 
public  walks,  recreation  areas  or  private  prop- 
erty       [$15.00]    $50.00 

Sec.  2.  And  be  it  farther  ordained,  That  Section  44P 
41  of  Article  11  of  the  Baltimore  City  Code  (4&SG  1976  Edi- 
tion), title  "Health",  subtitle  "Animal  Control",  as 
ordained  by  Ordinanco  Nor  708,  1974,  be  and  it  is  hereby 
repealed  and  reordained  with  amendments  to  read  as 
follows : 

Sec.  44Py  41,  Violation  Notice,  Hearing,  Appeal  and  Pen- 
alties. 

(a)  Whenever  the  Commissioner  of  Health  has  reason 
to  believe  that  a  provision  of  this  ordinance  has  been 
violated,  he  may  cause  written  notice  to  be  served  upon 
the  alleged  violator.  Such  notice  shall  specify  the  provision 
of  this  ordinance  alleged  to  have  been  violated  and  the 
facts  alleged  to  constitute  a  violation  and  shall  include 
and  order  that  corrective  action  be  taken  within  a  reason- 
able time  considering  the  corrective  action  to  be  taken 
as  specified  by  the  Commissioner  of  Health.  Any  such 
order  shall  become  final  at  the  expiration  of  the  notice 
unless  the  person  named  therein  requests  in  writing  a 
hearing. 

(b)  Upon  such  request,  the  Commissioner  of  Health  or 
his  designated  hearing  officer  shall  hold  a  hearing  at  which 
all  parties  shall  have  the  opportunity  to  be  represented  by 
legal  counsel.  Within  fifteen  (15)  days  following  the  hear- 
ing, the  Commissioner  of  Health  shall  issue  a  written 
opinion  affirming,  modifying  or  rescinding  his  order  pre- 
viously issued.  The  written  opinion  shall  state  the  evidence 
upon  which  the  decision  is  based  and  shall  include  a  notice 
of  the  right  of  any  aggrieved  party  to  enter  an  appeal  to 
the  Baltimore  City  Court. 


ORDINANCES  415 

(c)  If  corrective  action  is  not  taken  by  the  violator 
within  the  time  specified  in  an  order  made  pursuant  to 
subsection  (a)  above,  and  an  appeal  is  not  noted,  the  Com- 
missioner of  Health  may  institute  in  any  Court  of  competent 
jurisdiction  such  legal  proceedings  as  he  may  deem  neces- 
sary concerning  the  order. 

(d)  All  notices  of  violations  or  other  notices  shall  be 
served  by  registered  or  certified  mail,  or  in  person  by  the 
Sanitary  Enforcement  Officers  or  other  employees  of  the 
Baltimore  City  Health  Department. 

(e)  The  Commissioner  of  Health  shall  review  all  licenses 
issued  to  animal  owners  against  whom  three  or  more  ordi- 
nance violations  have  been  assessed  in  a  twelve-month 
period  and  consideration  shall  be  given  to  suspending  or 
revoking  such  licenses. 

(f )  Any  person  violating  any  provision  of  this  subtitle 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be 
punished  by  a  fine  of  not  less  than  Twenty-five  Dollars 
($25.00)  nor  more  than  five  Hundred  Dollars  ($500.00). 
If  any  violation  be  continuing,  each  day's  violation  shall  be 
deemed  a  separate  violation. 

(g)  In  addition  to  the  provisions  of  subsections  (a) -(f) 
of  this  section,  any  person  violating  Sections  16D,  16E, 

&  I  ,    <Co,    J.  Ua    ,    tvtTj    LvfvKv    A.  01  y    J.  Oif )    A.  Ox\.y    J.  0  J-iy    Or    J.  O  Ivl     *.<7  ,    3\J, 

AND  32,  33,  3J,,  35,  OR  36  of  this  subtitle  may  be  issued 
a  citation  and  fined  in  accordance  with  the  provisions  of 
Sections  177  A  and  177  B  145  AND  US  of  Article  19  of 
the  Baltimore  City  Code  (±&S£  1976  Edition),  as  amended 
from  time  to  time. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  June  7,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


416  ORDINANCES  Ord.  No.  725 

No.  725 
(Council  No.  1617) 

An  Ordinance  to  repeal  Ordinance  345,  approved  June  1, 
1973,  Ordinance  371,  approved  June  14,  1973,  Ordinance 
535,  approved  February  21,  1974,  Ordinance  794,  ap- 
proved February  10,  1975,  and  Ordinance  852,  approved 
April  10,  1975;  and  to  repeal  and  reordain,  with  amend- 
ments, Ordinance  138,  approved  July  30,  1976,  concerning 
reserved  parking  on  a  portion  of  the  south  side  of  Wilkes 
Lane  west  of  Calvert  Street. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Ordinance  345,  approved  June  1,  1973, 
Ordinance  371,  approved  June  14,  1973,  Ordinance  535,  ap- 
proved February  21,  1974,  Ordinance  794,  approved  February 
10,  1975,  and  Ordinance  852,  approved  April  10,  1975,  be  and 
they  are  hereby  repealed,  and  that  Ordinance  138,  approved 
July  30,  1976,  be  and  it  is  hereby  repealed  and  reordained, 
with  amendments,  to  read  as  follows : 

Wilkes  Lane,  southerly  side,  from  Calvert  Street  to  a 
point  35'  west  of  Calvert  Street — parking  reserved  for  dis- 
abled person,  Harry  L.  Chase. 

Wilkes  Lane,  southerly  side,  from  a  point  £59']  35'  west 
of  Calvert  Street  to  a  point  1791  59'  west  of  Calvert  Street 
— parking  reserved  for  disabled  person,  Samuel  A.  Tucker. 

Wilkes  Lane,  southerly  side,  from  a  point  179']  59'  west 
of  Calvert  Street  to  a  point  [1751  171'  west  of  Calvert 
Street — parking  reserved  for  vehicles  of  the  Public  De- 
fenders Office. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  7,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  417 

No.  726 
(Council  No.  1637) 

An  Ordinance  authorizing  and  providing"  for  the  issuance 
and  sale  by  Mayor  and  City  Council  of  Baltimore  of  its 
industrial  development  revenue  bond,  to  be  designated 
"City    of   Baltimore,    Maryland   Industrial   Development 
Revenue  Bond   (The  Mudge  Paper  Company  Project)", 
in  the  principal  amount  of  $1,000,000,  pursuant  to  the 
provisions  of  Sections  266A  to  266-1,  inclusive,  of  Article 
41  of  the  Annotated  Code  of  Maryland   (1978  Replace- 
ment Volume),  as  amended,  in  order  to  loan  the  proceeds 
thereof  to  The  Mudge  Paper  Company,  a  Maryland  cor- 
poration, for  the  sole  and  exclusive  purpose  of  financing 
the  acquisition  by  The  Mudge  Paper  Company  of  a  cer- 
tain industrial  building  in  the  City  of  Baltimore,  as  pro- 
vided in  this  Ordinance;  making  certain  legislative  find- 
ings, among  others,  concerning  the  public  benefit  and 
purpose  of  such  industrial  development  revenue  bond; 
providing  that  such  industrial  development  revenue  bond 
(a)   shall  be  payable  solely  and  only  from   (i)   revenue 
derived  from  payments  by  The  Mudge  Paper  Company 
to  Mayor  and  City  Council  of  Baltimore  on  account  of 
such  loan,    (ii)    any  and  all  moneys  realized  from  the 
sale   of  collateral    (including   such   industrial   building) 
for  such  loan,  and    (iii)    any  and  all  moneys  received 
under  the  guaranty  agreement  hereinafter  mentioned, 
and   (b)   shall  not  ever  constitute,  within  the  meaning 
of  any  constitutional  or  charter  provision  or  otherwise, 
(i)  an  indebtedness  of  Mayor  and  City  Council  of  Balti- 
more or  of  any  other  political   subdivision,   or    (ii)    a 
charge  against  the  general  credit  or  taxing  powers  of 
Mayor  and  City  Council  of  Baltimore;  authorizing  the 
private  (negotiated)  sale  of  such  industrial  development 
revenue  bond;  prescribing  certain  details  pertaining  to 
such    industrial    development    revenue    bond,    including 
(without  limitation)   (a)  the  amount,  date  and  maturity 
thereof,  (b)  the  interest  rate  to  be  paid  thereon,  (c)  the 
prepayment  provisions  relating  thereto,    (d)    the  form 
and   tenor  thereof,   and    (e)    the  terms  and  conditions 
thereof  and  security  therefor;  approving  the  form  and 
contents,  and  authorizing  the  execution  and  delivery,  of 


418  ORDINANCES  Ord.  No.  726 

various  documents  necessary  to  effectuate  the  aforemen- 
tioned borrowing  and  lending,  including  (a)  such  indus- 
trial development  revenue  bond,  (b)  the  loan  agreement 
between  Mayor  and  City  Council  of  Baltimore  and  The 
Mudge  Paper  Company  evidencing  the  aforesaid  loan, 
(c)  the  assignment  by  which  Mayor  and  City  Council  of 
Baltimore  assigns  its  rights  in  and  to  the  loan  agreement 
and  the  deed  of  trust  referred  to  below  as  security  for 
such  industrial  development  revenue  bond,  and  (d)  the 
trust  agreement  between  The  Mudge  Paper  Company  and 
certain  individual  trustees  designated  by  the  purchaser 
of  such  industrial  development  revenue  bond,  pursuant  to 
which  the  proceeds  of  such  loan  are  to  be  deposited  in 
trust  and  held,  invested  and  disbursed  by  such  indi- 
vidual trustee  as  therein  provided;  describing  and  au- 
thorizing approval  of  various  other  documents  necessary 
to  secure  and  guarantee  the  aforementioned  borrowing, 
including  (a)  the  deed  of  trust  between  The  Mudge 
Paper  Company  and  certain  individual  trustees  desig- 
nated by  the  purchaser  of  such  industrial  development 
revenue  bond,  covering  such  industrial  building  and  the 
land  appurtenant  thereto  as  security  for  such  loan,  and 
(b)  the  guaranty  agreement  to  be  executed  and  delivered 
by  The  Mudge  Paper  Company,  pursuant  to  which  The 
Mudge  Paper  Company  fully  and  unconditionally  guar- 
antees the  payment  of  the  principal  of  and  interest  on 
such  industrial  development  revenue  bond;  authorizing 
the  Commissioners  of  Finance  of  the  City  to  approve  the 
final  form  and  contents  of  such  industrial  development 
revenue  bond  and  such  other  documents;  and  generally 
providing  for  and  determining  various  matters  in  con- 
nection with  the  authorization,  issuance,  security,  sale, 
and  payment  of  such  industrial  development  revenue 
bond. 

RECITALS 
Sections  266A  to  266-1,  inclusive,  of  Article  41,  of  the 
Annotated  Code  of  Maryland  (1978  Replacement  Vol- 
ume), as  amended,  (the  "Act")  empowers  all  counties 
and  municipalities  of  the  State  of  Maryland  to  issue 
revenue  bonds  and  to  loan  the  proceeds  of  the  sale  of 
such  revenue  bonds  to  an  industrial  concern  to  finance 
the  acquisition  (as  denned  in  the  Act)  by  such  industrial 


ORDINANCES  419 

concern  of  industrial  buildings  (as  denned  in  the  Act). 
The  Act  declares  it  to  be  the  legislative  purpose  to  re- 
lieve conditions  of  unemployment  in  the  State,  to  en- 
courage the  increase  of  industry  and  a  balanced  economy 
in  the  State,  to  assist  in  the  retention  of  existing  in- 
dustry in  the  State  through  the  control,  reduction  or 
abatement  of  pollution  of  the  environment  (where  pro- 
ceeds of  the  bonds  are  used  for  that  purpose),  to  pro- 
mote economic  development,  to  protect  natural  resources 
and  in  this  manner  to  promote  the  health,  welfare  and 
safety  of  the  residents  of  each  of  the  counties  and  mu- 
nicipalities of  the  State  of  Maryland. 

Mayor  and  City  Council  of  Baltimore  (the  "City")  has 
determined  to  issue  and  sell  its  City  of  Baltimore,  Mary- 
land Industrial  Development  Revenue  Bond  (The  Mudge 
Paper  Company  Project),  in  the  principal  amount  of 
$1,000,000  (the  "Bond"),  and  to  loan  the  proceeds  of 
the  Bond  to  The  Mudge  Paper  Company,  a  Maryland 
corporation  (the  "Company"),  and  an  industrial  concern 
as  mentioned  in  the  Act,  on  the  terms  and  conditions  set 
forth  in  the  Loan  Agreement  to  be  entered  into  by  and 
between  the  City  and  the  Company  (the  "Loan  Agree- 
ment"), as  provided  by  this  Ordinance  (such  loan  being 
herein  referred  to  as  the  "Loan"),  in  order  to  finance 
the  acquisition  (within  the  meaning  of  the  Act)  by  the 
Company  of  a  certain  industrial  building  (within  the 
meaning  of  the  Act)  in  the  City  of  Baltimore  (the  "In- 
dustrial Building"),  in  order  to  relieve  conditions  of  un- 
employment in  the  State  of  Maryland  and  in  the  City  of 
Baltimore,  and  thus  encourage  economic  development, 
and  to  protect  the  health,  welfare  and  safety  of  the  citi- 
zens of  the  State  of  Maryland  and  the  City  of  Baltimore. 

The  Bond  will  be  sold  at  private  (negotiated)  sale  to 
Mercantile-Safe  Deposit  and  Trust  Company,  a  Mary- 
land banking  corporation  (the  "Bank"). 

The  Company  will  execute  and  deliver  to  the  Bank  as 
agent  for  the  holder  of  the  Bond  (hereinafter  defined) 
(a)  a  Deed  of  Trust  between  the  Company  and  certain 
individual  trustees  designated  by  the  Bank  (the  "Deed 
of  Trust"),  conveying  the  Industrial  Building  and  the 
land  appurtenant  thereto  to  such  trustees  as  security  for 
the  Loan;  and  (b)  a  Guaranty  Agreement  pursuant  to 


420  ORDINANCES  Ord.  No.  726 

which  the  Company  will  fully  and  unconditionally  guar- 
antee to  the  Bank  as  agent  for  the  holder  of  the  Bond 
the  payment  of  the  principal  of  and  interest  on  the  Bond. 

In  order  to  insure  that  the  proceeds  of  the  Bond  (and 
the  Loan)  will  be  used  for  the  purposes  set  forth  in  the 
Act,  the  Company  will  enter  into  a  Trust  Agreement 
with  certain  individual  trustees  designated  by  the  Bank 
(the  "Trust  Agreement"),  pursuant  to  which  the  pro- 
ceeds of  the  Loan  will  be  deposited  with  such  trustees 
and  held,  invested  and  disbursed  by  such  trustees  as 
therein  provided. 

This  Ordinance  authorizes  and  empowers  the  City  to 
enter  into  and  consummate  a  transaction  which  the  Com- 
pany proposed  to  the  City,  in  accordance  with  Section 
266B(d)  of  the  Act,  by  a  letter  of  intent  dated  December 
29,  1977,  (the  "Letter  of  Intent")  which  Letter  of  Intent 
was  accepted  by  the  Mayor  of  the  City  on  February  1, 
1978,  and  was  approved  by  the  Board  of  Estimates  of 
the  City  on  February  1,  1978,  with  a  subsequent  approval 
on  April  12,  1978  (approving  the  substitution  of  the 
Bank  in  place  of  Maryland  National  Bank,  as  the  pur- 
chaser of  the  Bond),  subject  to  the  passage  of  this 
Ordinance. 

NOW,  THEREFORE,  in  accordance  with  the  terms 
and  provisions  of  the  Act  and  the  Charter  of  Mayor  and 
City  Council  of  Baltimore : 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  acting  pursuant  to  the  Act,  it  is  hereby 
found  and  determined  as  follows : 

(1)  The  issuance  and  sale  of  the  Bond  by  the  City 
pursuant  to  the  Act  in  order  to  lend  the  proceeds  thereof 
to  the  Company  for  the  sole  and  exclusive  purpose  of  fi- 
nancing the  acquisition  (within  the  meaning  of  the  Act) 
of  the  Industrial  Building  will  facilitate  and  expedite  the 
acquisition  of  the  Industrial  Building  by  the  Company; 

(2)  The  acquisition  of  the  Industrial  Building  by  the 
Company  and  the  financing  thereof  as  provided  in  this 
Ordinance  will  promote  the  declared  legislative  purposes  of 
the  Act  by  (a)   sustaining  jobs  and  employment,  thus  re- 


ORDINANCES  421 

lieving  conditions  of  unemployment  in  the  State  of  Mary- 
land and  in  the  City  of  Baltimore;  (b)  encouraging  the 
increase  of  industry  and  a  balanced  economy  in  the  State 
of  Maryland  and  in  the  City  of  Baltimore;  (c)  assisting 
in  the  retention  of  existing  industry  in  the  State  of  Mary- 
land and  in  the  City  of  Baltimore;  (d)  promoting  economic 
development;  and  (e)  promoting  the  health,  welfare  and 
safety  of  the  residents  of  the  City  of  Baltimore  and  of  the 
State  of  Maryland. 

(3)  In  addition  to  authorizing  the  City  itself  to  acquire 
the  Industrial  Building  and  either  to  lease  or  to  sell  the 
same  to  the  Company,  the  Act  as  an  alternative  procedure, 
also  authorizes  industrial  building  financing  to  be  accom- 
plished in  the  form  of  a  loan  to  the  Company.  The  loan 
form  of  transaction  avoids  indirect  costs  and  burdens  on 
the  City  by  not  requiring  any  direct  involvement  by  the 
City  in  the  acquisition,  ownership  or  administration  of  the 
Industrial  Building,  while  permitting  ample  controls  to  be 
imposed  on  the  use  of  the  proceeds  of  the  Bond  to  insure 
that  the  public  purposes  of  the  Act  and  the  Bond  are  fully 
accomplished.  It  is,  therefore,  in  the  best  interests  of  the 
citizens  of  the  City,  to  finance  the  acquisition  of  the  In- 
dustrial Building  by  a  loan  to  the  Company.  This  Ordinance 
contemplates  and  authorizes  a  transaction  in  the  form  of  a 
loan  of  the  proceeds  of  the  Bond  by  the  City  to  the  Com- 
pany, rather  than  a  transaction  in  the  form  of  a  lease  or 
sale  of  the  Industrial  Building.  Accordingly,  this  Ordinance, 
together  with  the  Loan  Agreement  described  in  Section  11 
hereof,  contains  such  provisions  as  the  City  deems  appro- 
priate to  effect  the  financing  of  the  acquisition  by  the 
Company  of  the  Industrial  Building  by  the  loan  form  of 
transaction. 

(4)  Neither  the  Bond,  nor  the  interest  thereon,  will 
constitute  (a)  a  general  obligation  of  the  City,  or  (b)  a 
charge  against,  or  pledge  of  the  general  credit  or  taxing 
powers  of  the  City,  or  (c)  a  debt  of  the  City,  all  within 
the  meaning  of  Section  7  of  Article  XI  of  the  Constitution 
of  Maryland  or  any  other  constitutional,  statutory  or  char- 
ter provision  or  limitation,  and  neither  shall  ever  consti- 
tute or  give  rise  to  any  pecuniary  liability  on  the  part  of 
the  City.  The  principal  of  and  interest  on  the  Bond  shall 
be  payable  from,  and  secured  by,  (a)  an  assignment  of  (i) 


422  ORDINANCES  Ord.  No.  726 

the  revenues  realized,  and  the  collateral  pledged,  under  the 
Loan  Agreement,  (ii)  the  City's  right,  title  and  interest 
in  and  to,  and  remedies  under,  the  Deed  of  Trust,  and  (iii) 
any  and  all  moneys  received  under  the  Guaranty  Agree- 
ment. The  principal  amount  of  the  Loan  and  the  repay- 
ments to  be  made  by  the  Company  pursuant  to  the  Loan 
Agreement  authorized  hereby  will  be  paid  directly  to  the 
Bank  to  be  held  and  disbursed  by  the  Bank  as  agent  for 
the  holder  of  the  Bond  as  provided  in  this  Ordinance.  No 
such  moneys  will  be  commingled  with  the  City's  funds  or 
will  be  subject  to  the  absolute  control  of  the  City,  but  only 
to  such  limited  supervision  and  checks  as  are  deemed 
necessary  or  desirable  by  the  City  to  insure  that  the  pro- 
ceeds of  the  Bond  are  used  to  accomplish  the  public  pur- 
poses of  the  Act  and  this  Ordinance.  The  transactions  au- 
thorized hereby  do  not  constitute  the  acquisition  of  prop- 
erty for  public  use  or  the  purchase  of  equipment  for  public 
use.  The  public  purposes  expressed  in  the  Act  are  to  be 
achieved  by  facilitating  the  acquisition  of  the  Industrial 
Building  by  the  Company. 

(5)  The  City  will  acquire  no  interest  in  the  Industrial 
Building  other  than  the  interest  granted  under  the  Deed 
of  Trust  and  the  Loan  Agreement  and  any  general  interest 
in  the  Company's  property  shared  by  all  holders  of  the 
Company's  obligations  which  rank  and  are  secured  equally 
with  the  Company's  obligation  pursuant  to  the  Loan  Agree- 
ment. The  security  for  the  Bond  shall  be  solely  and  ex- 
clusively (a)  the  absolute,  irrevocable  and  unconditional 
obligation  of  the  Company  to  make  the  payments  required 
by  the  Loan  Agreement,  (b)  moneys  realized  from  any  and 
all  collateral  (including  the  Industrial  Building)  pledged 
as  security  for  the  Loan,  and  (c)  the  full  and  unconditional 
guaranty  by  the  Company  of  the  payment  of  the  principal 
of  and  interest  on  the  Bond. 

(6)  None  of  the  receipts  and  revenues  of  the  City  from 
the  Loan  Agreement  shall  be  set  aside  as  a  depreciation 
account  (mentioned  in  the  Act),  since  neither  the  City  nor 
the  Bank  desire,  or  are  creating,  any  interest  in  the  In- 
dustrial Building  (other  than  the  interest  created  under 
the  Deed  of  Trust  and  the  Loan  Agreement  and  any  in- 
terest shared  by  all  holders  of  the  Company's  obligations 
ranking  on  a  parity  with  the  Company's  obligation  pursuant 


ORDINANCES  423 

to  the  Loan  Agreement) .  Such  a  depreciation  account  would 
(i)  be  inconsistent  with  the  transaction  authorized  hereby, 
and  (ii)  place  an  unreasonable  burden  on  the  Company  so 
as  to  adversely  affect  the  feasibility  of  the  transaction 
and  thus  frustrate  the  legislative  purposes  of  the  Act. 

(7)  The  best  interests  of  the  City  will  be  served  by  sell- 
ing the  Bond  to  the  Bank  at  private  (negotiated)  sale,  as 
authorized  by  the  Act,  upon  terms  and  conditions  approved 
by  the  City  as  set  forth  in  this  ordinance. 

Sec.  2.  Be  it  further  ordained,  That  the  following  terms 
shall  have  the  following  meanings  for  all  purposes  of  this 
Ordinance,  unless  the  context  clearly  otherwise  requires: 

"Acquisition"  or  "acquisition"  means,  when  used  in  re- 
gard to  the  Industrial  Building,  the  acquisition  of  the  In- 
dustrial Building  as  such  meaning  is  intended  in  the  Act, 
and  shall  include,  where  applicable,  and  without  limitation, 
the  purchase,  construction,  rehabilitation,  remodeling,  ex- 
tension, equipping  and  permanent  improvement  of  the  In- 
dustrial Building. 

"Act"  means  Chapter  352  enacted  by  the  1972  Session 
of  the  General  Assembly  of  Maryland,  as  amended,  being 
Sections  266A  to  266-1,  inclusive,  of  Article  41  of  the  An- 
notated Code  of  Maryland  (1978  Replacement  Volume),  as 
amended. 

"Assignment"  means  the  Assignment  by  which  the  City 
assigns  to  the  Bank  as  agent  for  the  holder  of  the  Bond  all 
of  its  right,  title  and  interest  in  and  to,  and  remedies  under, 
the  Loan  Agreement  and  moneys  due  and  to  become  due 
thereunder,  and  all  collateral  pledged  thereunder,  and  all 
of  its  right,  title  and  interest  in  and  to,  and  remedies  under, 
the  Deed  of  Trust,  all  as  set  forth  therein,  which  Assign- 
ment shall  be  substantially  in  the  form  set  forth  in  Section 
12  of  this  Ordinance. 

"Bank"  means  Mercantile-Safe  Deposit  and  Trust  Com- 
pany, a  Maryland  banking  corporation,  its  successors  and, 
except  for  a  subsequent  purchaser  of  the  Bond,  its  assigns. 

"Bank  as  agent  for  the  holder  of  the  Bond"  means  the 
Bank  acting  in  its  fiduciary  capacity  as  agent  for  the  holder 


424  ORDINANCES  Ord.  No.  726 

of  the  Bond,  performing  the  functions  described  in  this 
Ordinance  and  in  the  Assignment. 

"Bond"  means  the  City's  City  of  Baltimore,  Maryland 
Industrial  Development  Revenue  Bond  (The  Mudge  Paper 
Company  Project)  in  the  principal  amount  of  $1,000,000 
to  be  issued  and  sold  pursuant  to  this  Ordinance  without 
pecuniary  liability  on  the  part  of  the  City  as  therein  set 
forth,  which  Bond  shall  be  substantially  in  the  form  set 
forth  in  Section  3  of  this  Ordinance.  In  the  event  the  Bond 
is  at  any  time  exchanged  for  serial  bonds  as  set  forth  in 
Section  9  of  this  Ordinance,  then,  and  in  that  event,  the 
term  "Bond"  shall  mean  such  serial  bonds. 

"City"  means  Mayor  and  City  Council  of  Baltimore,  a 
body  politic  and  corporate  and  a  political  subdivision  of 
the  State  of  Maryland,  its  successors  and  assigns. 

"Company"  means  The  Mudge  Paper  Company,  a  Mary- 
land corporation,  its  successors  and  permitted  assigns. 

"Deed  of  Trust"  means  the  first  lien  Deed  of  Trust  to  be 
dated  as  of  the  date  of  delivery  of  the  Bond,  between  the 
Company  and  certain  individual  trustees  designated  by  the 
Bank,  covering  the  Industrial  Building  (including  the  land 
appurtenant  thereto)  as  security  for  the  Loan,  which  Deed 
of  Trust  shall  be  in  a  form  and  contain  such  provisions  as 
the  Mayor  COMMISSIONERS  OF  FINANCE  of  the  City 
shall  approve,  as  set  forth  in  Section  14  of  this  Ordinance. 

"Guaranty  Agreement"  means  the  Guaranty  Agreement 
to  be  dated  as  of  the  date  of  delivery  of  the  Bond,  to  be 
executed  and  delivered  to  the  Bank  by  the  Company  where- 
by the  Company  fully  and  unconditionally  guarantees  to 
the  Bank  as  agent  for  the  holder  of  the  Bond  the  payment 
of  the  principal  of  and  interest  on  the  Bond.  The  Guaranty 
Agreement  shall  be  in  such  form  and  contain  such  provi- 
sions as  the  Mayor  COMMISSIONERS  OF  FINANCE  of 
the  City  shall  approve,  as  set  forth  in  Section  15  of  this 
Ordinance. 

"Holder  of  the  Bond"  or  "holder  of  the  Bond"  means  the 
registered  owner  of  the  Bond,  which  may  be  the  Bank. 

"Industrial  Building"  means  the  Industrial  Building  more 
particularly  described  in  Exhibit  A  attached  to,  and  made 


ORDINANCES  425 

a  part  of,  the  Loan  Agreement,  and  is  intended  to  have  the 
meaning  ascribed  to  the  term  "industrial  buildings"  in  the 
Act,  and  shall  also  include  the  land  appurtenant  to  such 
Industrial  Building. 

"Loan"  means  the  Loan  in  the  principal  amount  of 
$1,000,000  made  by  the  City  to  the  Company  and  evidenced 
by  and  described  in  the  Loan  Agreement. 

"Loan  Agreement"  means  the  Loan  Agreement  evidenc- 
ing and  securing  the  Loan,  to  be  executed  by  the  City  and 
the  Company  and  to  be  dated  as  of  the  date  of  delivery  of 
the  Bond.  The  Loan  Agreement  shall  be  substantially  in  the 
form  set  forth  in  Section  11  of  this  Ordinance. 

"Ordinance"  means  this  Ordinance. 

"Trust  Agreement"  means  the  Trust  Agreement  to  be 
dated  as  of  the  date  of  delivery  of  the  Bond,  between  the 
Company  and  certain  individual  trustees  designated  by  the 
Bank,  pursuant  to  which  the  proceeds  of  the  Loan  are  to  be 
deposited  in  trust  with  the  Trustees  (hereinafter  denned), 
and  held,  invested  and  disbursed  by  the  Trustees  as  therein 
provided.  The  Trust  Agreement  shall  be  substantially  in 
the  form  set  forth  in  Section  13  of  this  Ordinance. 

"Trustees"  means  the  individual  trustees  designated  by 
the  Bank  and  acting  as  Trustees  under  the  Trust  Agree- 
ment, or  their  successors  in  trust  who  may  be  acting  under 
and  pursuant  to  the  Trust  Agreement  from  time  to  time. 

Sec.  3.  Be  it  further  ordained.  That,  subject  to  the  pro- 
visions of  this  Ordinance,  the  City  is  authorized  and  em- 
powered, pursuant  to  the  Act,  to  issue  and  sell  its  City  of 
Baltimore,  Maryland  Industrial  Development  Revenue  Bond 
(The  Mudge  Paper  Company  Project)  in  the  principal 
amount  of  $1,000,000,  such  Bond  to  be  solely  and  exclu- 
sively payable  from  the  revenue  derived  by  the  City  from 
payments  on  the  Loan  by  the  Company,  and  secured  by  the 
Assignment  and  the  Guaranty  Agreement,  as  provided 
herein  and  therein.  The  Bond  shall  be  designated  "City  of 
Baltimore,  Maryland  Industrial  Development  Revenue  Bond 
(The  Mudge  Paper  Company  Project)",  and  shall  be  dated 
as  of  June  1,  1978. 

The  Bond  shall  bear  interest  on  the  unpaid  principal 
amount  thereof,  commencing  on  the  date  of  its  delivery, 


426  ORDINANCES  Ord.  No.  726 

at  the  rate  of  6Vfe%  per  annum  (calculated  on  the  basis  of 
a  360-day  year  factor  applied  to  actual  days  elapsed)  ;  pro- 
vided, however,  that  during  any  period  in  which  the  interest 
payable  on  the  Bond  is  includible  in  the  gross  income  (as 
denned  in  Section  61  of  the  Internal  Revenue  Code  of  1954, 
as  amended)  of  the  holder  of  the  Bond,  the  rate  of  interest 
payable  on  the  unpaid  principal  amount  of  the  Bond  shall 
be  increased  to  the  rate  of  10%%  per  annum  (calculated 
on  the  basis  of  a  360-day  year  factor  applied  to  actual 
days  elapsed). 

The  principal  of  and  interest  on  the  Bond  shall  be  pay- 
able in  lawful  money  of  the  United  States  of  America  at 
the  time  of  payment  as  follows : 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of  Jan- 
uary and  July  in  each  year,  commencing  on  January  1, 
1979,  continuing  to  and  including  July  1,  1994,  or  until  the 
principal  amount  shall  have  been  paid  in  full ; 

(b)  commencing  on  July  1,  1979,  continuing  to  and  in- 
cluding July  1,  1994,  the  principal  amount  shall  be  paid  in 
31  equal,  consecutive  semi-annual  installments  of  $32,258.06 
each,  payable  on  the  first  days  of  January  and  July  in 
each  year; 

(c)  the  Bond  will  mature,  and  the  entire  unpaid  bal- 
ance of  the  principal  thereof  and  all  accrued  and  unpaid 
interest  thereon  shall  be  due  and  payable  on  July  1,  1994; 
and 

(d)  all  payments  received  shall  be  applied  first  to  in- 
terest and  the  balance  to  principal. 

The  Bond,  which  may  be  printed  or  typewritten,  shall  be 
substantially  in  the  following  form,  and  the  form,  with 
such  changes  therein  (including  the  prepayment  record  to 
be  attached)  as  the  Commissioners  of  Finance  of  the  City 
shall  approve,  and  all  of  the  covenants  and  conditions 
therein  contained,  is  hereby  adopted  by  the  City  as  and  for 
the  form  and  tenor  of  the  obligation  to  be  incurred  by  it, 
and  such  covenants  and  conditions,  including  the  promise 
to  pay  therein  contained,  are  hereby  made  binding  upon 
the  City. 


ORDINANCES  427 

FORM  OF  BOND 
$1,000,000  June  1,  1978 

UNITED  STATES  OF  AMERICA 

STATE  OF  MARYLAND 

CITY  OF  BALTIMORE,  MARYLAND 

INDUSTRIAL  DEVELOPMENT  REVENUE  BOND 

(THE  MUDGE  PAPER  COMPANY  PROJECT) 

FOR  VALUE  RECEIVED,  Mayor  and  City  Council  of 
Baltimore,  a  body  politic  and  corporate  and  a  political  sub- 
division of  the  State  of  Maryland  (the  "City"),  hereby 
promises  to  pay,  solely  from  the  special  fund  provided 
therefor  as  below  set  forth,  to  Mercantile-Safe  Deposit 
and  Trust  Company  or  its  successor  (the  "Bank"),  or  its 
registered  assigns,  the  principal  sum  of  ONE  MILLION 
DOLLARS,  with  interest  on  the  unpaid  principal  amount 
hereof  from  ,  1978,  at  the  rate  of  6%%   per 

annum  (calculated  on  the  basis  of  a  360-day  year  factor 
applied  to  actual  days  elapsed) ;  provided,  however,  that 
during  any  period  in  which  the  interest  payable  on  the 
Bond  is  includible  in  the  gross  income  (as  defined  in  Section 
61  of  the  Internal  Revenue  Code  of  1954,  as  amended)  of 
the  holder  of  the  Bond,  the  rate  of  interest  payable  on  the 
unpaid  principal  amount  hereof  shall  be  at  the  rate  of 
10%%  per  annum  (calculated  on  the  basis  of  a  360-day 
year  factor  applied  to  actual  days  elapsed). 

The  principal  hereof  and  interest  hereon  shall  be  paid 
in  lawful  money  of  the  United  States  of  America  at  the 
time  of  payment  as  follows : 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of  Jan- 
uary and  July  in  each  year,  commencing  on  January  1, 
1979,  continuing  to  and  including  July  1,  1994,  or  until  the 
principal  amount  shall  have  been  paid  in  full ; 

(b)  commencing  on  July  1,  1979,  continuing  to  and 
including  July  1,  1994  the  principal  amount  shall  be  paid  in 
31  equal,  consecutive  semi-annual  installments  of  $32,258.06 
each,  payable  on  the  first  days  of  January  and  July  in 
each  year; 

(c)  this  Bond  will  mature,  and  the  entire  unpaid  bal- 
ance of  the  principal  hereof  and  all  accrued  and  unpaid 


428  ORDINANCES  Ord.  No.  726 

interest  hereon  shall  be  due  and  payable  on  July  1,  1994; 
and 

(d)  all  payments  received  shall  be  applied  first  to  in- 
terest and  the  balance  to  principal. 

This  Bond  is  issued  pursuant  to  the  authority  of  Sections 
266A  to  266-1,  inclusive,  of  Article  41  of  the  Annotated 
Code  of  Maryland  (1978  Replacement  Volume),  as  amended 
(the  "Act"),  and  pursuant  to  and  under  the  authority  of 
an  Ordinance  of  the  City,  approved  by  the  Mayer  of  the 
City   on  ,   1978    (the   "Ordinance").   Reference 

is  hereby  made  to  the  Ordinance  for  the  provisions,  among 
others,  with  respect  to  (a)  the  nature  and  extent  of  the 
security  for  this  Bond,  (b)  the  rights,  duties  and  obliga- 
tions of  the  City  and  the  Bank  (both  in  its  individual  cor- 
porate capacity  and  as  agent  for  the  holder  of  this  Bond), 

(c)  the  terms  upon  which  this  Bond  is  issued  and  secured, 

(d)  the  modification  or  amendment  of  any  of  the  foregoing 
or  of  the  Loan  Agreement  (hereinafter  defined),  and  (e) 
the  obligation  of  the  holder  hereof  to  indemnify  the  Bank 
under  certain  circumstances;  and,  by  the  acceptance  of 
this  Bond,  the  holder  hereof  assents  to  all  of  the  provi- 
sions of  the  Ordinance  and  agrees  to  be  bound  thereby. 

This  Bond  is  issued  for  the  purpose  of  financing,  in  whole 
or  in  part,  the  cost  of  the  acquisition  (as  defined  in  the 
Act)  by  The  Mudge  Paper  Company,  a  Maryland  corpora- 
tion (the  "Company")  of  a  certain  industrial  building  (as 
defined  in  the  Act)  in  the  City  of  Baltimore  (the  "Indus- 
trial Building")  and  paying  expenses  incidental  thereto  so 
as  to  help  relieve  conditions  of  unemployment,  to  encourage 
the  increase  of  industry,  and  to  help  achieve  a  balanced 
economy  in  the  State  of  Maryland  and  in  the  City  of 
Baltimore. 

This  Bond  is  a  limited  obligation  of  the  City,  and  the 
principal  hereof  and  interest  hereon  are  payable  solely 
from  (i)  the  moneys  to  be  derived  by  the  City  under  a 
Loan  Agreement  dated  ,  1978,  between  the  City 

and  the  Company  (the  "Loan  Agreement"),  and  the  col- 
lateral pledged  thereunder,  pursuant  to  which  the  proceeds 
of  the  issuance  and  sale  hereof  are  being  loaned  by  the 
City  to  the  Company  for  the  purpose  of  providing  the 
aforesaid  financing,  (ii)  any  and  all  moneys  realized  from 


ORDINANCES  429 

the  sale  of  collateral  (including  the  Industrial  Building) 
pledged  as  security  for  such  loan,  (iii)  any  and  all  moneys 
received  under  the  Guaranty  Agreement  dated  , 

1978,  between  the  Company  and  the  Bank,  and  (iv)  moneys 
derived  from  all  other  security  referred  to  in  the  Ordinance. 
Neither  this  Bond  nor  the  interest  payable  hereon  shall 
ever  constitute  an  indebtedness  or  a  charge  against  the 
general  credit  or  taxing  powers  of  the  City  within  the 
meaning  of  any  constitutional  provision  or  statutory  or 
charter  limitation,  and  neither  shall  ever  constitute  or  give 
rise  to  any  pecuniary  liability  of  the  City. 

Pursuant  to  the  Loan  Agreement,  payments  sufficient  for 
the  prompt  payment  when  due  of  the  principal  of  and 
interest  on  this  Bond  are  to  be  paid  by  the  Company  di- 
rectly to  the  Bank,  to  be  held  by  the  Bank  as  agent  for  the 
holder  of  this  Bond,  in  a  separate  and  special  fund  created 
by  Section  4  of  the  Ordinance,  to  be  used  by  the  Bank  as 
agent  for  the  holder  of  the  Bond,  for  the  payment  of  the 
principal  of  and  interest  on  this  Bond. 

The  City  may  under  certain  circumstances  prescribed  in 
Section  7  of  the  Ordinance  be  required  to  pay  (but  only 
out  of  amounts  made  available  to  the  City  by  the  Company 
or  others  for  such  purposes)  all  or  part  of  the  principal  of 
this  Bond  (plus  accrued  and  unpaid  interest)  before  ma- 
turity upon  the  terms  provided  in  Section  7  of  the  Ordi- 
nance. In  the  event  of  partial  prepayment,  the  holder 
hereof  shall  surrender  this  Bond  to  the  Bond  Registrar 
(hereinafter  referred  to),  for  notation  hereon  that  this 
Bond,  to  the  extent  of  the  amount  prepaid,  has  been  par- 
tially prepaid.  In  the  event  of  a  partial  prepayment  of  this 
Bond,  the  sum  applied  to  the  prepayment  shall  be  applied 
to  the  prepayment  of  the  semi-annual  installments  hereof 
in  the  inverse  order  of  their  payment  dates,  except  for 
certain  prepayments  which,  pursuant  to  Section  7  of  the 
Ordinance,  shall  be  applied  to  the  pro  rata  payment  of  all 
remaining  semi-annual  installments  so  that  each  remaining 
semi-annual  installment  hereof  shall  be  reduced  by  an 
amount  equal  to  the  amount  of  such  prepayment  divided 
by  the  number  of  then  remaining  semi-annual  installments 
hereof.  Reference  is  hereby  made  to  Section  7  of  the  Ordi- 
nance for  the  provisions  relating  to  the  prepayment  of  this 
Bond,   and,   by  the  acceptance  of  this  Bond,   the  holder 


430  ORDINANCES  Ord.  No.  726 

hereof  assents  to  such  prepayment  provisions  and  agrees  to 
be  bound  thereby. 

Notice  of  any  such  prepayment  shall  be  given  at  least 
two  (2)  banking  days  prior  to  the  prepayment  date  by 
mailing  and  telegraphing  to  the  registered  owner  of  this 
Bond  a  notice  fixing  such  prepayment  date,  the  amount  of 
principal  to  be  prepaid,  the  interest  to  be  paid  through  the 
prepayment  date  and  the  amount  of  any  premium  or  addi- 
tional interest  payable  on  the  prepayment  date.  The  notice 
required  herein  to  be  given  may  be  waived  by  the  registered 
owner  of  this  Bond. 

All  payments  hereunder  shall  be  made  in  immediately 
available  funds  at  the  office  of  Mercantile-Safe  Deposit 
and  Trust  Company,  2  Hopkins  Plaza,  Baltimore,  Mary- 
land 21201.  If  any  principal  or  interest  payable  hereon 
falls  due  on  any  day  other  than  a  banking  day  at  the  Bank, 
then  such  payment  date  shall  be  extended  to  the  next 
succeeding  full  banking  day. 

In  the  event  any  installment  of  principal  or  payment  of 
interest,  or  both,  as  hereinabove  provided  is  not  paid  when 
due  and  payable,  such  installment  of  principal  or  payment 
of  interest,  or  both,  shall  bear  interest  (which  shall  com- 
mence to  accrue  on  the  7th  day  following  the  day  on  which 
such  installment  or  payment  was  due  and  payable)  at  the 
rate  of  eleven  per  centum  (11%)  per  annum  until  paid. 

This  Bond  shall  be  registered  as  to  both  principal  and 
interest.  The  Treasurer  of  the  City  shall  serve  as  Bond 
Registrar,  and  he  shall  keep  at  his  principal  office,  for  so 
long  as  this  Bond  remains  outstanding,  books  for  the  regis- 
tration and  transfer  hereof.  When  used  herein,  the  term 
"holder  of  this  Bond"  shall  mean  the  registered  owner  from 
time  to  time  of  this  Bond,  and  the  initial  holder  of  this 
Bond  shall  be  the  Bank. 

This  Bond  shall  be  transferable  only  upon  the  books 
maintained  by  the  Bond  Registrar  by  the  registered  owner 
hereof  in  person  or  by  his  attorney  duly  authorized  in 
writing,  upon  surrender  hereof  together  with  a  written 
instrument  of  transfer  satisfactory  to  the  Bond  Registrar 
duly  executed  by  the  registered  owner  or  his  duly  au- 
thorized attorney.  This  Bond  is  a  "security"  within  the 


ORDINANCES  431 

meaning-  of  Title  8  of  the  Maryland  Uniform  Commercial 
Code,  and  notwithstanding  the  provisions  herein  contained 
for  registration,  is  and  shall  remain,  negotiable.  The  laws 
of  the  State  of  Maryland  shall  govern  the  construction  of 
this  Bond. 

The  City,  the  Bank  as  agent  for  the  holder  of  the  Bond, 
and  the  Bond  Registrar  may  deem  and  treat  the  person  in 
whose  name  this  Bond  shall  be  registered  as  the  absolute 
owner  hereof,  whether  this  Bond  shall  be  overdue  or  not, 
for  the  purpose  of  receiving  payment  of,  or  on  account  of, 
the  principal  of  and  interest  hereon  and  for  all  purposes, 
and  all  such  payments  so  made  to  such  registered  owner 
or  upon  his  order  shall  be  valid  and  effectual  to  satisfy  and 
discharge  the  liability  upon  this  Bond  to  the  extent  of  the 
sum  or  sums  so  paid,  and  neither  the  City  nor  the  Bank 
nor  the  Bond  Registrar  shall  be  affected  by  any  notice  to 
the  contrary. 

Within  60  days  after  receipt  of  a  written  request  from 
the  holder  of  this  Bond  (or  within  such  longer  period  as 
may  be  reasonably  required  for  the  authorization,  issuance 
and  preparation  of  bonds)  the  City  will  take  action  neces- 
sary to  cause  serial  bonds  to  be  duly  authorized  and  issued, 
to  the  extent  permitted  by  applicable  laws,  in  order  that 
this  Bond  may  be  exchanged  for  a  series  of  serial  bonds. 
Any  serial  bonds  so  authorized  and  issued  shall  be  sub- 
stantially in  the  same  form  as  this  Bond,  with  only  such 
changes  in  amounts,  dates  and  other  details  as  may  be 
necessary.  All  such  serial  bonds  shall  (a)  bear  interest  at 
the  same  rate,  and  (b)  be  ratably  and  equally  secured  by, 
and  entitled  to  the  benefits  of,  the  Ordinance  and  the  se- 
curity for  the  repayment  of  this  Bond  provided  for  therein. 
Any  expenses  incurred  by  the  City  in  authorizing  and 
issuing  any  such  serial  bonds  shall  be  paid  by  the  Company. 

IT  IS  HEREBY  CERTIFIED,  RECITED  AND  DE- 
CLARED that  all  conditions,  acts  and  things  required  by 
the  Constitution  and  laws  of  the  State  of  Maryland  and  the 
Charter  of  Mayor  and  City  Council  of  Baltimore,  to  exist, 
to  have  happened  and  to  have  been  performed  precedent  to 
and  in  the  execution  and  delivery  of  this  Bond  exist,  have 
happened,  and  have  been  performed,  and  that  the  issuance 
of  this  Bond,  together  with  all  other  obligations  of  the 


432  ORDINANCES  Ord.  No.  726 

City,  does  not  exceed  or  violate  any  constitutional  or  statu- 
tory debt  limitations. 

IN  WITNESS  WHEREOF,  MAYOR  AND  CITY  COUN- 
CIL OF  BALTIMORE,  has  caused  this  Bond  to  be  signed 
by  its  Mayor  by  his  manual  signature,  and  has  also  caused 
its  corporate  seal  to  be  hereunto  affixed  and  attested  by 
the  manual  signature  of  its  Deputy  Treasurer  all  as  of  the 
1st  day  of  June,  1978. 


ATTEST 


MAYOR  AND 

CITY  COUNCIL  OF  BALTIMORE 


- By _ 

Deputy  Treasurer  Mayor 

[CITY  SEAL] 


Sec.  4.  Be  it  further  ordained,  That  in  consideration  of 
the  purchase  and  acceptance  of  the  Bond  by  those  who 
shall  hold  the  same  from  time  to  time,  (i)  this  Ordinance 
shall  be  deemed  to  be  and  shall  constitute  a  contract  be- 
tween the  City  and  the  holder  from  time  to  time  of  the 
Bond;  (ii)  the  pledge  made  herein  and  the  covenants  to  be 
performed  by  or  on  behalf  of  the  City  shall  be  for  the 
benefit,  protection  and  security  of  the  holder  of  the  Bond; 
(iii)  the  City  does  hereby,  and  by  execution  of  the  Assign- 
ment hereinafter  approved,  set  aside  and  pledge  the  income 
and  revenue  of  the  Loan  Agreement  (other  than  payments 
to  be  made  to  the  City  pursuant  to  Sections  10.4,  12.2  and 
12.9  of  the  Loan  Agreement  and  the  fourth  literary  para- 
graph of  Section  5.3  of  the  Loan  Agreement)  to  the  Bank 
as  agent  for  the  holder  of  the  Bond  to  be  held  by  the  Bank 
as  agent  for  the  holder  of  the  Bond  in  a  separate  and  spe- 
cial fund  to  be  used  and  applied  for  the  payment  of  the 
principal  of  and  interest  on  the  Bond,  and  for  the  per- 
formance of  any  other  obligations  of  the  City  under  this 
Ordinance;  and  (iv)  the  pledge  herein  made  is  valid  and 
binding  from  the  time  when  the  Bond  is  issued,  and  the 
lien  of  such  pledge  shall  be  valid  and  binding  as  against 
all  parties  having  claims  of  any  kind  in  tort,  contract  or 
otherwise  against  the  City,  irrespective  of  whether  such 
parties  shall  have  notice  thereof. 


ORDINANCES  433 

Sec.  5.  Be  it  further  ordained,  That  simultaneously  with 
the  issuance  and  sale  of  the  Bond,  the  City  will,  pursuant 
to  the  terms  of  the  Loan  Agreement  and  the  Act,  lend  the 
proceeds  of  the  issuance  and  sale  thereof  to  the  Company 
to  be  applied  to  the  acquisition  of  the  Industrial  Building 
in  accordance  with  the  provisions  of  Section  4.3  of  the 
Loan  Agreement. 

The  proceeds  of  the  Bond  shall  be  advanced  to  the  Com- 
pany as  provided  in  the  Loan  Agreement,  and,  in  order  to 
insure  that  such  proceeds  will  be  used  for  the  purposes 
set  forth  in  the  Act,  the  Company  shall  deposit  such  pro- 
ceeds with  the  Trustees  under  the  Trust  Agreement,  who 
will  hold,  invest  and  disburse  such  proceeds  as  provided 
therein  and  in  Sections  4.3  through  4.6  of  the  Loan 
Agreement. 

Sec.  6.  Be  it  further  ordained.  That  the  City  covenants 
that  it  will  promptly  pay  the  principal  of  and  interest  on 
the  Bond,  and  premium,  if  any,  at  the  place,  on  the  dates 
and  in  the  manner  provided  in  this  Ordinance  and  in  the 
Bond  according  to  their  true  intent  and  meaning;  pro- 
vided that  the  Bond,  together  with  the  interest  thereon, 
shall  be  the  limited  obligation  of  the  City  payable  solely 
from  the  moneys  derived  from  (a)  the  Loan  Agreement 
and  the  sale  of  any  collateral  pledged  thereunder  and  under 
the  Deed  of  Trust,  (b)  the  Guaranty  Agreement  and  (c) 
all  other  security  referred  to  in  this  Ordinance,  and  shall 
be  a  valid  claim  of  the  holder  thereof  only  against  such 
moneys,  which  moneys  shall  be  used  for  no  other  purpose 
than  to  pay  the  principal  of  and  interest  on  the  Bond 
(except  as  may  be  otherwise  expressly  authorized  in  this 
Ordinance).  Neither  the  Bond  nor  the  interest  payable 
thereon  shall  ever  constitute  an  indebtedness  or  a  charge 
against  the  general  credit  or  taxing  powers  of  the  City 
within  the  meaning  of  any  constitutional  or  charter  pro- 
vision or  statutory  limitation  and  neither  shall  ever  consti- 
tute or  give  rise  to  any  pecuniary  liability  of  the  City. 

Sec.  7.  Be  it  further  ordained,  That  the  Bond  shall  be 
subject  to  prepayment  by  the  City  (but  only  from  moneys 
received  by  it  from  the  Company  or  others)  prior  to  its 
expressed  maturity  as  follows : 


434  ORDINANCES  Ord.  No.  726 

(a)  The  Bond  shall  be  prepaid,  on  any  interest  pay- 
ment date,  either  as  a  whole  at  any  time,  or  in  part  from 
time  to  time  in  an  amount  not  less  than  $50,000  (and  in 
multiples  of  $5,000),  upon  the  exercise  by  the  Company  of 
its  option  to  prepay  the  amounts  due  under  the  Loan  Agree- 
ment as  provided  in  Section  11.1  of  the  Loan  Agreement, 
at  a  prepayment  price  of  the  principal  amount  to  be  pre- 
paid, together  with  unpaid  interest  thereon  accrued  to  the 
date  fixed  for  prepayment,  without  payment  of  premium  or 
penalty. 

(b)  The  Bond  shall  be  prepaid,  as  a  whole  but  not  in 
part,  upon  the  occurrence  of  an  event  which  under  Section 
11.2  of  the  Loan  Agreement  obligates  the  Company  to  pre- 
pay amounts  due  under  the  Loan  Agreement.  Section  11.2 
of  the  Loan  Agreement  provides  that  the  Company  shall 
be  obligated  to  prepay  amounts  due  under  the  Loan  Agree- 
ment in  the  event  that  (i)  as  a  result  of  federal,  state  or 
local  constitutional,  legislative,  administrative  or  judicial 
action  the  Loan  Agreement  shall  have  become  void,  unen- 
forceable or  impossible  of  performance;  or  (ii)  the  Com- 
pany, or  its  permitted  successors  or  assigns,  shall,  for  any 
reason  whatsoever,  discontinue  the  use  and  occupancy  of 
the  Industrial  Building,  or  any  part  thereof,  for  its  in- 
tended purposes.  If  the  Bond  is  prepaid  pursuant  to  this 
Section  7(b),  the  prepayment  price  shall  be  equal  to  the 
outstanding  principal  amount  of  the  Bond  together  with 
unpaid  interest  on  the  Bond  accrued  to  the  date  fixed 
for  prepayment. 

(c)  The  Bond  shall  be  prepaid  in  part  in  the  event  that 
any  of  the  proceeds  of  the  Loan  remains  on  deposit  with 
the  Trustees  after  completion  of  the  acquisition  of  the  In- 
dustrial Building  as  set  forth  in  Section  4.3  of  the  Loan 
Agreement  and  in  the  Trust  Agreement,  and  any  such  pre- 
payment may  be  made  at  any  time  and  in  any  amount, 
without  premium  or  penalty  and  shall  be  applied  to  the 
prepayment  of  the  then  remaining  installments  of  principal 
of  the  Bond  proratably  so  that  each  remaining  installment 
of  principal  shall  be  reduced  by  an  amount  equal  to  the 
amount  of  such  prepayment  divided  by  the  number  of 
then  remaining  installments  of  principal  of  the  Bond. 

(d)  The  Bond  shall  be  prepaid,  as  a  whole  but  not  in 
part,  upon  any  occurrence  under  the  Loan  Agreement,  which 


ORDINANCES  435 

gives  the  City,  the  Bank  as  agent  for  the  holder  of  the 
Bond  or  the  holder  of  the  Bond  the  option  to  accelerate  the 
maturity  of  the  amounts  payable  under  the  Loan  Agree- 
ment, at  a  prepayment  price  equal  to  the  outstanding  prin- 
cipal amount  thereof  together  with  unpaid  interest  accrued 
to  the  date  of  prepayment. 

The  City  shall  prepay  the  outstanding  principal  amount 
of  the  Bond  (or  a  portion  thereof  in  the  event  of  partial 
prepayment),  the  interest  thereon  accrued  and  unpaid  to 
the  prepayment  date,  and  the  premium,  if  any,  imme- 
diately, and  only,  upon  receipt  by  the  City  of  any  sums 
payable  by  the  Company  under  the  Loan  Agreement  as  a 
result  of  the  occurrence  of  any  event  set  forth  in  (a) ,  (b) , 
(c)  or  (d)  above;  and  the  City  hereby  covenants  to  apply 
all  sums  so  received  by  it  for  such  purpose  to  the  prepay- 
ment of  the  Bond.  In  the  event  such  sums  are  not 
sufficient  to  provide  for  the  prepayment  of  the  entire  out- 
standing principal  amount  of  the  Bond,  such  sums  shall  be 
applied  to  the  prepayment  of  the  installments  of  principal 
of  the  Bond  in  the  inverse  order  of  the  semi-annual  install- 
ment payment  dates  (except  as  set  forth  in  (c)  above). 

In  the  event  of  a  partial  prepayment,  the  holder  of  the 
Bond  shall  surrender  the  Bond  to  the  Bond  Registrar 
(hereinafter  referred  to)  for  notation  thereon  that  the 
Bond,  to  the  extent  of  the  amount  prepaid,  has  been  par- 
tially   prepaid. 

Notice  of  any  prepayment  shall  be  given  at  least  two  (2) 
banking  days  prior  to  the  prepayment  date  by  mailing  or 
telegraphing  to  the  registered  owner  of  the  Bond  a  notice 
stating  the  prepayment  date,  the  amount  of  principal  to 
be  prepaid,  the  interest  to  be  paid  through  the  prepayment 
date  and  the  amount  of  any  premium  or  additional  interest 
payable  on  the  prepayment  date.  The  notice  may  be  waived 
by  the  registered  owner  of  the  Bond. 

Sec.  8.  Be  it  further  ordained,  That  payment  of  the  Bond 
and  the  interest  thereon  shall  be  made  to  the  registered 
owner  thereof  by  the  Bank  as  agent  for  the  holder  of  the 
Bond.  All  payments  of  principal,  interest  and  other  charges 
required  by  this  Ordinance  or  the  Bond  shall  be  made  at 
the  office  of  the  Bank,  2  Hopkins  Plaza,  Baltimore,  Mary- 


436  ORDINANCES  Ord.  No.  726 

land  21201,  in  lawful  money  of  the  United  States  of  Amer- 
ica, in  immediately  available  funds.  Interest  on  the  Bond 
shall  be  calculated  on  the  basis  of  a  360-day  year  factor 
to  be  applied  to  actual  days  elapsed.  If  any  principal  or 
interest  payment  on  the  Bond  falls  due  on  a  Saturday, 
Sunday  or  public  holiday  at  the  place  of  payment  thereof, 
then  such  date  shall  be  extended  to  the  next  succeeding 
full  banking  day  at  such  place. 

When  the  principal  of  and  interest  on  the  Bond  shall 
have  been  fully  paid,  the  Bond  shall  forthwith  be  sur- 
rendered to  the  Bond  Registrar  for  cancellation. 

Sec.  9.  Be  it  further  ordained,  That  the  Bond  shall  be 
registered  as  to  both  principal  and  interest.  The  Treasurer 
of  the  City  shall  serve  as  Bond  Registrar,  and  he  shall  keep 
at  his  principal  office,  for  so  long  as  the  Bond  remains 
outstanding,  books  for  the  registration  and  transfer  of  the 
Bond. 

The  Bond  shall  be  transferable  only  upon  the  books  main- 
tained by  the  Bond  Registrar  by  the  registered  owner 
thereof  in  person  or  by  his  attorney  duly  authorized  in 
writing,  upon  surrender  thereof  together  with  a  written  in- 
strument of  transfer  satisfactory  to  the  Bond  Registrar 
duly  executed  by  the  registered  owner  or  his  duly  au- 
thorized attorney. 

The  City,  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  the  Bond  Registrar  may  deem  and  treat  the  person  in 
whose  name  the  Bond  shall  be  registered  as  the  absolute 
owner  of  the  Bond,  whether  the  Bond  shall  be  overdue  or 
not,  for  the  purpose  of  receiving  payment  of,  or  on  account 
of,  the  principal  of  and  interest  on  the  Bond  and  for  all 
other  purposes,  and  all  such  payments  so  made  to  such 
registered  owner  or  upon  his  order  shall  be  valid  and 
effectual  to  satisfy  and  discharge  the  liability  upon  the 
Bond  to  the  extent  of  the  sum  or  sums  so  paid,  and  neither 
the  City  nor  the  Bank  nor  the  Bond  Registrar  shall  be 
affected  by  any  notice  to  the  contrary. 

Within  60  days  after  receipt  of  a  written  request  from 
the  holder  of  the  Bond  (or  within  such  longer  period  as 
may  be  reasonably  required  for  the  authorization,  issuance 


ORDINANCES  437 

and  preparation  of  such  bonds)  the  City  will  take  action 
necessary  to  cause  serial  bonds  to  be  duly  authorized  and 
issued,  to  the  extent  permitted  by  applicable  laws,  in  order 
that  the  Bond  may  be  exchanged  for  a  series  of  serial 
bonds.  Any  serial  bonds  so  authorized  and  issued  shall  be 
substantially  in  the  same  form  as  the  Bond  (as  set  forth 
in  Section  3  of  this  Ordinance),  with  only  such  changes  in 
amounts,  dates  and  other  details  as  may  be  necessary.  All 
such  serial  bonds  shall  (a)  bear  interest  at  the  same  rate, 
and  (b)  be  ratably  and  equally  secured  by,  and  entitled 
to  the  benefits  of,  this  Ordinance,  and  the  security  for  the 
repayment  of  the  Bond  provided  for  herein.  Any  expenses 
incurred  by  the  City  in  authorizing  and  issuing  any  such 
serial  bonds  shall  be  paid  by  the  Company.  The  term 
"Bond"  as  used  in  this  Ordinance  shall  be  deemed  to  include 
any  serial  bonds  so  authorized  and  issued. 

Sec.  10.  Be  it  further  ordained,  That  the  payments  re- 
quired to  be  made  by  the  Company,  as  set  forth  in  Section 
5.3  of  the  Loan  Agreement  (other  than  payments  due  to 
the  City  under  the  fourth  literary  paragraph  of  such  Section 
5.3),  shall  be  paid,  as  set  forth  in  the  Assignment,  directly 
to  the  Bank  as  agent  for  the  holder  of  the  Bond  at  its  offices 
at  2  Hopkins  Plaza,  Baltimore,  Maryland  21201,  and  held 
by  the  Bank  as  agent  for  the  holder  of  the  Bond  in  the 
separate  special  fund  referred  to  in  Section  4  (iii)  hereof 
in  trust  for  the  holder  of  the  Bond,  and  such  sums  shall 
be  withdrawn  and  applied  to  the  payment  of  the  principal 
of  and  interest  on  the  Bond  as  the  same  become  due. 

Sec.  11.  Be  it  further  ordained,  That  the  Loan  Agree- 
ment by  and  between  the  City  and  the  Company,  pursuant 
to  which  the  City  will  lend  $1,000,000  to  the  Company  for 
the  purpose  of  financing  the  acquisition  by  the  Company  of 
the  Industrial  Building,  shall  be  substantially  in  the  follow- 
ing form,  and  the  form  and  all  of  the  covenants  and  con- 
ditions therein  contained,  with  such  changes  therein  as  the 
Commissioners  of  Finance  of  the  City  shall  approve,  is 
hereby  adopted  by  the  City  as  and  for  the  form  and  tenor 
of  the  obligation  to  be  incurred,  and  such  covenants  and 
conditions  are  hereby  made  binding  upon  the  City. 


438  ORDINANCES  Ord.  No.  726 

FORM  OF  LOAN  AGREEMENT 
LOAN  AGREEMENT 

THIS  LOAN  AGREEMENT,  made  as  of  the  day 

of  ,  1978,  between  MAYOR  AND  CITY  COUNCIL 

OF  BALTIMORE,  a  body  politic  and  corporate  and  a  po- 
litical subdivision  of  the  State  of  Maryland,  (hereinafter 
called  the  "City"),  and  THE  MUDGE  PAPER  COMPANY, 
a  corporation  organized  and  existing-  under  the  laws  of  the 
State  of  Maryland  (hereinafter  called  the  "Company"). 

WITNESSETH: 

WHEREAS,  Chapter  352  of  the  1972  Session  of  the 
General  Assembly  of  Maryland,  as  amended,  being  Sections 
266A  to  266-1,  inclusive,  of  Article  41  of  the  Annotated 
Code  of  Maryland  (1978  Replacement  Volume),  as  amended 
(hereinafter  called  the  "Act"),  makes  legislative  findings 
that  conditions  of  unemployment  exist  in  many  areas  of 
the  State  of  Maryland;  the  development  of  new  commer- 
cial, industrial  and  manufacturing  plants  are  essential  to 
relieve  this  unemployment  and  to  establish  a  balanced 
economy  within  the  State  of  Maryland;  and  the  present 
and  prospective  health,  happiness,  safety,  right  of  gainful 
employment,  and  general  welfare  of  the  citizens  of  each 
of  the  counties  and  municipalities  of  the  State  of  Maryland 
will  be  promoted  by  the  establishment  of  industrial  build- 
ings; and 

WHEREAS,  the  Act  authorizes  the  municipalities  and 
counties  of  the  State  of  Maryland  to  issue  revenue  bonds 
for  the  purpose  of  providing  funds  to  pay  all  or  any  part 
of  the  cost  of  the  acquisition  (as  that  term  is  defined  in 
the  Act)  of  industrial  buildings  (as  that  term  is  defined  in 
the  Act),  and  to  lend  any  such  funds  to  an  industrial  con- 
cern, for  such  purposes  as  shall  effectuate  the  purposes  of 
the  Act,  under  a  loan  agreement  which  may  provide  that 
the  industrial  buildings  shall  become  the  property  of  the 
industrial  concern  upon  the  acquisition  thereof  and  may 
contain  such  other  terms  and  conditions  consistent  with 
the  Act  as  shall  be  agreed  upon ;  and 

WHEREAS,  the  Company  has  requested  the  City  to  pro- 
vide financing  for  the  acquisition  of  the  Industrial  Build- 


ORDINANCES  439 

ing  (hereinafter  defined)  to  be  located  within  the  City  of 
Baltimore;  and 

WHEREAS,  the  Company  has  represented  to  the  City 
that  the  Industrial  Building  is  suitable  for  and  will  be 
used  for  purposes  permitted  for  industrial  buildings  (as  the 
term  is  defined  in  the  Act) ;  and 

WHEREAS,  the  City  has  agreed,  upon  the  terms  and 
conditions  hereinafter  in  this  Loan  Agreement  set  forth, 
to  lend  funds  to  the  Company  to  be  used  for  the  purposes 
of  paying  the  cost  of  the  acquisition  of  the  Industrial 
Building  and  to  raise  such  funds  by  the  issuance  and  sale 
of  its  industrial  development  revenue  bond  pursuant  to  the 
Ordinance  (hereinafter  defined) ;  and 

WHEREAS,  the  industrial  development  revenue  bond 
issued  under  the  Ordinance  will  be  secured  by  (a)  an  as- 
signment of  the  City's  interest  in  (i)  this  Loan  Agree- 
ment, including  the  revenues  and  receipts  derived,  and  the 
collateral  pledged,  hereunder,  which  have  been  pledged 
under  the  Ordinance  to  the  Bank  (hereinafter  defined),  as 
agent  for  the  holder  of  the  industrial  development  revenue 
bond,  and  (ii)  the  Deed  of  Trust  (hereinafter  defined) ; 
and  (b)  by  the  Guaranty  Agreement  (hereinafter  defined). 

NOW,  THEREFORE,  in  consideration  of  the  representa- 
tions, warranties,  covenants,  terms  and  agreements  herein 
contained  and  other  good  and  valuable  consideration,  the 
receipt  and  sufficiency  of  which  are  hereby  acknowledged, 
the  parties  hereto  agree  as  follows;  provided,  that  in  the 
performance  of  the  agreements  of  the  City  herein  con- 
tained, any  obligation  it  may  incur  for  the  payment  of 
money  shall  not  create  a  pecuniary  liability  or  a  charge 
upon  its  general  credit  or  against  its  taxing  powers  but 
shall  be  payable  solely  out  of  the  proceeds  derived  from 
this  Loan  Agreement  and  the  sale  of  the  Bond  referred  to 
in  Section  4.2  hereof: 

ARTICLE  I. 

Definitions 

The  following  words  and  terms  as  used  in  this  Agree- 
ment shall  have  the  following  meanings  unless  the  con- 


440  ORDINANCES  Ord.  No.  726 

text  or  use  clearly  indicates  another  or  different  meaning 
or  intent: 

"Acquisition"  or  "acquisition"  means,  when  used  in  re- 
gard to  the  Industrial  Building,  the  acquisition  of  the  In- 
dustrial Building  as  such  meaning  is  intended  in  the  Act, 
and  shall  include,  where  applicable  and  without  limitation, 
the  purchase,  construction,  rehabilitation,  remodeling,  ex- 
tension, equipping  and  permanent  improvement  of  the  In- 
dustrial Building. 

"Acquisition  Period"  means  the  period  between  the  com- 
mencement of  the  Acquisition  of  the  Industrial  Building 
or  the  date  on  which  the  Bond  is  first  delivered  to  the 
Bank,  whichever  is  earlier,  and  the  Completion  Date  (here- 
inafter defined). 

"Act"  means  Chapter  352  enacted  by  the  1972  Session 
of  the  General  Assembly  of  Maryland,  as  amended,  being 
Sections  266A  to  266-1,  inclusive,  of  Article  41  of  the  An- 
notated Code  of  Maryland  (1978  Replacement  Volume),  as 
amended. 

"Agreement"  means  this  Loan  Agreement. 

"Assignment"  means  the  Assignment  of  even  date  here- 
with by  which  the  City  assigns  to  the  Bank  as  agent  for 
the  holder  of  the  Bond,  all  of  its  right,  title  and  interest 
in  and  to,  and  remedies  under,  this  Agreement  and  moneys 
due  and  to  become  due  to  the  City  hereunder  and  all  col- 
lateral pledged  hereunder,  and  all  of  its  right,  title  and 
interest  in  and  to,  and  remedies  under,  the  Deed  of  Trust 
(hereinafter  defined),  as  security  for  the  Loan  as  set  forth 
in  the  Assignment. 

"Authorized  City  Representative"  means  the  person  at 
the  time  designated  to  act  on  behalf  of  the  City  by  written 
certificate  furnished  to  the  Company  and  the  Bank  as  agent 
for  the  holder  of  the  Bond,  containing  the  specimen  signa- 
ture of  such  person  and  signed  on  behalf  of  the  City  by 
the  Mayor  of  the  City.  Such  certificate  may  designate  an 
alternate  or  alternates. 

"Authorized  Company  Representative"  means  the  person 
or  persons  at  the  time  designated  to  act  on  behalf  of  the 
Company  by  written  certificate  furnished  to  the  City  and 


ORDINANCES  441 

the  Bank  as  agent  for  the  holder  of  the  Bond,  containing 
the  specimen  signature  of  such  person  and  signed  on  be- 
half of  the  Company  by  its  President  or  one  of  its  Vice 
Presidents.  Such  certificate  may  designate  an  alternate 
or  alternates. 

"Bank"  means  Mercantile-Safe  Deposit  and  Trust  Com- 
pany, a  Maryland  banking  corporation,  and  its  successors 
and,  except  for  a  subsequent  purchaser  of  the  Bond  (here- 
inafter defined) ,  its  assigns. 

"Bank  as  agent  for  the  holder  of  the  Bond"  means  the 
Bank  acting  in  its  fiduciary  capacity  as  agent  for  the  holder 
of  the  Bond,  performing  the  functions  described  in  the  Or- 
dinance (hereinafter  defined)  and  in  the  Assignment. 

"Banking  Day"  means  a  day  other  than  a  Saturday, 
Sunday  or  legal  holiday  in  the  State  of  Maryland. 

"Bond"  means  the  City  of  Baltimore,  Maryland  Indus- 
trial Development  Revenue  Bond  (The  Mudge  Paper  Com- 
pany Project)  dated  as  of  June  1,  1978,  in  the  principal 
amount  of  $1,000,000  to  be  issued  pursuant  to  the  Ordi- 
nance (hereinafter  defined),  without  pecuniary  liability  on 
the  part  of  the  City.  In  the  event  the  Bond  is  at  any  time 
exchanged  for  serial  bonds  as  set  forth  in  Section  9  of  the 
Ordinance  (hereinafter  defined),  then,  and  in  that  event, 
the  term  "Bond"  shall  be  deemed  to  include,  and  shall 
mean,  such  serial  bonds. 

"City"  means  Mayor  and  City  Council  of  Baltimore, 
Maryland,  a  body  politic  and  corporate  and  a  political  sub- 
division of  the  State  of  Maryland,  and  its  successors  and 
assigns. 

"Code"  means  the  Internal  Revenue  Code  of  1954,  as 
amended,  and  the  Treasury  Regulations  issued  thereunder. 

"Company"  means  The  Mudge  Paper  Company,  a  Mary- 
land corporation,  and  its  successors  and  assigns. 

"Completion  Date"  means  the  date  on  which  the  acqui- 
sition of  the  Industrial  Building  has  been  completed,  as 
that  date  shall  be  certified,  as  provided  in  Section  4.4 
hereof. 


442  ORDINANCES  Ord.  No.  726 

"Deed  of  Trust"  means  the  first  lien  Deed  of  Trust  of 
even  date  herewith,  between  the  Company  and 
and  ,  trustees,  covering  the  Industrial  Building 

(including  the  land  appurtenant  thereto)  as  security  for 
the  Loan  (hereinafter  defined). 

"Guaranty  Agreement"  means  the  Guaranty  Agreement 
of  even  date  herewith,  executed  and  delivered  by  the  Com- 
pany whereby  the  Company  fully  and  unconditionally 
guarantees  to  the  Bank  for  the  benefit  of  the  holder  of  the 
Bond  the  payment  of  the  principal  of  and  interest  on  the 
Bond. 

"Holder  of  the  Bond"  or  "holder  of  the  Bond"  means 
the  registered  owner  of  the  Bond,  which  may  be  the  Bank. 

"Industrial  Building"  means  the  Industrial  Building  more 
particularly  described  in  Exhibit  A  attached  to  this  Agree- 
ment and  made  a  part  hereof,  and  is  intended  to  have  the 
meaning  ascribed  to  the  term  "industrial  building"  in  the 
Act,  and  shall  also  include  the  land  appurtenant  to  such 
Industrial  Building. 

"Loan"  means  the  Loan  in  the  principal  amount  of 
$1,000,000  evidenced  by  and  described  in  this  Agreement 
to  be  made  by  the  City  to  the  Company. 

"Loan  Agreement"  means  this  Loan  Agreement. 

"Loan  Term"  means  the  period  the  Loan  is  to  be  out- 
standing as  specified  in  Section  5.1  hereof. 

"Net  Proceeds"  when  used  with  respect  to  any  con- 
demnation award  or  insurance  proceeds  allocable  to  the 
Industrial  Building  means  the  gross  proceeds  from  con- 
demnation or  insurance  so  allocable,  with  respect  to  which 
that  term  is  used,  remaining  after  payment  of  all  expenses 
(including  attorney's  fees  and  any  extraordinary  expenses 
of  the  Bank  as  agent  for  the  holder  of  the  Bond)  incurred 
in  the  collection  of  such  gross  proceeds. 

"Ordinance"  means  Ordinance  No.  of  the  City  ap- 

proved by  the  Mayor  of  the  City  on  ,  1978,  by 

which  the  City  (a)  has,  inter  alia,  authorized  the  execution 
and  delivery  of  this  Loan  Agreement,  the  Assignment,  the 
Guaranty  Agreement  (for  the  limited  purposes  therein  pro- 


ORDINANCES  443 

vided),  the  Trust  Agreement  (for  the  limited  purpose 
therein  provided),  and  the  Deed  of  Trust  (for  the  limited 
purpose  therein  provided),  and  the  issuance  and  sale  and 
execution  and  delivery  of  the  Bond,  and  (b)  has  pledged 
the  moneys  derived  and  to  be  derived  by  the  City  from 
this  Agreement  to  secure  the  punctual  payment  of  the 
Bond  and  the  interest  thereon. 

"Prepayment  Provisions"  means,  with  respect  to  the 
Bond,  the  provisions  for  the  prepayment  of  the  Bond  pur- 
suant to  Section  7  of  the  Ordinance. 

"Trust  Agreement''  means  the  Trust  Agreement  of  even 
date  herewith  between  the  Company  and 
and  ,  trustees,  pursuant  to  which  the  pro- 

ceeds of  the  Loan  are  to  be  deposited  in  trust  with  the 
Trustees  (hereinafter  defined),  and  held,  invested  and  dis- 
bursed by  the  Trustees  as  therein  provided. 

"Trustees"  means  and  , 

trustees  under  the  Trust  Agreement,  or  their  successors 
in  trust  who  may  be  acting  under  and  pursuant  to  the 
Trust  Agreement  from  time  to  time. 

The  words  "hereof",  "herein",  "hereunder",  "hereto", 
and  other  words  of  similar  import  refer  to  this  Agreement 
as  a  whole. 

References  to  Articles,  Sections,  and  other  subdivisions 
of  this  Agreement  are  to  the  designated  Articles,  Sections, 
and  other  subdivisions  of  this  Agreement  as  originally 
executed. 

The  headings  of  this  Agreement  are  for  convenience 
only  and  shall  not  define  or  limit  the  provisions  hereof. 

ARTICLE  II. 

Lending  Clause  and  Security 

Section  2.1.  The  Loom.  The  City  agrees,  upon  the  terms 
and  subject  to  the  conditions  contained  in  this  Agreement, 
to  make  the  Loan  to  the  Company  in  the  amount  of 
$1,000,000.  The  Company  unconditionally  promises  to  re- 
pay the  principal  of  the  Loan  with  interest  thereon  as 
provided  in  this  Loan  Agreement. 


444  ORDINANCES  Ord.  No.  726 

Section  2.2.  Security.  The  Loan  is  secured  by  this 
Agreement  and  the  Deed  of  Trust  and  the  collateral  pledged 
hereunder  and  thereunder.  As  additional  security  for  the 
Loan  the  Company  hereby  grants  to  the  City  and  its  as- 
signs (including  the  Bank  as  agent  for  the  holder  of  the 
Bond),  and  agrees  that  the  City  and  its  assigns  (including 
the  Bank  as  agent  for  the  holder  of  the  Bond)  shall  have, 
a  security  interest  in  all  sums  on  deposit  from  time  to  time 
with  the  Trustees  under  the  Trust  Agreement. 

The  Company  agrees  that  with  respect  to  the  collateral 
described  above  the  City  and  its  assigns  (including  the 
Bank  as  agent  for  the  holder  of  the  Bond)  shall  have  all 
of  the  rights  and  remedies  of  a  secured  party  under  the 
Maryland  Uniform  Commercial  Code. 

ARTICLE  III. 

Representations  and  Warranties;  Findings 

Section  3.1.  Representations  by  the  City.  The  City 
makes  the  following  representations : 

(a)  Corporate  Existence.  The  City  is  a  body  politic 
and  corporate  and  a  political  subdivision  of  the  State  of 
Maryland.  Under  the  provisions  of  the  Act,  the  City  has 
the  power  to  enter  into  the  transactions  contemplated  by 
this  Agreement  and  to  carry  out  its  obligations  hereunder. 
By  proper  action,  the  City  has  been  duly  authorized  to 
execute  and  deliver  this  Agreement,  to  enter  into  the  trans- 
actions contemplated  hereby  and  to  issue  and  sell  the  Bond. 

(b)  Issuance  of  the  Bond.  To  finance  the  cost  of  the 
acquisition  of  the  Industrial  Building  the  City  has  agreed 
at  the  request  of  the  Company  to  issue  and  sell  the  Bond 
and  to  lend  the  proceeds  thereof  to  the  Company  pursuant 
to  the  terms  and  conditions  of  this  Agreement. 

(c)  Pledge  of  Proceeds  of  the  Loan.  As  provided  in 
the  Ordinance  pursuant  to  which  the  Bond  is  to  be  issued 
and  sold,  the  City's  interest  in  this  Agreement  and  the 
moneys  derived  by  the  City  from  the  repayment  of  the 
Loan  will  be  pledged  for  payment  of  the  principal  of  and 
interest  on  the  Bond  and  for  any  other  payment  referred 
to  in  Section  5.3  hereof. 


ORDINANCES  445 

Section  3.2.  Representations  and  Warranties  by  the 
Company.  The  Company  makes  the  following  representa- 
tions and  warranties : 

(a)  Subsidiaries.     The  Company  has  no  subsidiaries. 

(b)  Good  Standing.  The  Company  (i)  is  a  corporation 
duly  organized  and  existing,  in  good  standing,  under  the 
laws  of  the  State  of  Maryland,  (ii)  has  the  corporate  power 
to  own  its  property  and  to  carry  on  its  business  as  now 
being  conducted,  and  (iii)  is  duly  qualified  to  do  business 
and  is  in  good  standing  in  each  jurisdiction  in  which  the 
character  of  the  properties  owned  by  it  therein  or  in  which 
the  transaction  of  its  business  makes  such  qualification 
necessary. 

(c)  Corporate  Authority.  The  Company  has  full  power 
and  authority  to  enter  into  this  Agreement,  to  make  the 
borrowing  hereunder,  to  execute  and  deliver  this  Agree- 
ment, the  Guaranty  Agreement,  the  Trust  Agreement,  the 
Deed  of  Trust  and  all  other  documents  necessary  in  the 
premises,  and  to  incur  the  obligations  provided  for  herein 
and  therein,  all  of  which  have  been  duly  authorized  by  all 
proper  and  necessary  corporate  action.  No  consent  or  ap- 
proval of  stockholders  or  of  any  public  authority  or  regu- 
latory body  is  required  as  a  condition  to  the  validity  or 
enforceability  of  this  Agreement,  the  Guaranty  Agreement, 
the  Trust  Agreement,  or  the  Deed  of  Trust. 

(d)  Binding  Agreement.  This  Agreement,  the  Guar- 
anty Agreement,  the  Trust  Agreement,  and  the  Deed  of 
Trust  constitute  the  valid  and  legally  binding  obligations 
of  the  Company,  and  are  fully  enforceable  against  the 
Company  in  accordance  with  their  respective  terms. 

(e)  Litigation.  There  are  no  proceedings  pending  or, 
so  far  as  the  officers  of  the  Company  know,  threatened, 
before  any  court  or  administrative  agency  which,  in  the 
opinion  of  the  officers  of  the  Company,  will  materially 
adversely  affect  the  financial  condition  or  operations  of  the 
Company  or  the  validity  or  enforceability  of  this  Agree- 
ment, the  Ordinance,  the  Guaranty  Agreement,  the  Trust 
Agreement  or  the  Deed  of  Trust. 

(f )  No  Conflicting  Agreements.  There  is  (a)  no  char- 
ter, by-law  or  preference  stock  provision  of  the  Company 


446  ORDINANCES  Ord.  No.  726 

and  no  provision  of  any  existing  mortgage,  indenture, 
contract  or  agreement  binding  on  the  Company  or  affecting 
its  property,  or  (b)  to  the  knowledge  of  the  Company,  no 
provision  of  law  or  order  of  court  binding  upon  the  Com- 
pany, which  would  conflict  with  or  in  any  way  prevent  the 
execution,  delivery,  or  performance  of  the  terms  of  this 
Agreement,  the  Guaranty  Agreement,  the  Trust  Agree- 
ment, or  the  Deed  of  Trust,  or  which  would  be  in  default 
or  violated  as  a  result  of  such  execution,  delivery,  or 
performance. 

(g)  Financial  Condition.  The  balance  sheet  of  the 
Company  as  of  December  31,  1977,  together  with  state- 
ments of  profit  and  loss  and  of  surplus  for  the  period  then 
ended,  certified  by  C.  Bernard  Ellinghaus,  C.P.A.  and  here- 
tofore delivered  to  the  Bank,  are  complete  and  correct  and 
fairly  present  the  financial  condition  of  the  Company  and 
the  results  of  its  operations  and  transactions  in  its  surplus 
accounts  as  of  the  date  and  for  the  period  referred  to  and 
have  been  prepared  in  accordance  with  generally  accepted 
accounting  principles  applied  on  a  consistent  basis  through- 
out the  period  involved.  There  are  no  liabilities,  direct  or 
indirect,  fixed  or  contingent,  of  the  Company  as  of  the  date 
of  such  balance  sheet  which  are  not  reflected  therein  or  in 
the  notes  thereto.  There  has  been  no  material  adverse 
change  in  the  financial  condition  or  operations  of  the  Com- 
pany since  the  date  of  such  balance  sheet  (and  to  the 
Company's  knowledge  no  such  material  adverse  change  is 
pending  or  threatened),  and  the  Company  has  not  guaran- 
teed the  obligations  of,  or  made  any  investments  in  or 
advances  to,  any  company,  individual,  or  other  entity  ex- 
cept as  disclosed  in  such  balance  sheet.  The  Company  has 
good  and  marketable  title  to  all  its  properties  and  assets, 
and  all  such  properties  and  assets  are  free  and  clear  of  mort- 
gages, pledges,  liens,  charges  and  other  encumbrances,  ex- 
cept as  reflected  on  such  balance  sheet  or  the  notes  thereto. 

(h)  Utility  Arrangements  and  Permits.  The  Company 
has  procured,  or  hereby  agrees  to  use  its  best  efforts  to 
procure,  from  the  appropriate  state,  county,  municipal, 
and  other  authorities  and  corporations,  connection  and  dis- 
charge arrangements  for  the  supply  of  water,  gas,  elec- 
tricity and  other  utilities  and  sewage  and  industrial  waste 
disposal  for  the  operation  of  the  Industrial  Building. 


ORDINANCES  447 

(i)  Tax  Returns.  The  Company  has  filed  all  required 
federal,  State  and  local  tax  returns  and  has  paid  all  taxes 
as  shown  on  such  returns  as  they  have  become  due.  Federal 
income  taxes  have  been  audited  through  December  31, 
1975,  and  no  claims  have  been  assessed  and  are  unpaid 
with  respect  to  such  taxes  except  as  shown  in  the  balance 
Sheet  referred  to  in  (g)  above. 

(j)  Use  of  Loan  Proceeds.  The  Company  intends  to 
use  the  proceeds  of  the  Loan  solely  to  acquire  the  Indus- 
trial Building.  The  Company  intends  the  Bond  to  be  an 
"Industrial  Development  Bond"  within  the  meaning  of 
Section  103(b)  (2)  of  the  Code. 

Substantially  all  of  the  proceeds  of  the  Bond  will  be 
used  to  acquire  land  or  to  acquire  property  of  a  character 
subject  to  the  allowance  for  depreciation  as  prescribed  in 
Section  103(b)  (6)  (A)  of  the  Code;  and  the  Company  will 
not  commit  any  act  which  will  adversely  affect  the  tax 
exempt  status  of  the  interest  on  the  Bond.  No  part  of  the 
proceeds  of  the  Bond  will  be  used  to  finance  inventory  or 
for  working  capital.  On  the  basis  of  the  facts,  estimates 
and  circumstances  in  existence  on  the  date  of  this  Agree- 
ment, a  period  of  less  than  three  (3)  years  from  the  date 
of  issuance  of  the  Bond  is  necessary  for  the  completion 
of  the  acquisition  of  the  Industrial  Building. 

(k)  Liens  on  Collateral.  There  exist  (s)  no  lien  or 
liens  on  the  collateral  pledged  as  security  for  the  Loan 
under  Section  2.2  of  this  Agreement  or  on  any  of  the 
property  pledged  as  security  for  the  Loan  under  the  Deed 
of  Trust. 

(1)  Commencement  of  Work  and  Binding  Obligations. 
The  Company  did  not  commence  work  on,  and  did  not  incur 
any  binding  obligations  for  the  acquisition  of,  the  Indus- 
trial Building  until  after  ,  1978,  the  date  on 
which  the  Ordinance  was  approved  by  the  Mavor  of  the 
City. 

Section  3.3  Findings  by  City.  The  City  hereby  confirms 
its  findings  that  the  acquisition  of  the  Industrial  Building 
will  promote  the  purposes  of  the  Act  by  (i)  maintaining 
employment  and  relieving  unemployment  in  the  City  of 


448  ORDINANCES  Ord.  No.  726 

Baltimore,  and  elsewhere  in  the  State  of  Maryland;  (ii) 
encouraging  the  increase  of  industry  and  a  balanced  econ- 
omy in  the  State  of  Maryland  and  in  the  City  of  Baltimore ; 
(iii)  promoting  economic  development;  and  (iv)  thus  pro- 
moting the  health,  welfare  and  safety  of  the  residents  of 
the  City  of  Baltimore  and  of  the  State  of  Maryland. 

ARTICLE  IV. 

Commencement  and  Completion  of  the 
Industrial  Building;  Issuance  of  the  Bond 

Section  4.1.  Agreement  to  Acquire  the  Industrial  Build- 
ing.    The  Company  covenants  and  agrees  that: 

(a)  It  will  cause  the  Industrial  Building  to  be  ac- 
quired substantially  in  accordance  with  the  description  of 
the  Industrial  Building  set  forth  in  Exhibit  A  attached 
hereto,   and  in   the  Plans  and  Specifications  prepared  by 

(the  "Plans  and  Specifications"). 

(b)  It  will  submit  the  Plans  and  Specifications  to  the 
Bank  for  approval. 

(c)  It  will  submit  the  Plans  and  Specifications  to  the 
Department  of  Housing  and  Community  Development  for 
approval.  The  Company  understands  that,  in  addition  to 
the  economic  feasibility  of  the  construction  of  the  Indus- 
trial Building,  the  Department  of  Housing  and  Community 
Development  may  consider,  without  limitation,  the  suit- 
ability of  the  site  plan,  architectural  treatment,  building 
plans,  elevations,  materials,  color,  construction  details,  ac- 
cess, parking,  loading,  landscaping,  identification  signs,  ex- 
terior lighting,  refuse  collection  details,  streets,  sidewalks, 
and  harmony  between  the  plans  and  the  surroundings  of 
the  proposed  Industrial  Building;  and  that  the  Department 
of  Housing  and  Community  Development  may  refuse  ap- 
proval of  the  Plans  and  Specifications  for  aesthetic  or 
functional  reasons. 

(d)  It  and  its  developers  will  work  with  the  design 
advisory  group  appointed  by  the  Department  of  Housing 
and    Community    Development    in    order   to   achieve    high 

quality  site,  building,  and  landscape  design. 

(e)  Without  the  prior  written  consent  of  the  Bank  as 
agent  for  the  holder  of  the  Bond,  it  and  its  contractors 


ORDINANCES  449 

will  not  make  any  material  changes  in  the  Industrial  Build- 
ing to  be  acquired  as  described  in  Exhibit  A  attached 
hereto  and  in  the  Plans  and  Specifications. 

(f)  It  will  cause  the  acquisition  of  the  Industrial  Build- 
ing to  be  completed  within  the  period  of  time  prescribed  in 
the  Trust  Agreement.  In  the  event  the  acquisition  of  the 
Industrial  Building  commences  prior  to  the  receipt  of  pro- 
ceeds from  the  sale  of  the  Bond,  the  Company  agrees  to 
advance  all  funds  necessary  for  such  purposes,  subject  to 
reimbursement  pursuant  to  the  provisions  hereof.  Nothing 
contained  in  this  Section  shall  relieve  the  Company  from 
making  any  payments  required  to  be  made  pursuant  hereto. 

Section  4.2.  Agreement  to  Issue  Bond;  Application  of 
Bond  Proceeds.  In  order  to  provide  funds  for  payment  of 
the  costs  of  acquisition  provided  for  in  Section  4.3  hereof, 
the  City  agrees  that  it  will  issue  and  sell  the  Bond  and 
cause  the  Bond  to  be  delivered  to  the  Bank  pursuant  to 
and  in  accordance  with  the  Ordinance.  Upon  receipt  of  the 
proceeds  of  the  Bond,  the  City  will  disburse  such  proceeds 
to  the  Company  in  accordance  with  the  provisions  of  the 
Ordinance  and  Section  4.3  of  this  Loan  Agreement. 

Section  4.3.  Disbursement  of  the  Loan  Proceeds.  The 
City  and  the  Company  hereby  authorize  and  direct  the  use 
of  the  proceeds  of  the  Loan  for  the  following  purposes 
(and,  subject  to  the  provisions  of  Section  4.6  hereof,  for 
no  other  purpose) : 

(a)  Payment  of  the  necessary  expenses  of  preparing 
and  selling  the  Bond;  the  fees  and  expenses  for  recording 
or  filing  any  financing  statements  required  by  the  City  or 
the  Bank  as  agent  for  the  holder  of  the  Bond  to  be  re- 
corded or  filed,  and  any  other  documents  or  instruments, 
the  filing  or  recording  of  which  either  the  City,  the  Bank 
as  agent  for  the  holder  of  the  Bond,  or  the  Company,  or 
counsel  to  the  City,  the  Bank  as  agent  for  the  holder  of 
the  Bond,  or  the  Company  may  reasonably  deem  desirable; 
and  the  fees  and  expenses  in  connection  with  the  com- 
mencement and  prosecution  of  any  action  or  proceeding 
that  either  the  City,  the  Bank  as  agent  for  the  holder  of 
the  Bond,  or  the  Company,  or  counsel  to  the  City,  the  Bank 
as  agent  for  the  holder  of  the  Bond,  or  the  Company  may 


450  ORDINANCES  Ord.  No.  726 

reasonably  deem  desirable  in  connection  with  this  Agree- 
ment and  the  transactions  contemplated  hereby. 

(b)  Subject  to  the  terms  and  conditions  of  the  Trust 
Agreement,  payment  to  the  Company  of  such  amount,  if 
any,  as  shall  be  necessary  to  reimburse  the  Company  for 
all  advances  and  payments  made  or  costs  incurred  by  the 
Company  prior  to  or  after  the  execution  of  this  Loan  Agree- 
ment for  expenditures  in  connection  with  the  preparation 
of  the  Plans  and  Specifications  for  the  Industrial  Building 
(including  any  preliminary  study  of  the  Industrial  Build- 
ing or  any  aspect  thereof) ;  site  improvements ;  any  and 
all  direct  and  indirect  costs  of  acquisition  of  the  Industrial 
Building;  the  construction,  acquisition  and  installation 
necessary  to  provide  utility  services ;  acquisition  of  all  other 
real  and  personal  property  necessary  in  connection  with  the 
Industrial  Building;  and  for  miscellaneous  expenses  inci- 
dental to  any  of  the  above  (including,  without  limitation, 
fees  for  architectural,  engineering  and  supervisory  services 
with  respect  to  any  of  the  foregoing). 

(c)  Payment  of  the  legal  and  accounting  fees  (including 
those  of  the  Bank  as  agent  for  the  holder  of  the  Bond  and 
the  City)  and  expenses  incurred  in  connection  with  the 
authorization,  issuance  and  sale  of  the  Bond,  the  prepara- 
tion of  this  Loan  Agreement  and  all  other  documents  in 
connection  therewith  and  in  connection  with  the  acquisition 
of  title  to  the  Industrial  Building;  and  payment  of  the  fees, 
or  out-of-pocket  expenses,  of  the  City,  if  any,  incurred 
with  respect  to  the  Industrial  Building  or  the  Bond  to  be 
issued  under  the  Ordinance. 

(d)  Payment  for  labor,  services,  materials  and  supplies 
used  or  furnished  for  any  of  the  purposes  or  objectives 
set  out  in  Section  4.3(b)  above,  subject  to  the  terms  and 
conditions  of  the  Trust  Agreement. 

(e)  Payment  to  the  Bank  as  agent  for  the  holder  of 
the  Bond,  as  such  payments  become  due,  of  the  fees  and 
expenses  of  the  Bank  as  agent  for  the  holder  of  the  Bond 
that  may  become  due  during  the  Acquisition  Period,  or  re- 
imbursement thereof,  if  paid  by  the  Company. 

(f)  Payment  of  expenses  incurred  with  the  approval 
of  the  Company  in  seeking  to  enforce  any  remedy  against 
any  contractor  or  subcontractor  in  respect  of  any  default 


ORDINANCES  451 

under  any  contracts  to  which  the  Company  is  a  party  in 
connection  with  the  Industrial  Building. 

(g)  Payment  of  any  other  expenses  authorized  under 
the  Act. 

The  proceeds  of  the  Loan  will  be  disbursed  by  the  City 
to  the  Company,  and  the  Company  will  simultaneously  de- 
posit such  proceeds  in  trust  with  the  Trustees  under  and 
pursuant  to  the  Trust  Agreement,  to  be  held,  invested  and 
disbursed  by  the  Trustees  as  therein  provided  for  the  pur- 
poses set  forth  in  this  Loan  Agreement  and  in  the  Trust 
Agreement.  Unless  the  prior  written  consent  of  the  holder 
of  the  Bond  is  obtained,  the  proceeds  of  the  Loan  may  be 
disbursed  only  in  accordance  with  the  terms,  conditions, 
provisions  and  procedures  set  forth  in  the  Trust  Agreement. 

The  Company  covenants  that  substantially  all  of  the 
proceeds  of  the  Bond  shall  be  used  in  compliance  with 
Section  103(b)(2)  of  the  Code,  and  shall  be  used  for  the 
acquisition  of  land  or  the  acquisition,  construction  or  in- 
stallation of  property  of  a  character  subject  to  the  allow- 
ance for  depreciation  as  prescribed  in  Section  103(b)  (6)  (A) 
of  the  Code.  All  moneys  remaining  on  deposit  after  the 
Completion  Date  and  after  payment  of  all  items  provided 
for  in  this  Section,  except  for  amounts  required  by  the 
Company  for  payment  of  costs  of  the  Industrial  Building 
not  then  due  and  payable,  and  any  moneys  held  by  the 
Trustees  upon  the  occurrence  of  an  event  of  default  under 
Section  8  of  the  Trust  Agreement  shall  be  disbursed  by  the 
Trustees  to  the  City  to  be  applied  to  the  prepayment, 
without  premium  or  penalty,  of  the  amounts  due  hereun- 
der; and  such  amounts  shall  be  applied  by  the  City  to  the 
immediate  prepayment,  without  premium  or  penalty,  of  the 
amounts  due  hereunder;  and  such  amounts  shall  be  applied 
by  the  City  to  the  immediate  prepayment,  without  pre- 
mium or  penalty,  of  the  then  remaining  installments  of 
principal  of  the  Bond  proratably  in  accordance  with  the 
terms  and  provisions  of  the  Ordinance.  Any  such  prepay- 
ment made  under  this  Section  4.3  need  not  be  made  (a) 
in  an  amount  greater  than  $50,000  or  in  multiples  of  $5,000, 
or  (b)  on  an  interest  payment  date. 

Section  4.4.  Establishment  of  Completion  Date.  The 
Completion  Date  shall  be  evidenced  to  the  Bank  as  agent 


452  ORDINANCES  Ord.  No.  726 

for  the  holder  of  the  Bond,  the  Trustees  and  the  City  by 
a  certificate  signed  by  the  Authorized  Company  Represen- 
tative and  by  the  Company's  architect  (approved  by  the 
Bank  as  agent  for  the  holder  of  the  Bond)  stating  in  sub- 
stance that  (1)  the  acquisition  of  the  Industrial  Building 
has  been  completed  in  accordance  with  the  description 
thereof  set  forth  in  Exhibit  A  hereto  and  with  the  Plans 
and  Specifications,  and  all  labor,  services,  materials  and 
supplies  used  in  such  acquisition  have  been  paid  for,  (2) 
all  other  improvements  necessary  in  connection  with  the 
Industrial  Building  have  been  acquired  and  constructed 
substantially  in  accordance  with  the  description  thereof  set 
forth  in  Exhibit  A  hereto,  and  all  costs  and  expenses  in- 
curred in  connection  therewith  have  been  paid,  (3)  the 
Industrial  Building  is  suitable  and  sufficient  for  its  intended 
purposes,  and  (4)  substantially  all  of  the  proceeds  from 
the  Bond  theretofore  advanced  by  the  Trustees  have  been 
used  for  purposes  allowable  under  Section  103(b)  (2)  of  the 
Code.  Such  certificate  shall  have  attached  thereto  final 
waivers  of  liens  of  the  general  contractor  and  all  subcon- 
tractors and  suppliers  as  well  as  a  copy  of  the  permanent 
certificate  of  occupancy. 

Notwithstanding  the  foregoing,  such  certificate  shall  state 
that  it  is  given  without  prejudice  to  any  rights  against 
third  parties  which  exist  at  the  date  of  such  certificate  or 
which  may  subsequently  come  into  being.  It  shall  be  the 
duty  of  the  Company  to  cause  such  certificate  to  be  fur- 
nished as  soon  as  the  acquisition  of  the  Industrial  Building 
shall  have  been  completed. 

Section  4.5.  Company  Required  to  Pay  Costs  in  the 
Event  Bond  Proceeds  Insufficient.  In  the  event  the  pro- 
ceeds of  the  Bond  available  for  payment  of  the  costs  of  the 
acquisition  of  the  Industrial  Building  shall  not  be  suffi- 
cient to  pay  the  costs  thereof  in  full  (including  all  items 
of  cost  set  forth  in  Section  4.3  hereof),  the  Company 
agrees  to  complete  the  acquisition  of  the  Industrial  Build- 
ing and  pay  all  that  portion  of  the  costs  of  the  acquisition 
of  the  Industrial  Building  (including  all  items  of  cost  set 
forth  in  Section  4.3  hereof)  as  may  be  in  excess  of  the  pro- 
ceeds of  the  Bond  available  therefor.  The  City  does  not 
make  any  warranty,  either  express  or  implied,  that  the 


ORDINANCES  453 

proceeds  of  the  Bond  which,  under  the  provisions  of  this 
Agreement,  will  be  available  for  payment  of  the  costs  of 
the  acquisition  of  the  Industrial  Building,  will  be  sufficient 
to  pav  all  the  costs  which  will  be  incurred  in  that  con- 
nection (including  all  items  of  cost  set  forth  in  Section  4.3 
hereof).  The  Company  agrees  that  if  after  exhaustion  of 
the  proceeds  of  the  Bond  the  Company  shall  pay  any  por- 
tion of  the  costs  of  the  acquisition  of  the  Industrial  Build- 
ing pursuant  to  the  provisions  of  this  Section,  it  shall  not 
be  entitled  to  any  reimbursement  therefor  from  the  City, 
or  from  the  Bank,  or  from  the  Bank  as  agent  for  the 
holder  of  the  Bond,  or  from  the  holder  of  the  Bond,  or 
from  the  Trustees,  nor  shall  it  be  entitled  to  any  diminu- 
tion of  the  amounts  payable  hereunder. 

Section  4.6.  Investment  of  Money.  Any  moneys  held  by 
the  Trustees  under  the  Trust  Agreement  and  not  required 
for  immediate  disbursement  and  withdrawal  shall,  at  the 
written  request  of  the  Authorized  Company  Representative, 
be  invested  or  reinvested  to  the  extent  permitted  by  law, 
in  the  following:  (i)  general  obligations,  of,  or  obligations 
unconditionally  guaranteed  as  to  principal  and  interest  by, 
the  United  States  of  America;  (ii)  bonds,  debentures,  par- 
ticipation certificates  or  notes  issued  by  any  agency  or 
corporation  which  is  or  may  hereafter  be  created  by  Act 
of  the  Congress  of  the  United  States  as  an  agency  or  in- 
strumentality thereof;  (iii)  Public  Housing  Bonds,  Tem- 
porary Notes  or  Preliminary  Loan  Notes,  fully  secured  by 
contracts  with  the  United  States;  (iv)  certificates  of  de- 
posit issued  by  the  Bank,  or  any  other  bank,  trust  company 
or  national  banking  association,  organized  under  the  laws 
of  the  United  States  or  any  state  thereof,  which  has  a 
combined  capital  of  at  least  $40,000,000,  in  any  amount; 
or  (v)  any  other  investment  which  the  Trustees  may  le- 
gally make  under  federal  and  Maryland  law  and  which  is 
approved  by  the  Bank  as  agent  for  the  holder  of  the  Bond. 
Such  investments  shall  be  made  in  the  discretion  of  the 
Trustees;  provided,  however,  that  the  Company  may  by 
written  direction  from  the  Authorized  Company  Represen- 
tative to  the  Trustees  direct  the  investments.  All  such  in- 
vestments shall  have  maturities  consonant  with  the  need 
for  funds  as  estimated  by  such  Authorized  Company  Rep- 
resentative. The  Company  covenants  that  it  will  not  direct 


454  ORDINANCES  Ord.  No.  726 

or  permit  investments  which  would  cause  the  Bond  to  be 
an  "arbitrage  bond"  within  the  meaning  of  Section 
103(c)(2)  of  the  Code.  On  each  interest  payment  date,  as 
provided  in  Section  5.3  hereof,  any  profit  realized  from 
investments  made  hereunder  shall  be  paid  over  by  the 
Trustees  to  the  Bank  as  agent  for  the  holder  of  the  Bond 
(as  assignee  of  the  City)  and  shall  be  applied  by  the  Bank 
as  agent  for  the  holder  of  the  Bond  to  the  interest  on  the 
Loan  due  and  payable  on  such  date.  To  the  extent  that 
any  profits  are  so  paid  over  and  applied,  the  payment  of 
interest  for  which  the  Company  is  responsible  on  such  date 
shall  be  reduced  accordingly.  Excess  profits,  over  and  above 
the  interest  due  and  payable  on  such  date  shall  remain  on 
deposit  (and  be  reinvested  by  the  Trustees  to  the  extent 
practicable)  until  the  next  interest  payment  date,  when  it 
will  be  paid  over  and  applied  as  aforesaid.  Upon  completion 
of  the  acquisition  of  the  Industrial  Building,  all  moneys 
held  by  the  Trustees  shall  be  applied  as  set  forth  in  the 
last  literary  paragraph  of  Section  4.3  of  this  Agreement. 

ARTICLE  V. 

Effective  Date  of  This  Agreement;  Duration  of 

Loan  Term;  Ownership  and  Possession  of 

Industrial   Building;   Repayment   Provisions; 

Obligations  of  Company  Unconditional 

Section  5.1.  Effective  Date  of  This  Agreement;  Duration 
of  Loan  Term.  This  Agreement  shall  become  effective 
upon  its  delivery,  and  shall  expire  on  such  date  as  the 
Bond  has  been  fully  paid  and  retired  and  all  other  pay- 
ments required  hereunder  have  been  made;  provided  how- 
ever, that  the  expiration  of  this  Agreement  shall  not  affect 
the  Company's  obligation  to  pay  to  the  holder  of  the  Bond 
an  additional  amount  after  the  Bond  has  been  fully  paid 
and  retired  in  the  event  that  the  holder  of  the  Bond  in  a 
tax  return  or  as  a  result  of  a  deficiency  assessment  or 
otherwise,  incurs  a  tax  liability  as  more  fully  set  out  in 
Section  5.3  hereof. 

Section  5.2.  Ownership  and  Possession  of  the  Industrial 
Building.  The  City  agrees  that  the  Industrial  Building 
shall  be  the  sole  property  of  the  Company  and  that  the 
Company  shall  enjoy  the  sole  and  exclusive  ownership  and 


ORDINANCES  455 

possession  of  the  Industrial  Building  (subject  to  the  right 
of  the  City  to  enter  thereon  for  inspection  and  other  pur- 
poses pursuant  to  the  provisions  of  Section  9.2  hereof). 
The  City  covenants  and  agrees  that  it  will  not  take  any 
action,  other  than  pursuant  to  Article  X  of  this  Loan 
Agreement  and  its  general  police  powers,  to  prevent  the 
Company  from  having  quiet  and  peaceable  enjoyment  of 
the  Industrial  Building. 

Section  5.3.  Amounts  Payable.  The  Company  promises 
to  repay  the  Loan  with  interest  on  the  unpaid  principal 
amount  thereof,  from  the  date  hereof,  at  the  rate  of  6%  % 
per  annum  (calculated  on  the  basis  of  a  360-day  year 
factor  applied  to  actual  days  elapsed) ;  provided,  however, 
that  during  any  period  in  which  the  interest  payable  on 
the  Bond  is  includible  in  the  gross  income  (as  defined  in 
Section  61  of  the  Internal  Revenue  Code  of  1954,  as 
amended)  of  the  holder  of  the  Bond,  the  rate  of  interest 
payable  on  the  unpaid  principal  amount  of  the  Loan  shall 
be  at  the  rate  of  10%%  per  annum  (calculated  on  the 
basis  of  a  360-day  year  factor  applied  to  actual  days 
elapsed)  (hereinafter  called  the  "Taxable  Rate"). 

The  principal  of  and  interest  on  the  Loan  shall  be  pay- 
able in  lawful  money  of  the  United  States  of  America  at 
the  time  of  payment  as  follows : 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of 
January  and  July  in  each  year,  commencing  on  January  1, 
1979,  continuing  to  and  including  July  1,  1994,  or  until  the 
principal  amount  shall  have  been  paid  in  full; 

(b)  commencing  on  July  1,  1979,  continuing  to  and 
including  July  1,  1994,  the  principal  amount  shall  be  paid 
in  31  equal,  consecutive  installments  of  $32,258.06  each, 
payable  on  the  first  days  of  January  and  July  in  each  year ; 

(c)  the  Loan  will  mature,  and  the  entire  unpaid  bal- 
ance of  the  principal  thereof  and  all  accrued  and  unpaid 
interest  thereon  shall  be  due  and  payable  on  July  1,  1994; 
and 

(d)  all  payments  received  shall  be  applied  first  to  in- 
terest and  the  balance  to  principal. 


456  ORDINANCES  Ord.  No.  726 

In  any  event,  each  and  every  payment  to  be  made  under 
this  Section  shall  be  sufficient  to  pay  the  payments  of 
interest  on  and  the  installments  of  the  principal  of  and 
interest  on  the  Bond  when  due  (whether  at  maturity,  by 
redemption,  by  acceleration  or  otherwise). 

The  Company  agrees  to  pay  to  (and  within  30  days  after 
the  request  of)  the  City,  the  Bank,  or  the  Bank  as  agent 
for  the  holder  of  the  Bond,  until  the  principal  of  and  in- 
terest on  the  Bond  shall  have  been  paid  in  full,  (i)  the 
ordinary  and  reasonable  fees,  charges  and  expenses  of  the 
City,  the  Bank,  and  the  Bank  as  agent  for  the  holder  of 
the  Bond  incurred  in  connection  with  the  transactions  con- 
templated by  this  Loan  Agreement  as  and  when  the  same 
become  due,  and  (ii)  the  reasonable  fees,  charges  and  ex- 
penses incurred  by  the  City  under  the  Ordinance  as  and 
when  the  same  become  due,  including,  but  not  limited  to, 
any  expenses  incurred  by  the  City  in  authorizing  and  issu- 
ing serial  bonds  pursuant  to  Section  9  of  the  Ordinance. 

In  the  event  that  interest  payable  on  the  Bond  is  de- 
termined to  be  includible  in  the  gross  income  (as  defined 
in  Section  61  of  the  Internal  Revenue  Code  of  1954,  as 
amended)  of  the  holder  of  the  Bond  so  as  to  cause  the  rate 
of  interest  on  the  Bond  to  be  the  Taxable  Rate,  the  Com- 
pany agrees  to  pay,  on  demand,  directly  to  the  holder  of 
the  Bond  an  additional  amount  of  money,  which  when 
added  to  the  interest  paid  on  the  Bond  from  the  date  the 
interest  became  so  includible  in  the  gross  income  of  the 
holder  would  cause  the  total  amount  of  interest  on  the 
Bond  from  such  date  to  the  date  upon  which  the  rate  of 
interest  on  the  Bond  is  so  increased,  to  have  been  paid 
at  a  rate  equal  to  the  Taxable  Rate,  and  such  amount  shall 
be  considered  additional  interest  on  the  Bond. 

In  the  event  that  after  the  Bond  has  been  fully  paid  and 
retired,  any  holder  of  the  Bond,  in  a  tax  return  or  as  a 
result  of  a  deficiency  or  otherwise,  incurs  a  tax  liability 
under  circumstances  that,  were  the  Bond  then  outstanding, 
would  cause  the  rate  of  interest  payable  on  the  Bond  to 
be  the  Taxable  Rate,  the  Company  agrees  to  pay,  on  de- 
mand, directly  to  that  holder  of  the  Bond  an  additional 
amount  of  money,  which  when  added  to  the  interest  paid 
on  the  Bond  from  the  date  the  interest  became  includible 


ORDINANCES  457 

in  the  gross  income  of  that  holder,  would  cause  the  total 
amount  of  interest  on  the  Bond  from  such  date  to  the 
date  upon  which  the  interest  on  the  Bond  w^as  no  longer 
includible  in  the  gross  income  of  that  holder  to  have  been 
paid  at  a  rate  equal  to  the  Taxable  Rate,  and  such  amount 
shall  be  considered  additional  interest  on  the  Bond.  In  the 
event  that  after  the  Bond  has  been  transferred  in  ac- 
cordance with  Section  9  of  the  Ordinance  but  prior  to  the 
date  on  which  the  Bond  has  been  fully  paid  and  retired, 
any  previous  holder  of  the  Bond,  in  a  tax  return  or  as  a 
result  of  a  deficiency  or  otherwise,  incurs  a  tax  liability 
as  a  result  of  the  interest  payable  on  the  Bond  being 
includible  in  the  gross  income  (as  defined  in  Section  61 
of  the  Code)  of  such  previous  holder  of  the  Bond,  the 
Company  agrees  to  pay,  on  demand,  directly  to  that  pre- 
vious holder  of  the  Bond  an  additional  amount  of  money, 
which  when  added  to  the  interest  paid  on  the  Bond  from 
the  date  the  interest  on  the  Bond  became  so  includible 
in  the  gross  income  of  that  holder  of  the  Bond,  would 
cause  the  total  amount  of  interest  on  the  Bond  from  such 
date  to  the  date  upon  which  the  interest  on  the  Bond  was 
no  longer  includible  in  the  gross  income  of  that  holder  to 
have  been  paid  at  a  rate  equal  to  the  Taxable  Rate,  and 
and  such  amount  shall  be  considered  additional  interest  on 
the  Bond. 

It  is  understood  and  agreed,  that  notwithstanding  the 
other  terms  and  provisions  of  this  Section  5.3,  the  City,  the 
Bank  as  agent  for  the  holder  of  the  Bond,  and  the  holder 
of  the  Bond  will  afford  the  Company  the  opportunity,  at 
the  Company's  sole  expense,  to  challenge,  before  being  re- 
quired to  make  interest  payments  at  the  Taxable  Rate  or 
to  make  any  payments  as  set  forth  in  the  fifth  and  sixth 
literary  paragraphs  of  this  Section  5.3: 

(a)  the  validity  of  any  amendment  to  the  Code  (or  any 
subsequent  tax  law)  which  causes  the  interest  on  the  Bond 
to  become  includible  in  the  gross  income  (as  defined  in 
Section  61  of  the  Code)  of  any  holder  of  the  Bond ;  or 

(b)  any  challenge  to  the  validity  of  the  tax  exemption 
on  the  interest  on  the  Bond;  including  the  right  to  direct 
the  necessary  litigation  (including  administrative  audit 
appeals) ;  Provided,  that  the  following  conditions  are  met, 


458  ORDINANCES  Ord.  No.  726 

complied  with  and  satisfied  to  the  complete  satisfaction  in 
all  respects  of  the  City,  the  Bank  as  agent  for  the  holder 
of  the  Bond  and  the  holder  of  the  Bond: 

(a)  the  Company  shall,  on  demand,  immediately  reim- 
burse the  City,  the  Bank  as  agent  for  the  holder  of  the 
Bond  and  the  holder  of  the  Bond  for  any  and  all  expenses 
(including  reasonable  attorneys'  fees  for  services  that  may 
be  required)  that  may  be  incurred  by  any  of  them  in  con- 
nection with  any  such  challenge ;  and 

(b)  the  Company  shall  furnish  to  the  Bank  as  agent 
for  the  holder  of  the  Bond  such  security  and  indemnity 
as  the  Bank  as  agent  for  the  holder  of  the  Bond  shall  in 
its  sole  discretion  require  to  assure  that  no  holder  of  the 
Bond  shall  receive  a  lower  yield  (net  of  income  taxes)  on 
the  Bond  than  would  have  been  realized  by  such  holder 
of  the  Bond  had  the  Company  not  challenged  such  amend- 
ment or  challenge  to  the  validity  of  the  tax  exemption. 

If  the  Company  challenges  any  such  amendment  or  chal- 
lenge to  the  tax  exemption,  and  fails,  then  any  amount 
due  hereunder,  as  set  forth  in  the  fifth  and  sixth  literary 
paragraphs  of  this  Section  5.3  must  be  paid  in  full  by  the 
Company  within  45  days  after  written  notice  is  given  to 
the  Company  by  the  Bank  as  agent  for  the  holder  of  the 
Bond  that,  in  the  discretion  of  the  Bank  as  agent  for  the 
holder  of  the  Bond,  it  has  been  finally  determined  that  the 
interest  payable  on  the  Bond  is  includible  in  the  gross  in- 
come (as  defined  in  Section  61  of  the  Code)  of  the  holder 
of  the  Bond. 

In  the  event  the  Company  should  fail  to  make  any  of  the 
payments  required  in  this  Section,  the  item  or  installment 
so  in  default  shall  continue  as  an  obligation  of  the  Com- 
pany until  the  amount  in  default  shall  have  been  fully 
paid,  and  the  Company  agrees  to  pay  such  item  or  install- 
ment in  default  with  interest  thereon  at  the  rate  of  11% 
per  annum  until  paid  (which  interest  shall  commence  to 
accrue  on  the  7th  day  following  the  day  on  which  such 
item  or  installment  was  due  and  payable). 

Section  5.4.  Place  of  Payments.  The  payments  provided 
for  in  the  first  literary  paragraph  of  Section  5.3  hereof 


ORDINANCES  459 

shall  be  made  in  immediately  available  funds  directly  to 
the  Bank  as  agent  for  the  holder  of  the  Bond,  at  its  offices 
at  2  Hopkins  Plaza,  Baltimore,  Maryland  21201.  If  any 
payment  hereunder  falls  due  on  any  day  which  is  not  a 
Banking  Day,  then  such  payment  date  shall  be  extended 
to  the  next  succeeding  full  Banking  Day.  The  payments  to 
be  made  under  the  fourth  literary  paragraph  of  Section 
5.3  hereof  shall  be  paid  directly  to  the  Bank  as  agent  for 
the  holder  of  the  Bond  or  directly  to  the  City  as  the  case 
may  require. 

Section  5.5.  Obligations  of  the  Company  Hereunder  Un- 
conditional. The  obligation  of  the  Company  to  make  the 
payments  required  in  Section  5.3  hereof  and  to  perform 
and  observe  the  other  agreements  on  its  part  contained 
herein  shall  be  absolute  and  unconditional,  irrespective  of 
any  defense  or  any  rights  of  set-off,  recoupment  or  coun- 
terclaim it  might  otherwise  have  against  the  City,  and  the 
Company  shall  pay  absolutely  net  during  the  term  of  this 
Agreement  the  payments  to  be  made  on  account  of  the 
Loan  as  prescribed  in  Section  5.3  and  all  other  payments 
required  hereunder,  free  of  any  deductions  and  without 
abatement,  diminution  or  set-off  other  than  those  herein 
expressly  provided;  and  until  such  time  as  the  principal 
of  and  interest  on  the  Bond  shall  have  been  fully  paid, 
the  Company:  (i)  will  not  suspend  or  discontinue  any  pay- 
ments provided  for  in  Section  5.3  hereof;  (ii)  will  perform 
and  observe  all  of  its  other  agreements  contained  in  this 
Agreement;  and  (iii)  except  as  provided  in  Article  XI 
hereof,  will  not  terminate  this  Agreement  for  any  cause, 
including,  without  limiting  the  generality  of  the  forego- 
ing, failure  of  the  Company  to  complete  the  acquisition  of 
the  Industrial  Building,  the  occurrence  of  any  acts  or  cir- 
cumstances that  may  constitute  failure  of  consideration, 
destruction  of  or  damage  to  the  Industrial  Building,  com- 
mercial frustration  of  purpose,  any  change  in  the  tax  laws 
of  the  United  States  of  America  or  of  Maryland  or  any 
political  subdivision  or  either  of  these,  or  any  failure  of 
the  City  to  perform  and  observe  any  agreement,  whether 
express  or  implied,  or  any  duty,  liability  or  obligation  aris- 
ing out  of  or  connected  with  this  Loan  Agreement,  except 
to  the  extent  permitted  by  this  Loan  Agreement. 


460  ORDINANCES  Ord.  No.  726 

ARTICLE  VI. 
Section  6.1.  Affirmative  Covenants. 

(PROVISIONS  FOR  AFFIRMATIVE  COVENANTS  TO 
BE  INSERTED  HERE  WHEN  ADOPTED  BY  RESOLU- 
TION OF  THE  COMMISSIONERS  OF  FINANCE) 

Section  6.2.  Negative  Covenants. 

(PROVISIONS  FOR  NEGATIVE  COVENANTS  TO  BE 
INSERTED  HERE  WHEN  ADOPTED  BY  RESOLU- 
TION OF  THE  COMMISSIONERS  OF  FINANCE) 

ARTICLE  VII. 

Damage  and  Condemnation; 
Application  of  Net  Proceeds 

Section  7.1.  Damage,  Destruction  and  Condemnation. 
Unless  the  payments  required  to  be  made  pursuant  to 
Section  5.3  hereof  shall  have  been  accelerated  pursuant  to 
the  provisions  of  Section  10.2(a)  hereof,  or  the  Company 
shall  have  been  obligated  pursuant  to  Article  XI  hereof  to 
prepay  such  amounts,  if  prior  to  full  payment  of  the  Bond 
(i)  the  Industrial  Building  (or  any  portion  or  portions 
thereof)  is  damaged  by  fire  or  other  casualty  or  is  destroyed 
(in  whole  or  in  part),  or  (ii)  title  to,  or  the  use  of,  the 
Industrial  Building  (or  any  part  thereof),  or  the  interest 
of  the  Company  in  the  Industrial  Building  (or  any  part 
thereof)  shall  be  taken  under  the  exercise  of  the  power  of 
eminent  domain  by  any  governmental  body  or  by  any  per- 
son, firm,  or  corporation  acting  under  governmental  au- 
thority, either  temporarily  or  permanently,  the  Company 
shall  be  obligated  to  continue  to  pay  the  amounts  specified 
in  this  Agreement,  and  the  Company  will  cause  the  Net 
Proceeds  resulting  from  any  event  described  in  this  Section 
7.1  to  be  applied,  in  a  manner  approved  by  and  satisfactory 
in  all  respects  to  the  Bank  as  agent  for  the  holder  of  the 
Bond,  to  the  prompt  repair,  restoration,  relocation,  modi- 
fication or  improvement  of  the  Industrial  Building  by  the 
Company  unless  the  Bond  is  prepaid  in  full  pursuant  to 
the  provisions  of  Section  11.2  of  this  Agreement. 

Section  7.2.  Insufficiency  of  Net  Proceeds.  If  the  Net 
Proceeds  are  insufficient  to  pay  in  full  the  cost  of  any 
repair,  restoration,  relocation,  modification  or  improvement 


ORDINANCES  461 

required  by  Section  7.1  hereof,  the  Company  will  nonethe- 
less complete  the  work  and  will  pay  any  costs  of  such  work 
in  excess  of  the  amount  of  the  Net  Proceeds. 

ARTICLE  VIII. 

Special  Covenants  and  Provisions 

Section  8.1.  No  Warranty  of  Condition  or  Suitability  by 
the  City.  The  City  makes  no  warranty,  either  express  or 
implied,  as  to  the  condition  of  the  Industrial  Building  or 
any  part  thereof,  or  that  the  Industrial  Building-  will  be 
suitable  (including,  without  limitation,  zoning  and  avail- 
ability of  utilities)  for  the  Company's  purposes  or  needs. 

Section  8.2.  Right  of  Access  to  the  Industrial  Building. 
The  Company  agrees  that  the  City,  the  Bank  as  agent  for 
the  holder  of  the  Bond,  the  holder  of  the  Bond  and  their 
duly  authorized  agents  shall  have  the  right  at  all  reason- 
able times  to  enter  upon  the  Industrial  Building  and  the  land 
appurtenant  thereto  to  examine  and  inspect  the  Industrial 
Building  and  to  enforce  any  remedies  in  the  event  of  a 
default  under  this  Agreement. 

Section  8.3.  City  and  Company  Representatives.  The 
Company  and  the  City,  respectively,  shall  designate,  in  the 
manner  prescribed  in  Article  I  hereof,  the  Authorized 
Company  Representative  and  the  Authorized  City  Repre- 
sentative. In  the  event  that  any  person  so  designated  and 
his  alternate  or  alternates,  if  any,  should  become  unavail- 
able or  unable  to  take  any  action  or  make  any  certificate 
provided  for  or  required  in  this  Agreement,  a  successor 
shall  be  appointed  in  the  same  manner.  Whenever  under 
the  provisions  of  this  Agreement  the  approval  of  the  City 
or  the  Company  is  required,  or  the  City  or  the  Company 
is  required  to  take  some  action  at  the  request  of  the  other, 
such  approval  or  such  request  shall  be  given  for  the  City 
by  the  Authorized  City  Representative,  and  for  the  Com- 
pany by  the  Authorized  Company  Representative;  and  the 
other  party  hereto,  the  Bank  as  agent  for  the  holder  of  the 
Bond  and  the  holder  of  the  Bond  are  authorized  to  rely 
upon  any  such  approval  or  request,  and  neither  party  here- 
to shall  have  any  complaint  against  the  other  nor  against 
the  Bank  as  agent  for  the  holder  of  the  Bond  or  the  holder 
of  the  Bond  as  a  result  of  any  such  reliance. 


462  ORDINANCES  Ord.  No.  726 

Section  8.4.  Further  Assurances  and  Corrective  Instru- 
ments. The  City  and  the  Company  agree  that  they  will,  from 
time  to  time,  execute  and  deliver  or  cause  to  be  executed 
and  delivered,  such  supplements  hereto  and  such  further 
instruments  as  may  reasonably  be  required  for  carrying 
out  the  intention  of  the  parties  to,  or  facilitating  the  per- 
formance of,  this  Agreement. 

Section  8.5.  Covenants  with  Respect  to  Use  of  Bond  Pro- 
ceeds. The  City  is  issuing  the  Bond  with  the  intention 
that  the  interest  on  the  Bond  be  and  remain  free  from  fed- 
eral income  taxation  and  is  covenanting  with  the  holder  of 
the  Bond  that  it  (i)  will  make  no  use  of  the  proceeds 
of  the  Bond  which,  if  such  use  had  been  reasonably  ex- 
pected on  its  date  of  issuance,  would  have  caused  the  Bond 
to  be  an  "arbitrage  bond"  within  the  meaning  of  Section 
103  (c)  of  the  Code  as  in  effect  at  the  time  of  such  issuance, 
and  (ii)  will  comply  to  the  extent  applicable  with  the  re- 
quirements of  Section  103(c)  of  the  Code.  To  that  end  the 
Company  covenants  with  the  City  for  the  benefit  of  the 
holder  of  the  Bond  that  it  (i)  will  make  no  use  of  the  pro- 
ceeds of  the  Bond  which,  if  such  use  had  been  reasonably 
expected  on  its  date  of  issuance,  would  have  caused  the 
Bond  to  be  an  "arbitrage  bond"  within  the  meaning  of 
Section  103(c)  of  the  Code  as  in  effect  at  the  time  of  such 
issuance,  and  (ii)  will  comply  to  the  extent  applicable  with 
the  requirements  of  Section  103(c)  of  the  Code.  The  Com- 
pany will  not  (a)  take  any  action,  (b)  fail  to  take  any  ac- 
tion, or  (c)  make  any  use  of  the  Industrial  Building  or  the 
proceeds  of  the  Bond,  which  would  cause  the  interest  on 
the  Bond  to  be  or  become  subject  to  federal  income  taxes  in 
the  hands  of  the  holder  of  the  Bond. 

Section  8.6.  Modification  of  the  Industrial  Building  by  the 
Company.  Subject  to  the  representations  and  warranties 
contained  in  Section  3.2  hereof,  the  agreements  contained 
in  Section  4.1  hereof,  and  the  covenants  set  forth  in  Section 
8.5  above,  the  Company  may,  from  time  to  time,  and  at  its 
own  expense,  and  with  the  prior  written  consent  of  the 
holder  of  the  Bond,  install  additional  property  or  otherwise 
improve,  alter,  or  replace  the  Industrial  Building  with 
property  of  equal  or  greater  value. 

Section  8.7.  Restriction  on  Transfer*  and  Encumbrance  of 
Industrial  Building  by  the  Company.     The  Company  agrees 


ORDINANCES  463 

that  it  will  not,  during  the  Loan  Term,  sell,  assign,  lease, 
transfer,  convey  or  otherwise  dispose  of  the  Industrial 
Building  (including  the  land  appurtenant  thereto)  or  any 
portion  thereof  nor  create  or  suffer  to  exist  any  lien  or  en- 
cumbrance upon  the  Industrial  Building  during  the  Loan 
Term  unless  (a)  the  Company  shall  have  received  the  prior 
written  consent  of  the  holder  of  the  Bond,  such  consent  not 
to  be  unreasonably  withheld,  and  (b)  any  such  sale,  assign- 
ment, lease,  transfer,  conveyance,  disposition,  or  encum- 
brance shall  not  adversely  affect  the  tax  exempt  status  of 
the  interest  on  the  Bond. 

Section  8.8.  No  Pecuniary  Liability.  The  Act  prescribes, 
and  the  parties  intend  that  by  reason  of  making  this  Agree- 
ment, by  reason  of  the  issuance  of  the  Bond,  by  reason  of 
the  performance  of  any  act  required  of  it  by  this  Agree- 
ment, or  by  reason  of  the  performance  of  any  act  requested 
of  it  by  the  Company,  no  indebtedness  or  charge  against 
the  general  credit  or  taxing  powers  of  the  City  within  the 
meaning  of  any  constitutional  or  charter  provision  or  statu- 
tory limitation  shall  occur  or  shall  ever  constitute  or  give 
rise  to  any  pecuniary  liability  of  the  City.  Nevertheless,  if 
the  City  shall  incur  any  such  pecuniary  liability,  then  in 
such  event  the  Company  shall  indemnify  and  hold  the  City 
harmless  therefrom. 

Section  8.9.  No  Liability  to  Third  Parties.  Throughout 
the  Loan  Term,  no  person  or  entity  contracting  with  the 
Company  with  respect  to  the  Industrial  Building  shall  be 
reimbursed  by  the  City  under  any  circumstances  whatso- 
ever. The  City's  issuance  of  the  Bond  and  loan  of  the  pro- 
ceeds thereof  to  the  Company  shall  in  no  way  be  construed 
as  obligating  the  City  in  any  way  to  any  person  or  entity 
for  the  payment  of  any  expense  incurred  with  respect  to 
the  Industrial  Building. 

ARTICLE  IX. 
Assignment  and  Prepayment 

Section  9.1.  No  Assignment  by  Company.  This  Agree- 
ment may  not  be  assigned  by  the  Company  without  the 
prior  written  consent  of  the  holder  of  the  Bond. 

Section  9.2.  Assignment  by  City.  The  City  has,  simul- 
taneously with  the  delivery  of  this  Agreement,  by  execu- 


464  ORDINANCES  Ord.  No.  726 

tion  and  delivery  of  the  Assignment,  assigned  all  moneys 
due  and  to  become  due  to  the  City  under  this  Agreement 
and  all  of  the  City's  right,  title  and  interest  in  and  to,  and 
remedies  under,  this  Agreement  and  the  Deed  of  Trust,  to 
the  Bank  as  agent  for  the  holder  of  the  Bond  as  security 
for  the  payment  of  the  principal  of  and  interest  on  the 
Bond  and  all  sums  payable  under  the  Ordinance.  The  Com- 
pany agrees  that  it  will  make  payment  directly  to  the  Bank 
as  agent  for  the  holder  of  the  Bond  of  all  sums  specified 
herein  as  amounts  payable  or  to  become  payable  by  the 
Company,  other  than  payments  to  be  made  to  the  City  pur- 
suant to  the  fourth  literary  paragraph  of  Section  5.3  hereof 
and  Sections  10.4,  12.2  and  12.9  hereof,  notwithstanding 
any  term  of  this  Agreement  or  the  non-performance  by  the 
City  of  any  obligation  hereunder,  or  any  other  matter  or 
event  whatsoever,  including  without  limitation,  the  bank- 
ruptcy, insolvency,  liquidation  or  nonexistence  of  the  City, 
which  might  otherwise  relieve  the  Company  from  the  obli- 
gation to  pay  such  amount,  and  that  the  same  shall  be  paid 
at  the  respective  times  specified  herein  for  the  payment 
thereof,  and  the  receipt  by  the  Bank  as  agent  for  the 
holder  of  the  Bond  of  such  payments  shall  discharge  the 
obligations  of  the  Company  to  the  City  hereunder  to  the 
extent  thereof.  The  Company  agrees  that  no  such  payment 
shall  be  subject  to  any  right  of  setoff,  counterclaim  or  any 
other  defense  which  the  Company  may  or  might  now  or 
hereafter  have  against  the  City,  the  Bank  as  agent  for  the 
holder  of  the  Bond,  or  the  holder  of  the  Bond,  and  that  all 
such  payments  shall  be  final,  and  the  Company  shall  not 
seek  to  recover  from  the  Bank  as  agent  for  the  holder  of 
the  Bond  for  any  reason  whatsoever,  any  moneys  paid  by 
the  Company  to  the  Bank  as  agent  for  the  holder  of  the 
Bond  by  virtue  of  this  Agreement  or  the  Assignment.  The 
Assignment  shall  not  impose  on  the  Bank  as  agent  for  the 
holder  of  the  Bond  any  of  the  duties,  liabilities,  or  obliga- 
tions of  the  City  hereunder,  but  the  Bank  as  agent  for  the 
holder  of  the  Bond  shall  acquire  thereby  all  rights  of  the 
City  hereunder  to  collect  and  receive  all  sums  payable  here- 
under, or  amounts  equal  thereto,  as  are  necessary  to  pay 
the  Loan  in  full  and  to  constitute  the  Bank  as  agent  for  the 
holder  of  the  Bond  the  beneficiary  of  the  obligations  of  the 
Company  herein  contained. 


ORDINANCES  465 

Section  9.3  Prepayment  of  the  Bond.  Upon  the  payment 
of  any  amounts  due  under  Section  5.3  hereof  or  elsewhere 
in  this  Agreement  and  if  adequate  provision  has  been  made 
to  assure  that  money  sufficient  to  effect  prepayment  will  be 
on  deposit  with  the  Bank  as  agent  for  the  holder  of  the 
Bond  on  the  date  fixed  for  prepayment  (including  any 
premium  or  additional  interest  required  under  the  Prepay- 
ment Provisions),  the  City  or  the  assignee  under  the  As- 
signment, at  the  request  at  any  time  of  the  Company,  and 
if  the  same  is  then  subject  to  prepayment,  shall  forthwith 
take  all  steps  that  may  be  necessary  under  the  Prepayment 
Provisions  to  effect  prepayment  of  all  or  part  of  the  then 
outstanding  principal  and  unpaid  accrued  interest  on  the 
Bond,  on  the  earliest  prepayment  date  on  which  such  pre- 
payment may  be  made  under  the  Prepayment  Provisions. 

Section  9.4.  Reference  to  Bond  Ineffective  After  Bond 
Paid.  Except  as  provided  in  the  sixth  literary  paragraph 
of  Section  5.3  hereof,  upon  payment  in  full  of  the  Bond  and 
all  fees  and  charges  of  the  Bank,  the  Bank  as  agent  for  the 
holder  of  the  Bond  and  the  City,  all  references  in  this 
Agreement  to  the  Bond  shall  be  ineffective,  and  the  holder 
of  the  Bond  shall  thereafter  have  no  rights  hereunder, 
saving  and  excepting  those  that  shall  have  theretofore 
vested. 

ARTICLE  X. 

Events  of  Default  and  Remedies 

Section  10.1  Defaults.  It  shall  be  an  "event  of  default" 
under  this  Agreement,  if  any  of  the  following  shall  occur: 

(a)  Any  representation  or  warranty  made  by  the  Com- 
pany herein  or  any  statement  or  representation  made  in 
any  certificate,  report  or  opinion  (including  legal  opinions) 
delivered  pursuant  to  this  Agreement,  the  Trust  Agreement 
(including  requisitions  for  funds  under  Section  5.2  thereof) , 
the  Deed  of  Trust  or  the  Guaranty  Agreement  shall  prove 
to  have  been  incorrect  in  any  material  respect  when  made 
or  shall  be  breached;  or 

(b)  Default  shall  be  made  by  the  Company  in  the  pay- 
ment of  any  amounts  due  under  this  Agreement  when  due 


466  ORDINANCES  Ord.  No.  726 

and  payable,  whether  at  maturity,  by  obligation  or  election 
to  prepay,  or  otherwise,  unless  such  payment  is  made  within 
7  days  from  the  day  the  same  is  due  and  payable;  or 

(c)  Default  shall  be  made  by  the  Company  in  the  due 
observance  and  performance  of  any  covenant,  condition 
or  agreement  contained  in  Subsections  6.1  (  )  or  6.1  (  ) 
or  in  Section  6.2  and  such  default  shall  continue  unremedied 
for  7  days  thereafter;  or 

(d)  Default  shall  be  made  by  the  Company  in  the  due 
observance  or  performance  of  any  other  term,  covenant  or 
agreement  herein  contained,  which  default  shall  remain 
unremedied  for  30  days  after  written  notice  thereof  shall 
have  been  given  to  the  Company  by  the  Bank  as  agent 
for  the  holder  of  the  Bond  or  the  holder  of  the  Bond;  pro- 
vided, however,  if  such  default  be  such  that  it  cannot  be 
corrected  within  30  days,  it  shall  not  be  a  default  if  in  the 
opinion  of  the  Bank  as  agent  for  the  holder  of  the  Bond  the 
Company  is  taking  appropriate  corrective  action  to  cure 
the  default  and  if  such  default  will  not  impair  the  security 
assigned  to  the  Bank  as  agent  for  the  holder  of  the  Bond;  or 

(e)  The  Company  or  any  subsidiary  suspends  its  bus- 
iness, makes  an  assignment  for  the  benefit  of  creditors, 
files  a  petition  in  bankruptcy,  is  adjudicated  insolvent  or 
bankrupt,  petitions  or  applies  to  any  tribunal  for  any  re- 
ceiver or  any  trustee  of  the  Company,  or  any  subsidiary, 
or  any  substantial  part  of  its  property,  or  if  the  Company 
or  any  subsidiary  commences  any  proceeding  relating  to 
the  Company  or  any  subsidiary  under  any  reorganization, 
arrangement,  re-adjustment  of  debt,  dissolution  or  liquida- 
tion law  or  statute  of  any  jurisdiction,  whether  now  or 
hereafter  in  effect,  or  if  there  is  commenced  against  the 
Company  or  any  subsidiary  any  such  proceeding  which 
remains  undismissed  and  unstayed  for  a  period  of  30  days, 
or  if  the  Company  or  any  subsidiary  by  any  act  indicates 
its  consent  to,  approval  of,  or  acquiescence  in,  any  such  pro- 
ceeding or  the  appointment  of  any  receiver  of  or  any 
trustee  for  the  Company,  or  any  subsidiary,  or  any  sub- 
stantial part  of  its  property,  or  suffers  any  such  receiver- 
ship or  trusteeship  to  continue  uncontested  for  a  period  of 
30  days;  or 


ORDINANCES  467 

(f )  Any  judgment  against  the  Company,  or  any  attach- 
ment or  other  levy  against  the  property  of  the  Company 
with  respect  to  a  claim,  for  any  amount  in  excess  of  $20,000 
remains  unpaid,  unstayed  on  appeal,  undischarged,  un- 
bonded or  undismissed  for  a  period  of  30  days;  or 

(g)  Default  shall  be  made  by  the  Company  in  the 
due  observance  or  performance  of  any  term,  covenant  or 
agreement  contained  in  the  Trust  Agreement  or  the  Deed 
of  Trust  which  shall  remain  unremedied  for  any  applicable 
grace  period,  if  any,  specified  in  the  Trust  Agreement  or 
the  Deed  of  Trust,  respectively;  or 

(h)  An  Event  of  Default  shall  occur  under  the  Guaranty 
Agreement;  or 

(i)  Any  obligation  of  the  Company  (other  than  its 
obligation  hereunder)  or  any  subsidiary  for  the  payment 
of  borrowed  money  becomes  and  is  declared  to  be  due  and 
payable  prior  to  the  expressed  maturity  thereof. 

Section  10.2.  Remedies  on  Default.  Whenever  any 
"event  of  default"  described  in  Section  10.1  hereof  shall 
have  occurred: 

(a)  The  Bank  as  agent  for  the  holder  of  the  Bond,  or 
the  holder  of  the  Bond,  may,  by  written  notice  to  the  Com- 
pany, declare  forthwith  due  and  payable  the  principal 
of  and  interest  on  the  Loan  and  all  other  moneys  payable 
hereunder,  whereupon  the  same  will  become  forthwith 
due  and  payable,  without  further  protest,  presentment, 
notice  or  demand,  all  of  which  are  expressly  waived  by  the 
Company. 

(b)  The  Bank  as  agent  for  the  holder  of  the  Bond, 
or  the  holder  of  the  Bond,  or  the  City,  may  from  time  to 
time  take  whatever  action  at  law  or  in  equity  may  appear 
necessary  or  desirable  to  collect  the  moneys  payable  by  the 
Company  hereunder  (whether  then  due  or  thereafter  to 
become  due) ,  or  to  enforce  performance  and  observance  of 
any  obligation,  agreement  or  covenant  of  the  Company 
under  this  Agreement. 

Section  10.3.  No  Remedy  Exclusive.  No  remedy  herein 
conferred  upon  or  reserved  to  the  City  or  the  holder  of  the 


468  ORDINANCES  Ord.  No.  726 

Bond  or  the  Bank  as  agent  for  the  holder  of  the  Bond  is 
intended  to  be  exclusive  of  any  other  available  remedy  or 
remedies,  but  each  and  every  such  remedy  shall  be  cumu- 
lative and  shall  be  in  addition  to  eveiy  other  remedy  given 
under  this  Agreement  or  now  or  hereafter  existing  at  law 
or  in  equity  or  by  statute.  No  delay  or  omission  to  exercise 
any  right  or  power  accruing  upon  any  default  shall  impair 
any  such  right  or  power  or  shall  be  construed  to  be  a  waiver 
thereof,  but  any  such  right  or  power  may  be  exercised  from 
time  to  time  and  as  often  as  may  be  deemed  expedient. 
In  order  to  entitle  the  City,  the  holder  of  the  Bond  or  the 
Bank  as  agent  for  the  holder  of  the  Bond  to  exercise  any 
remedy  reserved  to  them  in  this  Article,  it  shall  not  be 
necessary  to  give  any  notice,  other  than  such  notice  as 
may  be  herein  expressly  required.  Such  rights  and  remedies 
as  are  given  the  City  hereunder  shall  also  extend  to  the 
Bank  as  agent  for  the  holder  of  the  Bond;  and  the  Bank 
as  agent  for  the  holder  of  the  Bond  and  the  holder  of  the 
Bond,  subject  to  the  provisions  of  the  Ordinance,  shall  be 
entitled  to  the  benefit  of  all  covenants  and  agreements  herein 
contained. 

Section  10.4.  Agreement  to  Pay  Attorney's  Fees  and  Ex- 
penses.  In  the  event  the  Company  should  default  under 
any  of  the  provisions  of  this  Agreement,  and  the  City  or  the 
Bank  as  agent  for  the  holder  of  the  Bond  or  the  holder  of 
the  Bond  shall  hire  attorneys  or  incur  other  expenses  for 
the  collection  of  the  payments  due  hereunder  or  the  en- 
forcement or  performance  or  observance  of  any  obligation 
or  agreement  on  the  part  of  the  Company  herein  contained, 
the  Company  agrees  that  it  will  on  demand  therefor  pay  to 
the  City,  the  Bank  as  agent  for  the  holder  of  the  Bond,  and 
the  holder  of  the  Bond  the  reasonable  fees  of  such  attorneys 
and  such  other  reasonable  expenses  incurred  by  the  City, 
the  Bank  as  agent  for  the  holder  of  the  Bond,  or  the  holder 
of  the  Bond. 

Section  10.5.  No  Additional  Waiver  Implied  by  One 
Waiver.  In  the  event  any  term,  covenant  or  agreement 
contained  in  this  Agreement  shall  be  breached  by  either 
party  and  thereafter  waived  by  the  other  party,  such 
waiver  shall  be  limited  to  the  particular  breach  hereunder. 


ORDINANCES  469 

ARTICLE  XL 

Prepayment 

Section  11.1.  Optional  Prepayment.  The  Company  shall 
have  the  right  upon  two  Banking  Days'  prior  written  notice 
to  the  City  and  the  Bank  as  agent  for  the  holder  of  the 
Bond  and  the  holder  of  the  Bond,  to  prepay  the  moneys  due 
hereunder  in  whole  or  in  part  on  any  interest  payment  date, 
provided  that  (i)  each  partial  prepayment  shall  be  in  an 
amount  not  less  than  $50,000  (and  in  multiples  of  $5,000), 
(ii)  interest  on  the  amount  prepaid  accrued  to  the  prepay- 
ment date,  shall  be  paid  on  such  prepayment  date,  and  (iii) 
each  partial  prepayment  shall  be  applied  to  the  principal 
due  hereunder  in  the  inverse  order  of  the  installment  pay- 
ment dates.  Such  prepayment  shall  be  without  premium  or 
penalty. 

Section  11.2.  Mandatory  Prepayment.  The  Company 
shall  be  obligated  to  prepay  the  amounts  due  hereunder  if, 
prior  to  the  expiration  of  the  Loan  Term  and  prior  to  the 
full  payment  of  the  Bond,  any  of  the  following  shall  have 
occurred: 

(a)  As  a  result  of  any  change  in  the  Constitution  of  the 
State  of  Maryland,  or  the  Constitution  of  the  United  States 
of  America,  or  of  legislative  or  administrative  action 
(whether  State  or  federal),  this  Agreement  or  the  Ordi- 
nance shall  have  become  void  or  unenforceable  or  impossible 
of  performance  in  accordance  with  the  intent  and  purposes 
of  the  parties  as  expressed  in  this  Agreement  or  in  the 
Ordinance;  or 

(b)  The  Company,  or  its  permitted  successors  or  as- 
signs, shall,  for  any  reason  whatsoever,  discontinue  the  use 
and  occupancy  of  the  Industrial  Building,  or  any  part 
thereof,  for  its  intended  purposes. 

The  Company  shall,  within  10  days  following  knowledge 
by  it  of  any  of  the  events  obligating  the  Company  to  prepay 
the  amounts  due  under  this  Section  11.2,  give  written  notice 
to  the  City,  the  Bank  as  agent  for  the  holder  of  the  Bond, 
and  the  holder  of  the  Bond,  indicating  whether  any  of  the 
principal  of  or  interest  on  the  Bond  shall  then  be  unpaid, 
and  shall  specify  therein  the  proposed  date  of  such  prepay- 
ment, which  date  shall  be  not  less  than  15  nor  more  than 


470  ORDINANCES  Ord.  No.  726 

60  days  from  the  date  such  notice  is  mailed,  and  shall  make 
arrangements  satisfactory  to  the  Bank  as  agent  for  the 
holder  of  the  Bond  and  the  holder  of  the  Bond  for  the  pre- 
payment of  the  Bond. 

The  amount  payable  by  the  Company  pursuant  to  the 
provisions  of  this  Section  shall  be  the  sum  of  the  following 
(i)  an  amount  of  money  which  when  added  to  the  amount 
on  deposit  with  the  Bank  as  agent  for  the  holder  of  the 
Bond  for  payment  of  the  Bond,  if  any,  will  be  sufficient  to 
prepay  all  the  outstanding  principal  of  and  accrued  and 
unpaid  interest  on  the  Bond,  including  all  payment  ex- 
penses ;  plus  (ii)  an  amount  of  money  equal  to  the  fees  and 
expenses  of  the  Bank,  the  fees  and  expenses  of  the  Bank  as 
agent  for  the  holder  of  the  Bond,  and  the  fees  and  expenses 
of  the  City,  if  any,  accrued  and  to  accrue  until  such  final 
payment  of  the  Bond. 

ARTICLE  XII. 

Miscellaneous 

Section  12.1.  Notices.  All  notices,  certificates  or  other 
written  communications  hereunder  shall  be  sufficiently 
given  and  shall  be  deemed  given  when  mailed  by  registered 
mail,  postage  prepaid,  addressed  as  follows :  if  to  the  City, 
to  the  Deputy  Treasurer  of  the  City,  City  Hall,  Baltimore, 
Maryland  21202 ;  if  to  the  Company  to  , 

The  Mudge  Paper  Company,  1400  Russell  Street,  Baltimore, 
Maryland  21230 ;  and,  if  to  the  Bank  as  agent  for  the  holder 
of  the  Bond,  to  Mercantile-Safe  Deposit  and  Trust  Com- 
pany, 2  Hopkins  Plaza,  Baltimore,  Maryland  21201.  A 
duplicate  copy  of  each  notice,  certificate  or  other  communi- 
cation given  hereunder  by  either  the  City  or  the  Company 
to  the  other  shall  also  be  given  to  the  Bank  as  agent  for  the 
holder  of  the  Bond.  The  City,  the  Company,  the  Bank  as 
agent  for  the  holder  of  the  Bond,  and  the  holder  of  the 
Bond,  may,  by  written  notice  given  hereunder,  designate 
any  further  or  different  addresses  to  which  subsequent 
notices,  certificates  or  other  communications  shall  be  sent. 

Section  12.2.  Expenses.  The  Company  agrees  to  pay, 
whether  out  of  the  proceeds  of  the  Loan  or  other  funds,  all 
reasonable  expenses  of  the  City,  the  Bank,  the  Bond  Regis- 


ORDINANCES  471 

trar  (referred  to  in  the  Ordinance)  and  the  Bank  as  agent 
for  the  holder  of  the  Bond  (including  the  fees  and  ex- 
penses of  their  counsel)  in  connection  with  the  issuance 
of  the  Bond  and  the  transactions  contemplated  hereby, 
including  all  costs  of  recording  and  filing  (fees  and  taxes). 
In  addition,  upon  notice  in  writing  from  the  Bank  as  agent 
for  the  holder  of  the  Bond  to  the  Company  that  the  holder 
of  the  Bond  or  the  Bank  as  agent  for  the  holder  of  the 
Bond  has  incurred  any  tax  liability  or  other  expenses  re- 
sulting from  the  imposition  by  the  United  States  Govern- 
ment of  taxes  or  other  levies  in  connection  with  this  Agree- 
ment, other  than  federal  income  taxes  referred  to  in 
Section  5.3  hereof,  the  Company  agrees  to  pay  any  and  all 
such  taxes  or  expenses.  So  long  as  the  Bank  is  the  holder 
of  the  Bond,  the  Bank  as  agent  for  the  holder  of  the  Bond 
shall  not  charge  a  fee  for  its  ordinary  services  in  such 
capacity.  In  no  event  shall  any  services  or  action  rendered 
or  taken  by  the  Bank  as  agent  for  the  holder  of  the  Bond 
occasioned  by  any  event  of  default  hereunder  be  deemed 
"ordinary  services."  During  such  period  as  the  Bond,  or 
any  part  thereof,  is  held  by  anyone  other  than  the  Bank,  the 
Company  shall  pay  directly  to  the  Bank  as  agent  for  the 
holder  of  the  Bond  a  reasonable  fee  sufficient  to  compen- 
sate it  for  its  services  in  such  capacity  as  agent  for  the 
holder  of  the  Bond,  and  failure  to  pay  such  fee  shall  be 
deemed  an  event  of  default  under  this  Agreement. 

Section  12.3.  Books  and  Records.  The  City,  the  holder  of 
the  Bond  and  the  Bank  as  agent  for  the  holder  of  the 
Bond,  in  the  event  any  of  the  principal  of  and  interest  on 
the  Bond  shall  at  the  time  be  outstanding  and  unpaid,  may 
have  access  to  and  inspect,  examine,  and  make  copies  of 
the  books  and  records  and  any  and  all  accounts,  data  and 
income  tax  and  other  tax  returns  of  the  Company. 

Section  12.4.  Binding  Effect  This  Agreement  shall  inure 
to  the  benefit  of  and  shall  be  binding  upon  the  City,  the 
Company,  and  their  respective  successors  and  assigns. 

Section  12.5.  Severability.  In  the  event  any  provision  of 
this  Agreement  shall  be  held  invalid  or  unenforceable  by 
any  court  of  competent  jurisdiction,  such  holding  shall  not 


472  ORDINANCES  Ord.  No.  726 

invalidate    or    render    unenforceable    any    other   provision 
hereof. 

Section  12.6.  Amounts  Remaining  with  Bank.  It  is 
agreed  by  the  parties  hereto  that  any  amounts  remaining 
with  the  Bank  as  agent  for  the  holder  of  the  Bond  upon 
expiration  or  sooner  termination  of  the  Loan  Term,  as  pro- 
vided in  this  Agreement,  after  payment  in  full  of  the  Bond 
and  the  fees,  charges  and  expenses  of  the  Bank,  the  Bank 
as  agent  for  the  holder  of  the  Bond  and  the  City  and  all 
other  expenses  required  to  be  paid  under  this  Agreement, 
the  Deed  of  Trust,  the  Trust  Agreement  and  the  Guaranty 
Agreement,  shall  belong  to  and  be  paid  to  the  Company 
by  the  Bank  as  agent  for  the  holder  of  the  Bond  as  an 
overpayment  of  the  amounts  due  hereunder. 

Section  12.7.  Amendments,  Changes  and  Modifications. 
Except  as  otherwise  provided  in  this  Agreement,  subse- 
quent to  the  issuance  of  the  Bond  and  prior  to  its  payment 
in  full,  this  Agreement  may  not  be  amended,  changed, 
modified,  altered,  or  terminated  without  the  prior  written 
consent  of  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  of  the  holder  of  the  Bond. 

Section  12.8.  Executed  Counterparts.  This  Agreement 
may  be  executed  in  several  counterparts,  each  of  which 
shall  be  an  original  and  all  of  which  shall  constitute  but 
one  and  the  same  instrument. 

Section  12.9.  Indemnification  of  City  and  Bank.  The 
Company  shall  protect,  indemnify,  and  save  harmless  the 
City,  the  Bank  and  the  Bank  as  agent  for  the  holder  of 
the  Bond  and  their  respective  officers,  employees  and  agents 
against  and  from  any  and  all  liabilities,  suits,  actions, 
claims,  demands,  losses,  expenses  and  costs  of  every  kind 
and  nature  incurred  by,  or  asserted  or  imposed  against, 
the  City,  the  Bank,  the  Bank  as  agent  for  the  holder  of 
the  Bond  and  their  respective  officers,  agents  or  employees, 
or  any  of  them,  by  reason  of  any  accident,  injury  (includ- 
ing death)  or  damage  to  any  person  or  property,  howso- 
ever caused,  resulting  from,  connected  with  or  growing 
out  of  any  act  of  commission  or  omission  of  the  Company, 
or  any  officers,  employees,  agents,  assignees,  contractors 
or  subcontractors  of  the  Company,   or  any  use,  non-use, 


ORDINANCES  473 

possession,  occupation,  condition,  operation,  service,  design, 
construction,  acquisition,  maintenance  or  management  of, 
or  on,  or  in  connection  with,  the  Industrial  Building  or  any 
part  thereof,  during  the  term  of  this  Agreement  and  regard- 
less of  whether  such  liabilities,  suits,  actions,  claims,  de- 
mands, damages,  losses,  expenses  and  costs  be  ag*ainst  or  be 
suffered  or  sustained  by  the  City,  the  Bank,  or  the  Bank  as 
agent  for  the  holder  of  the  Bond  or  any  of  their  respective 
officers,  agents  or  employees,  or  be  against  or  be  suffered 
or  sustained  by  other  persons,  corporations,  or  other  legal 
entities  to  whom  the  City,  the  Bank,  or  the  Bank  as  agent 
for  the  holder  of  the  Bond  or  any  of  their  respective 
officers,  agents  or  employees  may  become  liable  therefor. 
The  City  shall  not  be  liable  for  any  damage  or  injury  oc- 
curring during  the  term  of  this  Agreement,  to  the  persons 
or  property  of  the  Company  or  any  of  its  officers,  agents, 
including  operating  personnel,  contractors  and  employees, 
or  any  other  person  or  entity  who  or  which  may  be  upon 
the  Industrial  Building,  due  to  any  act  or  negligence  of 
any  person  or  entity  other  than  the  City,  its  officers,  agents, 
servants  and  employees.  The  Company  may,  and  if  so  re- 
quested by  the  City,  the  Bank,  or  the  Bank  as  agent  for 
the  holder  of  the  Bond  shall,  undertake  to  defend,  at  its 
sole  cost  and  expense,  any  and  all  suits,  actions  or  pro- 
ceedings brought  against  the  City,  the  Bank,  or  the  Bank 
as  agent  for  the  holder  of  the  Bond  or  any  of  their  re- 
spective officers,  agents  or  employees  in  connection  with 
any  of  the  matters  mentioned  in  this  Section,  provided  that 
the  City,  the  Bank,  or  the  Bank  as  agent  for  the  holder  of 
the  Bond  shall  give  the  Company  timely  notice  of  and  shall 
forward  to  the  Company  every  demand,  notice,  summons  or 
other  process  received  with  respect  to  any  claim  or  legal 
proceedings  within  the  purview  hereof. 

Section  12.10.  Filing.  The  security  interest  created 
herein  and  by  the  Assignment  shall  be  perfected  by  the 
filing  of  financing  statements  which  fully  comply  with  the 
Maryland  Uniform  Commercial  Code  —  Secured  Transac- 
tions, in  the  office  of  the  Clerk  of  the  Superior  Court  of 
Baltimore  City,  Maryland,  and  in  the  Office  of  the  State 
Department  of  Assessments  and  Taxation,  in  the  City  of 
Baltimore,  Maryland,  and  by  the  recording  of  the  Deed  of 
Trust  among  the  Land  Records  of  Baltimore  City,  Mary- 


474  ORDINANCES  Ord.  No.  726 

land,  to  the  end  that  the  rights  of  the  holder  of  the  Bond 
and  the  Bank  as  agent  for  the  holder  of  the  Bond  shall  be 
fully  preserved  as  against  creditors  of,  or  purchasers  for 
value  from,  the  City  or  the  Company.  The  parties  further 
agree  that  all  necessary  continuation  statements  shall  be 
filed  within  the  time  prescribed  by  the  Maryland  Uniform 
Commercial  Code  —  Secured  Transactions,  in  order  to  con- 
tinue the  security  interest  created  by  this  Agreement  and 
the  Assignment. 

Section  12.11.  Net  Agreement.  This  Agreement  shall 
be  deemed  and  construed  to  be  a  "net  agreement",  and  the 
Company  shall  repay  absolutely  net  during  the  Loan  Term 
all  payments  required  hereunder,  free  of  any  deductions, 
without  abatement,  deduction  or  setoff. 

Section  12.12.  Law  Governing  Construction  of  Agree- 
ment. This  Agreement  shall  be  governed  by,  and  con- 
strued in  accordance  with,  the  laws  of  the  State  of  Mary- 
land. 

Section  12.13.  Exculpation  for  City.  Nothing  in  this 
Loan  Agreement  shall  be  construed  as  creating  any  pecu- 
niary liability  by  the  City  to  the  Bank  as  agent  for  the 
holder  of  the  Bond  or  to  the  holder  of  the  Bond. 

IN  WITNESS  WHEREOF,  MAYOR  AND  CITY  COUN- 
CIL OF  BALTIMORE,  MARYLAND  has  caused  this 
Agreement  to  be  executed  by  the  manual  signature  of  its 
Mayor,  and  its  corporate  seal  to  be  impressed  hereon,  and 
attested  by  the  manual  signature  of  its  Deputy  Treasurer; 
and  THE  MUDGE  PAPER  COMPANY  has  caused  this 
Agreement  to  be  executed  by  the  manual  signature  of  its 
,  and  its  corporate  seal  to  be  impressed 
hereon,  and  attested  by  its  Secretary  or  its  Assistant  Secre- 
tary all  being  done  as  of  the  day  and  year  first  above 
written. 

MAYOR  AND  CITY  COUNCIL 
OF  BALTIMORE 


By  

Mayor 


ORDINANCES  475 

ATTEST: 


Deputy  Treasurer 
[CITY  SEAL] 

THE  MUDGE  PAPER  COMPANY 

By  - 


[COMPANY  SEAL] 

EXHIBIT  A 

to 

Loan  Agreement  dated  as  of  ,  1978 

by  and  between  Mayor  and  City  Council  of  Baltimore 

and  The  Mudge  Paper  Company 

DESCRIPTION  OF  INDUSTRIAL  BUILDING 

The  Industrial  Building  will  be  located  in  the  Crossroads 
Industrial  Centre,  Baltimore  City,  Maryland,  and  will  con- 
sist of  a  warehouse  and  office  building  to  be  used  in  the 
Company's  business  of  the  distribution  of  paper  and  paper 
products.  The  proposed  facility  will  consist  of  a  42,000  to 
60,000  square  foot  building  on  a  4.67  acre  parcel  of  land 
to  be  purchased  from  the  City  with  the  proceeds  of  the 
Bond.  In  addition,  the  Company  intends  to  purchase  equip- 
ment, including  shelving,  with  the  proceeds  of  the  Bond  in 
order  to  supplement  equipment  transferred  to  the  Indus- 
trial Building  from  the  Company's  present  location. 

It  is  anticipated  that  approximately  35  to  46  employees 
will  work  at  the  facility. 

The  Industrial  Building  will  be  completed  in  accordance 
with  the  Plans  and  Specifications  referred  to  and  defined 
in  the  Trust  Agreement  (as  defined  in  the  Loan  Agree- 
ment to  which  this  Exhibit  A  is  attached). 

Sec.  12.  Be  it  further  ordained,  That  the  Assignment  by 
which  the  City  assigns  to  the  Bank  as  agent  for  the  holder 
of  the  Bond  all  of  its  right,  title  and  interest  in  and  to, 
and  remedies  under  the  Loan  Agreement  and  moneys  due 


476  ORDINANCES  Ord.  No.  726 

and  to  become  due  the  City  thereunder,  and  all  collateral 
pledged  thereunder,  and  all  of  its  right,  title  and  interest 
in  and  to,  and  remedies  under,  the  Deed  of  Trust,  shall  be 
substantially  in  the  following  form,  and  the  form,  with 
such  changes  therein  as  the  Commissioners  of  Finance  of 
the  City  shall  approve,  is  hereby  adopted  by  the  City  as 
and  for  the  form  and  tenor  of  the  obligation  to  be  per- 
formed, and  the  Assignment  is  hereby  made  binding  upon 
the  City. 

FORM  OF  ASSIGNMENT 
ASSIGNMENT 

For  the  benefit  of  the  holder,  from  time  to  time,  of  the 
City  of  Baltimore,  Maryland  Industrial  Development  Reve- 
nue Bond  (The  Mudsre  Paper  Company  Project)  in  the 
principal  amount  of  $1,000,000  dated  as  of  June  1,  1978 
(herein  called  the  "Bond") ,  and  as  security  for  the  due  and 
punctual  payment  of  the  principal  of  and  interest  due  on 
the  Bond  and  as  security  for  the  performance  by  Mayor 
and  City  Council  of  Baltimore  (herein  called  the  "City"), 
of  any  other  obligations  under  Ordinance  No.  of  the 

City,  approved  by  the  Mayor  of  the  City  on  ,  1978 

(herein  called  the  "Ordinance"),  the  City  hereby  pledges 
and  assigns  to  Mercantile-Safe  Deposit  and  Trust  Com- 
pany as  agent  for  the  holder  of  the  Bond  (in  such  capacity 
herein  called  the  "Assignee"),  the  following:  (a)  all  right, 
title  and  interest  of  the  City  in,  to  and  under  that  certain 
Loan  Agreement  dated  as  of  the  date  hereof  (herein  called 
the  "Loan  Agreement"),  between  the  City  and  The  Mudge 
Paper  Company,  a  Maryland  corporation  (herein  called  the 
"Company"),  together  with  all  moneys  due  and  to  become 
due  to  the  City  thereunder  (except  any  payments  to  be 
made  to  the  City  pursuant  to  the  fourth  literary  paragraph 
of  Section  5.3  of  the  Loan  Agreement  and  Sections  10.4, 
12.2  and  12.9  of  the  Loan  Agreement),  and  all  collateral 
pledged  from  time  to  time  thereunder  as  security  for  the 
loan  in  the  amount  of  $1,000,000  made  by  the  City  to  the 
Company  on  the  date  hereof  (the  "Loan"),  which  Loan  is 
evidenced  and  secured  by  the  Loan  Agreement,  and  all 
rights  and  remedies  of  the  City  thereunder,  and  the  City 
hereby  appoints  the  Assignee  as  agent  for  the  purpose  of 
receiving  and  disbursing  such  moneys  due  and  to  become 
due  under  the  Loan  Agreement,    (b)   all  right,  title  and 


ORDINANCES  477 

interest  of  the  City  in,  to  and  under  that  certain  Deed  of 
Trust  dated  as  of  the  date  hereof  (herein  called  the  "Deed 
of  Trust"),  between  the  Company  and 
and  ,  trustees,  executed  and  delivered 

by  the  Company  as  security  for  the  Loan. 

The  Assignee  shall  not  by  the  acceptance  of  this  Assign- 
ment be  deemed  to  assume,  or  in  any  way  to  become  re- 
sponsible for  the  performance  of,  any  of  the  duties,  under- 
takings or  obligations  of  the  City  under  the  Loan  Agree- 
ment, except  as  specifically  set  forth  herein. 

The  Assignee,  by  the  acceptance  hereof,  hereby  agrees 
with  the  City  for  the  benefit  of  the  holder  of  the  Bond  as 
follows : 

A.  The  Assignee  shall  receive  and  hold  the  rights  and 
moneys  hereby  assigned,  in  trust,  for  the  benefit  of  the 
holder  from  time  to  time  of  the  Bond  and  shall  promptly 
apply  all  moneys  from  time  to  time  received  and  held  by 
the  Assignee  hereunder  in  the  following  order  of  priority: 
first,  to  the  payment  when  due  of  interest  (including  addi- 
tional interest,  if  any),  and  premium,  if  any,  on  the  Bond; 
second,  to  the  payment  when  due  of  principal  of  the  Bond; 
third,  to  the  payment  of  any  additional  expenses  as  pro- 
vided in  Sections  5.3,  10.4,  12.2  and  12.9  of  the  Loan  Agree- 
ment; and,  fourth,  as  to  any  balance  remaining  with  the 
Assignee  upon  expiration  or  earlier  termination  of  the 
Loan  Term  as  described  in  the  Loan  Agreement,  to  the 
Company  in  accordance  with  the  provisions  of  the  Loan 
Agreement.  The  Assignee  further  agrees  that  it  shall  en- 
force, at  the  direction  of  the  holder  of  the  Bond,  each  and 
every  right  granted  to  the  City  pursuant  to  the  Loan 
Agreement  and  the  Deed  of  Trust,  and  that  nothing  in  the 
aforesaid  instruments,  or  this  Assignment,  shall  obligate 
the  City  to  act  or  refrain  from  acting  under  such  instru- 
ments, it  being  understood  that  the  holder  of  the  Bond 
shall  look  solely  to  the  Bank  as  agent  for  the  holder  of  the 
Bond  pursuant  to  this  Assignment  for  enforcement  of  its 
rights  and  remedies  under  the  Loan  Agreement,  the  Deed 
of  Trust,  the  Bond,  and  the  Guaranty  Agreement  referred 
to  in  the  Loan  Agreement. 

B.  The  Assignee  accepts  this  Assignment  upon  the  fol- 
lowing express  terms  and  conditions: 


478  ORDINANCES  Ord.  No.  726 

1.  The  Assignee  shall  not  be  liable  or  responsible  for 
any  action  taken  or  omitted  by  it  under  this  Assignment 
or  with  respect  to  the  Bond,  except  for  its  own  gross 
negligence  or  willful  misconduct; 

2.  The  holder  of  the  Bond  (other  than  the  Assignee) 
shall  indemnify  and  hold  the  Assignee  harmless  against 
any  cost  or  expense  (including  counsel  fees)  and  against 
any  loss  or  liability  (except  such  as  results  from  the  As- 
signee's own  gross  negligence  or  misconduct),  which  the 
Assignee  may  suffer  or  incur  by  reason  of  any  action  taken 
or  omitted  by  the  Assignee  hereunder; 

3.  The  Assignee  shall  carry  out  its  duties  hereunder 
in  accordance  with  the  express  provisions  of  this  Assign- 
ment and  the  Loan  Agreement,  provided  that,  as  to  any 
matters  not  expressly  provided  for,  the  Assignee  may  act 
and  refrain  from  acting  in  its  reasonable  discretion;  and 

4.  Nothing  in  this  Assignment  shall  be  construed  as 
creating  any  pecuniary  liability  on  the  part  of  the  City 
to  the  holder  of  the  Bond. 

This  Assignment  shall  constitute  a  first  lien  upon  the 
rights  of  the  City  under  (a)  the  Loan  Agreement  and  of 
all  moneys  due  and  to  become  due  to  the  City  thereunder, 
and  the  collateral  pledged  thereunder,  and  (b)  the  Deed 
of  Trust,  subject  to  no  equal  or  prior  lien  or  encumbrance 
of  any  nature  whatsoever.  With  respect  to  the  security 
interest  created  hereby,  the  Assignee  shall  have  all  of  the 
rights  and  remedies  of  a  secured  party  under  the  Maryland 
Uniform  Commercial  Code. 

IN  WITNESS  WHEREOF,  the  City  has  caused  this  As- 
signment to  be  duly  executed  by  its  Mayor  by  his  manual 
signature  and  has  caused  its  official  seal  to  be  hereunto 
affixed  and  attested  by  its  Deputy  Treasurer  by  his  manual 
signature,  all  as  of  the  day  of  ,  1978. 

ATTEST:  MAYOR  AND  CITY  COUNCIL 

OF  BALTIMORE 

- By 

Deputy  Treasurer  Mayor 

[CITY  SEAL] 


ORDINANCES  479 

ACCEPTED  : 

MERCANTILE-SAFE  DEPOSIT 
AND  TRUST  COMPANY 

By   - 

ACKNOWLEDGMENT 

The  undersigned  hereby  acknowledges  receipt  of  notice 
of  the  foregoing  Assignment,  and  intending  to  be  legally 
bound,  hereby  agrees  with  the  Assignee  therein  named  (1) 
to  pay  directly  to  the  Assignee  all  moneys  due  and  to  be- 
come due  from  the  undersigned  under  the  Loan  Agree- 
ment referred  to  in  the  Assignment,  (2)  to  perform  for 
the  benefit  of  the  Assignee  all  of  the  duties  and  under- 
takings of  the  undersigned  under  the  Loan  Agreement  re- 
ferred to  in  the  Assignment,  and  (3)  that  the  Assignee 
shall  not  be  obligated  by  reason  of  the  Assignment  to  per- 
form or  be  responsible  for  the  performance  of  any  of  the 
duties,  undertakings  or  obligations  of  the  City  under  the 
Loan  Agreement. 

IN  WITNESS  WHEREOF,  the  undersigned  has  caused 
this  Acknowledgment  to  be  duly  executed  in  its  name  and 
its  seal  to  be  hereunto  affixed  and  attested  by  its  duly 
authorized  officers,  all  as  of  the  day  of  , 

1978. 

ATTEST:                        THE  MUDGE  PAPER  COMPANY 
- By _ 

Sec.  13.  Be  it  further  ordained,  That  the  Trust  Agree- 
ment by  and  between  the  Company  and  the  Trustees  pur- 
suant to  which  the  proceeds  of  the  Loan  will  be  deposited  in 
trust  with  the  Trustees  and  held,  invested  and  disbursed  by 
them  as  therein  provided,  shall  be  substantially  in  the  fol- 
lowing form,  and  the  form,  with  such  changes  therein  as 
the  Commissioners  of  Finance  of  the  City  shall  approve  on 
behalf  of  the  City  is  hereby  adopted  by  the  City  as  and  for 
the  form  and  tenor  of  the  Trust  Agreement. 

FORM  OF  TRUST  AGREEMENT 
TRUST  AGREEMENT 
THIS  TRUST  AGREEMENT  is  made  as  of  the  day 

of  ,  1978,  by  and  between  THE  MUDGE  PAPER 


480  ORDINANCES  Ord.  No.  726 

COMPANY,   a   Maryland   corporation,    (the   "Company") 
and  and  ,  Trustees, 

(the  "Trustees"). 

RECITALS 

A.  Pursuant  to,  and  in  accordance  with,  the  authority 
set  forth  in  Article  41,  Sections  266A  through  266-1  of  the 
Annotated  Code  of  Maryland  (1978  Replacement  Volume), 
as  amended  (the  "Act"),  the  Company  has  received  from 
Mayor  and  City  Council  of  Baltimore  (the  "City"),  a  loan 
in  the  amount  of  $1,000,000  (the  "Loan")  evidenced  and 
secured  by  a  Loan  Agreement  between  the  City  and  the 
Company  of  even  date  herewith  (the  "Loan  Agreement"), 
and  also  secured  by  a  Deed  of  Trust  between  the  Company 
and  and  , 
Trustees  (the  "Deed  of  Trust").  The  proceeds  of  the  Loan 
will  be  used  to  finance  the  acquisition  (as  that  term  is  de- 
fined in  the  Act)  of  a  certain  "industrial  building"  (as  that 
term  is  defined  in  the  Act)  to  be  located  in  the  City  of  Bal- 
timore, Maryland  (the  "Industrial  Building"),  which  In- 
dustrial Building  is  more  particularly  described  in  Exhibit 
A  attached  to  and  made  a  part  of  the  Loan  Agreement. 

B.  The  City  has  borrowed  the  money  necessary  to  ac- 
complish the  aforesaid  financing  by  issuing,  pursuant  to 
the  Act,  its  Mayor  and  City  Council  of  Baltimore,  Maryland 
Industrial  Development  Revenue  Bond  (The  Mudge  Paper 
Company  Project),  in  the  principal  amount  of  $1,000,000 
dated  as  of  June  1,  1978  (the  "Bond"),  which  Bond  has, 
on  the  date  of  the  delivery  hereof,  been  purchased  at  par 
from  the  City  by  Mercantile-Safe  Deposit  and  Trust  Com- 
pany, a  Maryland  banking  corporation    (the  "Bank"). 

C.  The  issuance,  sale  and  delivery  of  the  Bond  by  the 
City  has  been  authorized  by  the  Act  and  by  Ordinance  No. 

of  the  City  approved  by  the  Mayor  of  the  City 
on  ,  1978  (the  "Ordinance"). 

D.  The  City  has  made  the  Loan,  and  the  Bank  has  pur- 
chased the  Bond,  upon  the  condition  that  this  Trust  Agree- 
ment be  executed  and  delivered  to  assure  the  application  of 
the  proceeds  of  the  Loan  to  the  acquisition  of  the  Industrial 
Building  and  financing  costs,  in  accordance  with  the  de- 


ORDINANCES  481 

scription  of  the  Industrial  Building  set  forth  in  Exhibit  A 
to  the  Loan  Agreement. 

NOW,  THEREFORE,  this  Trust  Agreement  witnesses: 

1.  Completion.  The  Company  covenants  and  agrees 
to  complete  the  acquisition  of  the  Industrial  Building  as 
described  in  Exhibit  A  to  the  Loan  Agreement  and  in 
accordance  with  the  plans  and  specifications  prepared  by 

(the  "Architect")  heretofore  submitted 
to  and  approved  by  the  Bank  and  by  the  Department  of 
Housing  and  Community  Development  (the  "Plans  and 
Specifications" )  and  in  accordance  with  the  construction 
contract  between  the  Company  and  (the 

"General   Contractor")    heretofore  submitted  to  and  ap- 
proved by  the  Bank,  on  or  before  ,   197  . 

2.  Receipt  by  Trustees.  The  Trustees  have  received 
from  the  Company  the  sum  of  $1,000,000  (the  "Deposit") 
and  have  deposited  the  same  to  their  credit  as  Trustees 
in  a  special  account  with  the  Bank  to  be  held,  invested  and 
paid  out  by  the  Trustees  as  hereinafter  provided.  The  De- 
posit shall  be  disbursed  in  accordance  with  the  provisions  of 
paragraphs  5  and  6  of  this  Trust  Agreement  and  shall  be 
made  as  the  acquisition  of  the  Industrial  Building  pro- 
gresses. 

3.  Investment  of  Deposit.  The  Deposit  shall  be  invested 
by  the  Trustees  as  set  forth  in  Section  4.6  of  the  Loan 
Agreement,  and  any  profits  of  such  investment  shall  be 
paid  over  by  the  Trustees  to  the  Bank  as  agent  for  the 
holder  of  the  Bond,  and  applied  by  the  Bank  as  agent  for 
the  holder  of  the  Bond,  as  set  forth  in  such  Section  4.6. 

4.  Additional  Funds.  The  Company  has  covenanted 
with  the  City  and  the  Bank  as  agent  for  the  holder  of 
the  Bond,  that  if  at  any  time  the  unpaid  cost  of  the  acquisi- 
tion of  the  Industrial  Building  (including  all  items  of  cost 
set  forth  in  Section  4.3  of  the  Loan  Agreement)  shall  exceed 
the  undisbursed  balance  of  the  Deposit,  it  will  provide  from 
sources  other  than  the  Loan  the  funds  necessary  to  pay  the 
total  cost  of  the  acquisition  of  the  Industrial  Building  (in- 
cluding all  items  of  cost  set  forth  in  Section  4.3  of  the  Loan 
Agreement)  free  of  all  liens  except  the  Deed  of  Trust.  The 


482  ORDINANCES  Ord.  No.  726 

Company's  funds  so  required  shall  be  advanced  before  any- 
initial  or  further  disbursement  of  the  Deposit. 

5.     Disbursements. 

5.1  Not  Assignable.  The  Deposit  shall  not  be  assign- 
able by  the  Company  nor  subject  to  the  process  of  any  court 
upon  legal  action  by  or  against  the  Company  or  by  or 
against  anyone  claiming  under  or  through  it,  and  for  the 
purposes  of  this  Agreement,  the  Deposit  shall  remain  in  the 
custody  of  the  Trustees  until  the  Company  complies  with 
each  and  all  of  the  provisions  hereof,  provided,  however, 
that  nothing  herein  contained  shall  be  considered  as  in 
anywise  modifying,  affecting  or  subordinating  the  obliga- 
tions heretofore  given  or  to  be  given  by  the  Company  as 
security  for  the  Loan,  and  the  same  shall  be  and  remain 
in  full  force,  tenor  and  effect,  this  Agreement  being  in- 
tended only  as  additional  security  and  protection  for  the 
Loan  and  to  assure  its  use  for  the  purposes  intended  by  the 
City,  the  Bank  as  agent  for  the  holder  of  the  Bond  and  the 
Company. 

5.2  Requisitions.  Disbursements  by  the  Trustees  shall 
be  made  on  requisitions  signed  by  the  Authorized  Company 
Representative  referred  to  in  the  Loan  Agreement,  on 
behalf  of  the  Company,  setting  forth  (a)  the  name  of  the 
person,  firm  or  corporation  to  whom  payment  is  due,  (b) 
the  amount  to  be  paid,  and  (c)  the  purpose  in  reasonable 
detail  for  which  the  obligation  to  be  paid  was  incurred. 
Each  requisition  for  construction  costs  shall  include  the 
AIA  approved  form  which  shall  be  signed  by  the  General 
Contractor,  and  approved  and  signed  by  an  engineer  or  in- 
spector representing  the  Bank  as  agent  for  the  holder  of 
the  Bond.  Each  requisition  shall  contain  the  certification 
by  the  Authorized  Company  Representative  referred  to  in 
the  Loan  Agreement  that  (a)  none  of  the  items  for  which 
funds  are  being  requisitioned  has  formed  the  basis  for  any 
advance  theretofore  made  hereunder,  (b)  each  item  for 
which  funds  are  being  requisitioned  is  necessary  in  con- 
nection with  the  acquisition  of  the  Industrial  Building  as 
described  in  Exhibit  A  attached  to  and  made  a  part  of  the 
Loan  Agreement,  and  (c)  all  of  the  funds  being  requisi- 
tioned are  being  used  in  compliance  with  Section  103  (b)  (2) 


ORDINANCES  483 

of  the  Internal  Revenue  Code  and  Treasury  Regulations 
thereunder,  and  that  substantially  all  of  such  funds  are 
being  used  for  the  acquisition  of  land,  or  for  the  acquisi- 
tion, construction  or  installation  of  property  of  a  character 
subject  to  the  allowance  for  depreciation  as  prescribed  in 
Section  103(b)  (6)  (A)  of  the  Internal  Revenue  Code  and 
the  Treasury  Regulations  thereunder.  No  disbursement  will 
be  made  for  materials  which  are  not  physically  incorporated 
into  the  Industrial  Building  unless  the  Bank  as  agent  for 
the  holder  of  the  Bond  instructs  the  Trustees  to  make  any 
such  disbursements.  Disbursements  for  construction  costs 
(other  than  the  last  advance)  shall  be  not  more  than  90% 
of  the  amount  requisitioned  or  such  greater  percentage 
as  may  be  agreed  by  the  Bank  as  agent  for  the  holder  of 
the  Bond.  All  disbursements  hereunder  will  be  made  di- 
rectly to  the  Company;  or,  if  directed  to  do  so  by  the 
Bank  as  agent  for  the  holder  of  the  Bond,  the  Trustees 
shall  make  all  advances  jointly  to  the  Company  and  the 
General  Contractor,  or  jointly  to  the  Company,  the  General 
Contractor,  and  any  subcontractor,  laborer,  materialman, 
or  person  furnishing  labor,  services,  or  materials  used  or 
to  be  used  in  the  acquisition  of  the  Industrial  Building.  The 
final  holdback  of  the  cost  of  construction  will  be  retained 
until  the  Trustees  have  been  furnished  with  (i)  a  copy  of 
the  Certificate  of  Completion  required  by  Section  4.4  of 
the  Loan  Agreement,  (ii)  final  waivers  of  liens  from  the 
General  Contractor  and  all  subcontractors,  and  (iii)  a 
copy  of  the  permanent  occupancy  certificate.  The  Trustees 
shall  have  a  period  of  ten  (10)  banking  days  within  which 
to  fund  each  requisition.  Requisitions  for  indirect  costs 
(meaning  all  costs  not  included  in  the  construction  con- 
tract between  the  Company  and  the  General  Contractor 
and  including  any  costs  for  equipment)  must  be  approved 
in  writing  by  the  Bank  as  agent  for  the  holder  of  the  Bond 
prior  to  any  disbursement  by  the  Trustees  of  any  portion  of 
the  Deposit  for  any  such  indirect  costs. 

5.3  Completion  of  Acquisition.  After  completion  of  the 
acquisition  of  the  Industrial  Building  and  payment  of  all 
costs  in  connection  therewith,  any  balance  remaining  in 
the  Deposit  shall  be  applied  by  the  Trustees  as  set  forth 
in  the  last  literary  paragraph  of  Section  4.3  of  the  Loan 
Agreement. 


484  ORDINANCES  Ord.  No.  726 

5.4  Liability  of  the  Trustees,  the  City,  the  Bank  and 
the  Bank  as  agent  for  the  holder  of  the  Bond.  The  Trustees, 
the  City,  the  Bank,  and  the  Bank  as  agent  for  the  holder 
of  the  Bond,  shall  in  no  event  be  responsible  or  liable  to 
any  person  other  than  the  Company  for  the  disbursement 
of  or  failure  to  disburse  the  Deposit  or  any  part  thereof 
and  neither  the  General  Contractor  nor  any  subcontractor 
nor  material  supplier  shall  have  any  right  or  claim  against 
the  Bank,  the  Bank  as  agent  for  the  holder  of  the  Bond,  the 
City  or  the  Trustees  under  this  Agreement  or  the  admin- 
istration thereof. 

6.  Conditions  Precedent  to  Disbursements.  With  each 
request  for  a  disbursement  hereunder,  the  Company  shall 
deliver  to  the  Trustees  a  requisition  covering  the  disburse- 
ment requested  meeting  the  requirements  of  paragraph  5.2 
hereof.  The  following  shall  be  conditions  precedent  to  each 
such  disbursement: 

(a)  the  Company  shall  not  be  in  default  in  the  per- 
formance of  the  terms  and  provisions  of  this  Agreement 
or  the  Loan  Agreement;  and 

(b)  there  shall  be  sufficient  time  in  the  opinion  of  the 
Bank  as  agent  for  the  holder  of  the  Bond,  to  complete  the 
acquisition  of  the  Industrial  Building  within  the  period 
of  time  provided  in  Section  1  hereof. 

7.  Covenants  of  the  Company.  The  Company  repre- 
sents and  warrants  to  and  covenants  with  the  Trustees 
for  the  benefit  of  the  City  and  the  Bank  as  agent  for  the 
holder  of  the  Bond,  that: 

7.1  The  Industrial  Building  and  the  use  thereof  for  its 
intended  purposes  will  not  violate  any  zoning  or  other  ordi- 
nance or  law  or  agreement  of  the  Company  applicable  to 
the  Industrial  Building  or  its  use,  that  the  Plans  and  Speci- 
fications for  the  acquisition  of  the  Industrial  Building  have 
been  approved  by  all  governmental  authorities  having  juris- 
diction, and  that  all  necessary  building  permits  have  been 
obtained  or  will  be  obtained. 

7.2  The  Company  will  furnish  to  the  Trustees,  upon 
request,  assurances  satisfactory  to  the  City  and  the  Bank 
that  funds  necessary  to  complete  the  acquisition  of  the 
Industrial  Building  in  excess  of  sums  in  the  Deposit  will  be 


ORDINANCES  485 

advanced  by  the  Company,  pursuant  to  Paragraph  4  of  this 
Trust  Agreement. 

7.3  No  material  changes  will  be  made  in  the  Industrial 
Building  to  be  acquired  as  described  in  Exhibit  A  attached 
to  and  made  a  part  of  the  Loan  Agreement  or  in  the  Plans 
and  Specifications  without  the  prior  written  approval  of 
the  Bank  as  agent  for  the  holder  of  the  Bond. 

7.4  The  Company  will  pay  the  fees  of  any  professional 
engineer  representing  the  Bank  as  agent  for  the  holder  of 
the  Bond. 

7.5  The  Company  is,  and  shall  remain,  a  corporation 
organized,  existing  and  in  good  standing  under  the  laws  of 
the  State  of  Maryland,  except  insofar  as  it  may  be  merged, 
consolidated,  or  reorganized  in  a  manner  permitted  by  Sec- 
tion 6.2  of  the  Loan  Agreement. 

8.  Default.  Upon  the  occurrence  of  an  event  of  default 
under  this  Agreement,  the  Trustees,  at  the  request  of  the 
Bank  as  agent  for  the  holder  of  the  Bond,  shall  apply  the 
balance  of  the  Deposit  then  in  their  hands  as  provided  in 
the  last  literary  paragraph  of  Section  4.3  of  the  Loan 
Agreement.  It  shall  be  an  event  of  default  under  this  Agree- 
ment: 

(a)  if  any  representation  or  warranty  made  by  the 
Company  in  this  Agreement  is  incorrect  in  any  material 
respect;  or 

(b)  if  the  Company  shall  default  in  the  performance 
of  any  covenant  or  agreement  contained  in  this  Agreement 
and  such  default  shall  continue  for  30  days  after  written 
notice  to  the  Company  of  the  existence  of  such  default; 
provided,  however,  if  such  default  be  such  that  it  cannot  be 
corrected  within  30  days,  it  shall  not  be  a  default  if  the 
Company  is  taking  appropriate  corrective  action  to  cure 
such  default  and  if  in  the  reasonable  determination  of  the 
Bank  as  agent  for  the  holder  of  the  Bond,  such  default  does 
not  impair  the  security  for  the  Bond. 

(c)  if  the  City  or  the  Bank  as  agent  for  the  holder  of 
the  Bond,  shall  advise  the  Trustees  that  an  event  of  default 
has  occurred  and  is  continuing  under  the  Loan  Agreement 
or  any  other  instrument  evidencing  or  securing  the  Loan ;  or 


486  ORDINANCES  Ord.  No.  726 

(d)  if  the  Company  fails  to  complete  the  acquisition  of 
the  Industrial  Building  within  the  period  specified  in  Sec- 
tion 1  hereof,  time  being  of  the  essence ;  or 

(e)  if  work  on  the  Industrial  Building  stops  for  a 
period  of  15  days  (except  for  stoppages  caused  by  strikes, 
lockouts,  labor  disputes,  fire,  unusual  delay  in  transporta- 
tion or  in  delivery  of  materials,  unavoidable  casualty, 
weather  or  Acts  of  God)  or  is  not  proceeding  in  a  manner 
reasonably  satisfactory  to  the  Bank  as  agent  for  the  holder 
of  the  Bond,  time  being  of  the  essence ;  or 

(f )  if  the  Company  makes  any  assignment  for  the  bene- 
fit of  creditors,  is  adjudicated  a  bankrupt,  or  a  receiver  is 
appointed  for  its  assets ;  or 

(g)  if  the  Company  shall  assign  or  in  any  other  manner 
transfer  the  Industrial  Building  without  the  prior  written 
consent  of  the  Bank  and  the  Trustees ;  or 

(h)  if  any  mechanics'  liens  are  established  against  the 
Industrial  Building  and  are  not  caused  to  be  discharged  or 
bonded  against  by  the  Company  within  30  days  after  it 
receives  notice  of  the  establishment  thereof. 

9.     Miscellaneous. 

9.1  Notices.  All  notices,  requests  and  demands  upon 
the  respective  parties  hereto  shall  be  deemed  to  have  been 
given  or  made  when  deposited  in  the  United  States  mail, 
postage  prepaid,  and  addressed  as  follows: 

to  the  Bank:  Mercantile-Safe  Deposit  and 

Trust  Company 
2  Hopkins  Plaza 
Baltimore,  Maryland  21201 
Attn: 


to  the  Company:  The  Mudge  Paper  Company 

1400  Russell  Street 
Baltimore,  Maryland  21230 
Attn:    


to  the  Trustees:  c/o  Mercantile-Safe  Deposit 

and  Trust  Company 
2  Hopkins  Plaza 
Baltimore,  Maryland  21201 


ORDINANCES  487 

9.2  No  Waiver;  Cumulative  Remedies.  No  failure  by 
the  Bank  as  agent  for  the  holder  of  the  Bond,  or  the 
Trustees  to  exercise,  and  no  delay  in  exercising",  any  right, 
power  or  privilege  under  this  Agreement  shall  operate  as  a 
waiver  thereof;  nor  shall  any  agreement  operate  as  a 
waiver  thereof;  nor  shall  any  partial  exercise  of  any  right, 
power  or  privilege  hereunder  preclude  any  other  or  further 
exercise  thereof  or  the  exercise  of  any  other  right,  power  or 
privilege. 

9.3  Regarding  the  Trustees.  The  Trustees,  by  the  ac- 
ceptance and  performance  of  this  trust  do  not  assume  any 
personal  liability,  and  the  Company  hereby  releases  them 
and  each  of  them  from  any  such  liability,  and  no  claim  shall 
be  made  by  the  Company  upon  the  Trustees  for  or  on  ac- 
count of  any  matter  or  thing  in  excess  of  the  balance  of  the 
Deposit  remaining  in  their  hands  and  undisposed  of  in 
accordance  with  the  terms  of  this  Agreement.  Any  one  or 
more  of  the  Trustees  may  act  on  behalf  of  all.  The  Trustees 
are  hereby  empowered  by  the  Company  and  the  Bank  as 
agent  for  the  holder  of  the  Bond,  to  deposit  the  Deposit 
with  the  Bank  to  be  invested  according  to  the  provisions 
of  Section  4.6  of  the  Loan  Agreement  and  to  be  disbursed 
on  direction  of  the  Trustees  as  more  fully  provided  in  this 
Trust  Agreement  and  the  Loan  Agreement.  The  reasonable 
investment  fees  of  the  Bank  shall  be  paid  by  the  Company. 

9.4  Survival  of  Agreements.  All  agreements,  covenants, 
representations  and  warranties  of  the  Company  made  in  this 
Agreement  shall  survive  the  making  of  the  disbursements 
hereunder. 

9.5  Successors.  This  Agreement  shall  be  binding  upon 
and  inure  to  the  benefit  of  the  Company,  the  City  and  the 
Bank  as  agent  for  the  holder  of  the  Bond  and  the  Trustees, 
and  the  Company's  successors  and  assigns,  the  Bank's  suc- 
cessors and  assigns  and  the  City's  successors  and  assigns, 
and  to  the  surviving  Trustees  or  Trustee  and  their  or  his 
successors  in  the  trust.  In  the  event  of  the  death,  resigna- 
tion or  incapacity  of  any  Trustee,  the  remaining  Trustee  or 
Trustees  shall  designate  a  successor  Trustee  to  such 
Trustee. 


488  ORDINANCES  Ord.  No.  726 

9.6  Counterparts.  This  Agreement  may  be  executed 
in  any  number  of  counterparts  and  each  such  counterpart 
shall  be  deemed  to  be  an  original,  and  all  of  which  shall  con- 
stitute but  one  and  the  same  instrument. 

9.7  Applicable  Law.  This  Agreement  is  made,  exe- 
cuted and  delivered  in  the  State  of  Maryland  and  Maryland 
law  shall  govern  its  interpretation,  performance  and  en- 
forcement. 

9.8  No  Representations  and  Warranties  by  Bank  and 
Bank  as  Agent  for  the  Holder  of  the  Bond.  Neither  the  ap- 
proval by  the  Bank  or  the  Bank  as  agent  for  the  holder  of 
the  Bond  of  the  Plans  and  Specifications,  nor  any  subse- 
quent inspections  or  approvals  of  the  Industrial  Building 
during  construction  shall  constitute  a  warranty  or  repre- 
sentation by  the  Bank  or  the  Bank  as  agent  for  the  holder 
of  the  Bond,  or  any  of  its  agents,  representatives  or  desig- 
nees, as  to  the  technical  sufficiency,  or  adequacy  or  safety 
of  the  structure  or  any  of  its  component  parts,  including 
without  limitation,  its  fixtures,  equipment  or  furnishings, 
nor  shall  such  approvals  or  inspections  constitute  such  a 
warranty  or  representation  as  to  the  subsoil  conditions 
involved  in  the  project  or  any  other  physical  condition  or 
feature  pertaining  to  the  Industrial  Building.  All  acts, 
including  any  failure  to  act,  relating  to  the  Industrial  Build- 
ing by  any  agent,  representative  or  designee  of  the  Bank  or 
the  Bank  as  agent  for  the  holder  of  the  Bond  are  performed 
solely  for  the  benefit  of  the  Bank  and  the  Bank  as  agent  for 
the  holder  of  the  Bond  to  assure  repayment  of  the  Loan  and 
are  not  for  the  benefit  of  the  Company  or  the  benefit  of  any 
other  person.  The  Company  agrees  to  indemnify  the  Bank 
and  the  Bank  as  agent  for  the  holder  of  the  Bond  and  to 
hold  it  harmless  against  any  loss  or  expense  (including 
reasonable  attorneys'  fees)  resulting  from  any  and  all 
claims,  actions,  settlements,  or  liability  for  acts  or  failure  to 
act  in  connection  with  the  Industrial  Building  and  set  forth 
in  this  Section  9.8. 

9.9  Definitions.  The  terms  "Acquisition",  "acquisi- 
tion", "Act",  "Authorized  Company  Representative", 
"Bank",  "Bank  as  agent  for  the  holder  of  the  Bond",  "Bank- 
ing Day",  "Bond",  "City",  "Company",  "Deed  of  Trust", 


ORDINANCES  489 

"Industrial  Building",  "Loan",  "Loan  Agreement",  "Ordi- 
nance", and  "Trustees",  as  used  herein,  shall  have  the  mean- 
ings ascribed  thereto  in  Article  I  of  the  Loan  Agreement 
unless  the  context  clearly  indicates  a  contrary  meaning. 

IN  WITNESS  WHEREOF,  the  parties  hereto  have 
caused  this  Agreement  to  be  executed,  sealed  and  delivered 
as  of  the  day  and  year  first  above-written. 

THE  MUDGE  PAPER  COMPANY 

By   

ATTEST: 


[CORPORATE  SEAL] 

TRUSTEES 

By  (SEAL) 

as  Trustee 

By (SEAL) 

as  Trustee 
WITNESS: 


Sec.  14.  Be  it  further  ordained,  That  the  Deed  of  Trust 
shall  be  in  such  form  and  contain  such  provisions  as  the 
Commissioners  of  Finance  of  the  City  shall  approve  on 
behalf  of  the  City. 

Sec.  15.  Be  it  further  ordained,  That  the  Guaranty  Agree- 
ment to  be  executed  and  delivered  by  the  Company  shall 
be  in  such  form  and  contain  such  provisions  as  the  Com- 
missioners of  Finance  of  the  City  shall  approve  on  behalf 
of  the  City. 

Sec.  16.  Be  it  further  ordained,  That  the  execution  and 
delivery  of  the  Bond,  the  Loan  Agreement,  and  the  As- 
signment, and  all  other  documents  necessary  to  evidence 
and  secure  the  Bond  and  the  Loan  are  hereby  authorized. 
The  Bond,  the  Loan  Agreement,  the  Assignment,  and  the 


490  ORDINANCES  Ord.  No.  726 

Trust  Agreement,  shall  be  in  substantially  the  form  set 
forth  in  this  Ordinance  with  such  appropriate  variations, 
omissions  and  insertions  as  are  approved  by  a  resolution 
of  the  Commissioners  of  Finance  adopted  prior  to  the  sale 
of  the  Bond.  The  Bond,  the  Loan  Agreement  and  the  As- 
signment shall  be  executed  on  behalf  of  the  City  by  the 
Mayor  of  the  City  by  his  manual  signature,  and  the  cor- 
porate seal  of  the  City  shall  be  impressed  or  otherwise 
reproduced  thereon  and  attested  by  the  Deputy  Treasurer 
of  the  City  by  his  manual  signature.  In  case  any  officer 
whose  signature  shall  appear  on  the  Bond  or  any  of  the 
aforesaid  documents  shall  cease  to  be  such  officer  before 
the  delivery  of  the  Bond  or  any  of  the  other  documents 
aforesaid,  such  signature  shall  nevertheless  be  valid  and 
sufficient  for  all  purposes,  the  same  as  if  such  officer  had 
remained  in  office  until  delivery.  The  Mayor,  the  Deputy 
Treasurer  and  other  officials  of  the  City  shall  do  all  such 
acts  and  things  and  execute  such  supporting  documents 
and  certificates  as  may  be  necessary  to  carry  out  and 
comply  with  the  provisions  hereof.  Before  the  execution 
and  delivery  of  the  Bond  by  the  Mayor  to  the  Bank,  the 
City  shall  have  received  a  certificate  signed  by  an  officer 
of  the  Bank  and  satisfactory  to  counsel  for  the  City  stating 
that  (a)  the  Bank  has  purchased  the  Bond  as  a  commer- 
cial investment  and  not  with  a  view  to  redistribute  the 
same  to  the  general  public,  and  (b)  the  Bank  has  not  relied 
upon  the  City  for  or  received  from  the  City  any  informa- 
tion concerning  the  financial  condition  of  The  Mudge  Paper 
Company. 

Sec.  17.  Be  it  farther  ordained,  That  the  Commissioners 
of  Finance  of  the  City  are  hereby  authorized,  by  resolution 
adopted  prior  to  the  sale  of  the  Bond,  to  approve  the  final 
form  and  provisions  of  the  Bond,  the  Loan  Agreement,  the 
Assignment,  and  the  Trust  Agreement,  with  such  varia- 
tions and  omissions  from  the  forms  and  provisions  of  such 
instruments  and  documents  included  in  this  Ordinance  and 
with  such  insertions  therein  as  the  Commissioners  of  Fi- 
nance of  the  City  by  such  resolution  shall  approve.  Such 
resolution  of  the  Commissioners  of  Finance  of  the  City  shall 
also  approve  the  final  form  and  provisions  of  the  Deed  of 
Trust  and  the  Guaranty  Agreement. 


ORDINANCES  491 

Sec.  18.  Be  it  further  ordained,  That  the  provisions  of 
this  Ordinance  are  severable,  and  if  any  provision,  sentence, 
clause,  section  or  part  thereof  is  held  illegal,  invalid  or 
unconstitutional  or  inapplicable  to  any  person  or  circum- 
stances, such  illegality,  invalidity  or  unconstitutionality,  or 
inapplicability  shall  not  affect  or  impair  any  of  the  remain- 
ing provisions,  sentences,  clauses,  sections,  or  parts  of  this 
Ordinance  or  their  application  to  other  persons  or  circum- 
stances. It  is  hereby  declared  to  be  the  legislative  intent 
that  this  Ordinance  would  have  been  passed  if  such  illegal, 
invalid  or  unconstitutional  provision,  sentence,  clause,  sec- 
tion or  part  had  not  been  included  herein,  and  if  the  person 
or  circumstances  to  which  this  Ordinance  or  any  part  hereof 
are  inapplicable  had  been  specifically  exempted  herefrom. 

SEC.  19.  Be  it  further  ordained,  That  this  Ordinance  shall 
take  effect  from  the  date  of  its  passage. 

Approved  June  7,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  727 
(Council  No.  1057) 

An  Ordinance  to  authorize  the  use  of  the  property  PROP- 
ERTIES known  as  2202  Garrison  Boulevard,  2204  GAR- 
RISON BOULEVARD  AND  2201  ROSLYN  AVENUE 
as  outlined  in  red  on  the  AMENDED  plats  accompanying 
this  ordinance,  for  an  open  air  off-street  parking  facility 
in  the  R-?  R-5  District,  pursuant  to  Section  4-?  4.5-ld 
of  Article  30  of  the  Baltimore  City  Code  (4£66  1976  Edi- 
tion), title  "The  Zoning  Ordinance  of  Baltimore  City". 
(Ordinance  Not  1051)  approved  April  20y  1971, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  property  PROPERTIES  known  as 
2202  Garrison  Boulevard,  2204  GARRISON  BOULEVARD 
AND  2201  ROSLYN  AVENUE,  as  outlined  in  red  on  the 
AMENDED  plats  accompanying  this  ordinance,  be  and  it  is 


492  ORDINANCES  Ord.  No.  728 

hereby  authorized  for  use  as  an  open  air  off-street  parking 
facility  in  the  &-Z  R-5  District,  pursuant  to  Section  4»3 
4.5-ld  of  Article  30  of  the  Baltimore  City  Code  (4366  1976 
Edition),  title  'The  Zoning  Ordinance  of  Baltimore  City". 
(Ordinance  Nor  1051)  approvod  A^r41  20,  4££k 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasuruer  shall 
then  transmit  a  copy  of  the  ordinance  and  one  of  the 
plats  to  the  following:  the  Board  of  Municipal  and  Zoning 
Appeals,  the  Planning  Commission,  the  Commissioner  of 
the  Department  of  Housing  and  Community  Development, 
the  Commissioner  of  Transit  and  Traffic,  and  the  Zoning 
Administrator. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  728 
(Council  No.  1207) 

An  Ordinance  authorizing  the  City  Comptroller  to  sell  at 
either  public  or  private  sale  in  accordance  with  Article 
V,  Section  5(b)  of  the  City  Charter,  1964  Revision  and 
any  and  all  amendments  thereto  all  of  the  interest  of  the 
Mayor  and  City  Council  of  Baltimore,  State  of  Maryland, 
in  and  to  all  that  property  situate  in  Baltimore  City, 
Maryland,  containing  7.705  acres,  more  or  less  being  Lot 
1  of  the  final  subdivision  of  Carroll  Industrial  Park,  said 
property  being  no  longer  needed  for  public  use  by  city. 


ORDINANCES  493 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  private 
sale,  in  accordance  with  Article  V  Section  5(b)  of  the  City 
Charter,  1964  Revision,  all  of  the  interest  of  the  Mayor  and 
City  Council  of  Baltimore  in  and  to  the  parcel  of  land 
situate  in  Baltimore  City,  and  described  as  follows  : 

Being  the  parcel  of  land  containing  7.705  acres,  more  or 
less,  being  Lot  1  as  shown  on  the  final  subdivision  of  said 
parcel  of  land,  lying  within  the  Carroll  Industrial  Park. 

Subject  to  the  easements  for  the  construction  and  main- 
tenance of  sewers,  drains,  water  pipes  and  other  municipal 
utilities  and  services  as  shown  on  the  aforesaid  final  sub- 
division plan. 

Said  property  being  no  longer  needed  for  public  use  by 
the  City. 

SEC.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  729 
(Council  No.  1218) 

An  Ordinance  to  amend  Sheet  No.  46  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning,"  (Ordinance  No.  1051,  approved 
April  20,  1971)  by  changing  from  the  M-l-3  Zoning  Dis- 
trict to  the  R-9  Zoning  District  the  property  generally 
known  as  501  East  Preston  Street,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance. 


494  ORDINANCES  Ord.  No.  730 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  46  of  the  Zoning  District  Maps 
of  Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Zoning,"  (Ordinance  No.  1051,  approved  April  20, 
1971)  be  and  it  is  hereby  amended  by  changing  from  the 
M-l-3  Zoning  District  to  the  R-9  Zoning  District  the 
property  generally  known  as  501  East  Preston  Street,  as 
outlined  in  red  on  the  plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order  to 
give  notice  to  the  departments  which  are  administering  the 
Zoning  Ordinance,  the  President  of  the  City  Council  shall 
sign  the  plat  and,  when  the  Mayor  approves  the  ordinance, 
he  shall  sign  the  plat.  The  City  Treasurer  shall  then  trans- 
mit a  copy  of  the  ordinance  and  one  of  the  plats  to  the  fol- 
lowing: the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  730 

(Council  No.  1442) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Charter, 
all  of  the  interests  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  those  parcels  of  land  and  improve- 
ments known  as  a  parcel  of  land  comprising  a  portion 
of  the  former  bed  of  Cold  Spring  Lane,  varying  in 
width  from  Evans  Chapel  Road  to  Lawrence  Avenue; 


ORDINANCES  495 

a  parcel  of  land  comprising  a  portion  of  the  former  bed 
of  Springlake  Way,  varying  in  width,  contiguous  to  the 
southwest  side  of  Bellona  Avenue;  a  parcel  of  land 
comprising  a  portion  of  the  former  bed  of  Bay  View 
Avenue  in  the  vicinity  of  Kane  Street;  a  parcel  of  land 
comprising  a  portion  of  the  former  bed  of  Bay  View 
Avenue  in  the  vicinity  of  Kane  Street;  a  parcel  of  land 
comprising  a  portion  of  the  former  bed  of  Maude  Ave- 
nue extending  from  3rd  Street  southeasterly  to  a  15 
foot  alley;  a  parcel  of  land  comprising  a  portion  of  the 
former  bed  of  Maude  Avenue  extending  from  Horton 
Avenue  northwesterly  to  a  15  foot  alley ;  a  parcel  of  land 
comprising  a  portion  of  the  former  bed  of  Maude  Ave- 
nue extending  from  Horton  Avenue  southeasterly  to  a 
15  foot  alley;  a  parcel  of  land  comprising  a  portion  of 
the  former  bed  of  Maude  Avenue  extending  from  4th 
Street  northwesterly  to  a  15  foot  alley,  Baltimore, 
Maryland,  said  properties  being  no  longer  needed  for 
public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or 
private  sale  in  accordance  with  Article  V,  Section  5(b)  of 
the  City  Charter  all  of  the  interests  of  the  Mayor  and 
City  Council  of  Baltimore  in  and  to  those  parcels  of  land 
situate  in  Baltimore,  Maryland,  and  described  as  follows: 

PARCEL  NO.  1 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  Cold  Spring  Lane, 
100  feet  wide,  and  the  southwest  side  of  Evans  Chapel 
Road,  40  feet  wide,  and  running  thence  binding  on  the 
southwest  side  of  said  Evans  Chapel  Road,  Southeasterly 
88  feet,  more  or  less,  to  intersect  the  southeast  side  of  the 
former  bed  of  Cold  Spring  Lane,  varying  in  width,  as 
condemned  and  closed  under  Ordinance  No.  952,  approved 
July  9,  1975  by  the  Mayor  and  City  Council  of  Baltimore ; 
thence  binding  on  the  southeast  side  of  the  former  bed  of 
last  said  Cold  Spring  Lane,  Southwesterly  109  feet,  more 
or  less,  to  intersect  the  northeast  extremity  of  a  10  foot 
alley  contiguous  to  and  northwest  of  the  northwest  outline 


496  ORDINANCES  Ord.  No.  730 

of  the  property  known  as  No.  4406-4410  Evans  Chapel 
Road; 

thence  binding  on  the  northeast  extremity  of  said  10  foot 
alley,  Northwesterly  10  feet,  more  or  less,  to  the  northwest 
side  of  said  10  foot  alley;  thence  binding  on  the  northwest 
side  of  said  10  foot  alley,  Southwesterly  55  feet,  more  or 
less,  to  intersect  the  northeast  side  of  Lawrence  Avenue, 
50  feet  wide;  thence  binding  on  the  northeast  side  of  said 
Lawrence  Avenue,  Northwesterly  80  feet,  more  or  less, 
to  intersect  the  southeast  side  of  Cold  Spring  Lane,  100 
feet  wide,  and  thence  binding  on  the  southeast  side  of  Cold 
Spring  Lane,  100  feet  wide,  Northeasterly  192  feet,  more 
or  less,  to  the  place  of  beginning. 

PARCEL  NO.  2 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  Springlake  Way,  80 
feet  wide,  and  the  southwest  side  of  Bellona  Avenue,  vary- 
ing in  width,  and  running  thence  binding  on  the  south- 
west side  of  said  Bellona  Avenue,  Southeasterly  59  feet, 
more  or  less,  to  intersect  the  south  side  of  the  former  bed 
of  Springlake  Way,  varying  in  width,  as  condemned  and 
closed  under  Ordinance  No.  952,  approved  July  9,  1975 
by  the  Mayor  and  City  Council  of  Baltimore; 
thence  binding  on  the  south  side  of  the  former  bed  of  last 
said  Springlake  Way,  Westerly  74  feet,  more  or  less,  to 
the  southeast  side  of  Springlake  Way,  80  feet  wide,  and 
thence  binding  on  the  southeast  side  of  last  said  Spring- 
lake  Way,  Northeasterly  by  a  line  curving  to  the  right  with 
a  radius  of  1269.60  feet  the  distance  of  79  feet,  more  or 
less,  to  the  place  of  beginning. 

PARCEL  NO.  3 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  northeast  side  of  the  former  bed  of  Bay 
View  Avenue,  80  feet  wide,  as  condemned  and  closed  under 
Ordinance  No.  952,  approved  July  9,  1975  by  the  Mayor 
and  City  Council  of  Baltimore  and  the  north  side  of  Lom- 
bard Street,  formerly  known  as  Bay  View  Avenue,  80  feet 
wide,  said  point  of  beginning  being  distant  1140.61  feet 
southwesterly  and  westerly  measured  along  the  northwest 
and  north  sides  of  said  Lombard  Street  from  the  northwest 


ORDINANCES  497 

side  of  Kane  Street,  80  feet  wide,  and  running  thence 
binding  on  the  north  side  of  said  Lombard  Street,  West- 
erly by  a  line  curving  to  the  left  with  a  radius  of  1677.02 
feet  the  distance  of  289  feet,  more  or  less,  to  intersect  the 
north  side  of  the  former  bed  of  said  Bay  View  Avenue, 
as  condemned  and  closed,  and  thence  binding  on  the  north 
and  northeast  sides  of  the  former  bed  of  said  Bay  View 
Avenue,  as  condemned  and  closed,  the  two  following  courses 
and  distances;  namely,  Easterly  by  a  line  curving  to  the 
right  with  a  radius  of  995.37  feet  the  distance  of  222.78 
feet  and  Southeasterly  66.72  feet  to  the  place  of  beginning. 

PARCEL  NO.  4 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  south  side  of  Lombard  Street,  formerly 
known  as  Bay  View  Avenue,  80  feet  wide,  and  the  south 
side  of  the  former  bed  of  Bay  View  Avenue,  80  feet  wide, 
as  condemned  and  closed  under  Ordinance  No.  952,  ap- 
proved July  9,  1975  by  the  Mayor  and  City  Council  of 
Baltimore,  said  point  of  beginning  being  distant  1074.73 
feet  northwesterly  and  westerly,  measured  along  the  south- 
west and  south  sides  of  said  Lombard  Street  from  the 
northwest  side  of  Kane  Street,  80  feet  wide,  and  running 
thence  binding  on  the  south  side  of  the  former  bed  of  said 
Bay  View  Avenue,  as  condemned  and  closed,  the  two  fol- 
lowing courses  and  distances; 

namely,  Westerly  by  a  line  curving  to  the  left  with  a  radius 
of  915.37  feet  the  distance  of  92  feet,  more  or  less,  and 
Westerly  36  feet,  more  or  less,  to  intersect  the  west  outline 
of  the  property  now  or  formerly  owned  by  Edward  Azrael 
and  Wife  "Etal"  and  known  as  Lot  21/25  of  Block  6333 ; 
thence  binding  on  the  west  outline  of  said  property,  North- 
erly 10  feet,  more  or  less,  to  the  south  side  of  said 
Lombard  Street  and  thence  binding  on  the  south  side  of 
said  Lombard  Street,  Easterly  by  a  line  curving  to  the 
right  with  a  radius  of  1597.02  feet  the  distance  of  128 
feet,  more  or  less,  to  the  place  of  beginning. 

PARCEL  NO.  5 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southwest  side  of  the  former  bed  of 
Maude  Avenue,  as  condemned  and  closed  under  Ordinance 


498  ORDINANCES  Ord.  No.  730 

No.  952,  approved  July  9,  1975  by  the  Mayor  and  City 
Council  of  Baltimore  and  the  southeast  side  of  3rd  Street, 
70  feet  wide,  and  running  thence  binding  on  the  southeast 
side  of  said  3rd  Street,  Northeasterly  20  feet  to  intersect 
the  southwest  side  of  Maude  Avenue,  100  feet  wide; 
thence  binding  on  the  southwest  side  of  last  said  Maude 
Avenue,  Southeasterly  86.25  feet  to  intersect  the  north- 
west side  of  a  15  foot  alley  laid  out  86.25  feet  southeast 
of  said  3rd  Street;  thence  binding  on  the  northwest  side 
of  said  alley,  Southwesterly  20  feet  to  intersect  the  south- 
west side  of  the  former  bed  of  said  Maude  Avenue,  as 
condemned  and  closed,  and  thence  binding  on  the  southwest 
side  of  THE  FORMER  BED  OF  SAID  Maude  Avenue,  as 
condemned  and  closed.  Northwesterly  86.25  feet  to  the  place 
of  beginning. 

PARCEL  NO.  6 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  northwest  side  of  Horton  Avenue,  50 
feet  wide,  and  the  southwest  side  of  the  former  bed  of 
Maude  Avenue,  as  condemned  and  closed  under  Ordinance 
No.  952,  approved  July  9,  1975  by  the  Mayor  and  City 
Council  of  Baltimore  and  running  thence  binding  on  the 
southwest  side  of  the  former  bed  of  said  Maude  Avenue, 
as  condemned  and  closed,  Northwesterly  86.25  feet  to  in- 
tersect the  southeast  side  of  a  15  foot  alley  laid  out  86.25 
feet  southeast  of  3rd  Street,  70  feet  wide ; 
thence  binding  on  the  southeast  side  of  said  alley,  North- 
easterly 20  feet  to  intersect  the  southwest  side  of  Maude 
Avenue,  100  feet  wide;  thence  binding  on  the  southwest 
side  of  last  said  Maude  Avenue,  Southeasterly  86.25  feet 
to  intersect  the  northwest  side  of  said  Horton  Avenue  and 
thence  binding  on  the  northwest  side  of  said  Horton  Avenue, 
Southwesterly  20  feet  to  the  place  of  beginning. 

PARCEL  NO.  7 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southwest  side  of  the  former  bed  of 
Maude  Avenue,  as  condemned  and  closed  under  Ordinance 
No.  952,  approved  July  9,  1975  by  the  Mayor  and  City 
Council  of  Baltimore  and  the  southeast  side  of  Horton 
Avenue,  50  feet  wide,  and  running  thence  binding  on  the 


ORDINANCES  499 

southeast  side  of  said  Horton  Avenue,  Northeasterly  20 
feet  to  intersect  the  southwest  side  of  Maude  Avenue,  100 
feet  wide ; 

thence  binding  on  the  southwest  side  of  last  said  Maude 
Avenue,  Southeasterly  78  feet  to  intersect  the  northwest 
side  of  a  15  foot  alley  laid  out  94.50  feet  northwest  of  4th 
Street,  70  feet  wide ;  thence  binding  on  the  northwest  side 
of  said  alley,  Southwesterly  20  feet  to  intersect  the  south- 
west side  of  the  former  bed  of  said  Maude  Avenue,  as 
condemned  and  closed,  and  thence  binding  on  the  south- 
west side  of  the  former  bed  of  said  Maude  Avenue,  as 
condemned  and  closed,  Northwesterly  78  feet  to  the  place 
of  beginning. 

PARCEL  NO.  8 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  northwest  side  of  4th  Street,  70  feet 
wide,  and  the  southwest  side  of  the  former  bed  of  Maude 
Avenue,  as  condemned  and  closed  under  Ordinance  No. 
952,  approved  July  9,  1975  by  the  Mayor  and  City  Council 
of  Baltimore  and  running  thence  binding  on  the  southwest 
side  of  the  former  bed  of  said  Maude  Avenue,  as  con- 
demned and  closed,  Northwesterly  94.50  feet  to  intersect 
the  southeast  side  of  a  15  foot  alley  laid  out  94.50  feet 
northwest  of  said  4th  Street;  thence  binding  on  the  south- 
east side  of  said  alley,  Northeasterly  20  feet  to  intersect 
the  southwest  side  of  Maude  Avenue,  100  feet  wide; 

thence  binding  on  the  southwest  side  of  last  said  Maude 
Avenue,  Southeasterly  94.50  feet  to  intersect  the  northwest 
side  of  said  4th  Street  and  thence  binding  on  the  northwest 
side  of  said  4th  Street,  Southwesterly  20  feet  to  the  place 
of  beginning. 

PARCEL  NO.  9 

BEGINNING  FOR  THE  SAME  AT  THE  POINT 
FORMED  BY  THE  INTERSECTION  OF  THE  SOUTH- 
EAST SIDE  OF  WALTHER  AVENUE,  AS  NOW  LAID 
OUT,  AND  THE  NORTHWEST  SIDE  OF  OLD 
WALTHER  AVENUE,  AS  NOW  LAID  OUT,  AND  RUN- 
NING THENCE  BINDING  ON  THE  NORTHWEST  SIDE 
OF  SAID  OLD  WALTHER  AVENUE,  SOUTHWEST- 
ERLY 145  FEET,  MORE  OR  LESS,  TO  THE  NORTH- 


500  ORDINANCES  Ord.  No.  730 

EAST  OUTLINE  OF  THE  PROPERTY  NOW  OR  FOR- 
MERLY OWNED  BY  JOHN  L.  REED  AND  WIFE  AND 
KNOWN  AS  LOT  9  OF  BLOCK  5779 ;  THENCE  BINDING 
ON  THE  NORTHEAST  OUTLINE  OF  SAID  PROPERTY, 
AND  ON  THE  SOUTHWEST  SIDE  OF  THE  FORMER 
BED  OF  WALTHER  AVENUE,  VARYING  IN  WIDTH, 
AS  CONDEMNED  AND  CLOSED  UNDER  ORDINANCE 
NO.  952,  APPROVED  JULY  9,  1975  BY  THE  MAYOR 
AND  CITY  COUNCIL  OF  BALTIMORE,  NORTHWEST- 
ERLY 34  FEET,  MORE  OR  LESS,  TO  THE  SOUTH- 
EAST SIDE  OF  WALTHER  AVENUE,  AS  NOW  LAID 
OUT,  AND  THENCE  BINDING  ON  THE  SOUTHEAST 
SIDE  OF  WALTHER  AVENUE,  AS  NOW  LAID  OUT, 
NORTHEASTERLY  149  FEET,  MORE  OR  LESS,  TO 
THE  PLACE  OF  BEGINNING. 

PARCEL  NO.  10 

BEGINNING  FOR  THE  SAME  AT  THE  POINT 
FORMED  BY  THE  INTERSECTION  OF  THE  SOUTH- 
WEST SIDE  OF  HAMILTON  AVENUE,  AS  NOW  LAID 
OUT,  AND  THE  NORTHWEST  SIDE  OF  WALTHER 
AVENUE,  AS  NOW  LAID  OUT,  AND  RUNNING 
THENCE  BINDING  ON  THE  NORTHWEST  SIDE  OF 
SAID  WALTHER  AVENUE,  SOUTHWESTERLY  230 
FEET,  MORE  OR  LESS,  TO  INTERSECT  THE  NORTH- 
EAST SIDE  OF  A  10  FOOT  ALLEY;  THENCE  BINDING 
ON  THE  NORTHEAST  SIDE  OF  SAID  ALLEY,  NORTH- 
WESTERLY 17  FEET,  MORE  OR  LESS,  TO  INTER- 
SECT THE  NORTHWEST  SIDE  OF  THE  FORMER  BED 
OF  WALTHER  AVENUE,  VARYING  IN  WIDTH,  AS 
CONDEMNED  AND  CLOSED  UNDER  ORDINANCE 
NO.  952,  APPROVED  JULY  9.  1975  BY  THE  MAYOR 
AND  CITY  COUNCIL  OF  BALTIMORE;  THENCE 
BINDING  ON  THE  NORTHWEST  SIDE  OF  LAST  SAID 
WALTHER  AVENUE,  AS  CONDEMNED  AND  CLOSED, 
NORTHEASTERLY  197  FEET,  MORE  OR  LESS,  TO 
INTERSECT  THE  SOUTHWEST  SIDE  OF  SAID 
HAMILTON  AVENUE  AND  THENCE  BINDING  ON 
THE  SOUTHWEST  SIDE  OF  SAID  HAMILTON  AVE- 
NUE, SOUTHEASTERLY  65  FEET,  MORE  OR  LESS, 
TO  THE  PLACE  OF  BEGINNING. 


ORDINANCES  501 


PARCEL  NO.  11 


BEGINNING  FOR  THE  SAME  AT  THE  POINT 
FORMED  BY  THE  INTERSECTION  OF  THE  NORTH 
SIDE  OF  WALTHER  AVENUE,  AS  NOW  LAID  OUT, 
AND  THE  SOUTHEAST  SIDE  OF  WINTHROPE  AVE- 
NUE, VARYING  IN  WIDTH,  AND  RUNNING  THENCE 
BINDING  ON  THE  SOUTHEAST  SIDE  OF  SAID  WIN- 
THROPE AVENUE,  NORTHEASTERLY  84  FEET, 
MORE  OR  LESS,  TO  INTERSECT  THE  SOUTHWEST 
SIDE  OF  A  10  FOOT  ALLEY,  THERE  SITUATE; 
THENCE  BINDING  ON  THE  SOUTHWEST  SIDE  OF 
SAID  ALLEY,  SOUTHEASTERLY  74  FEET,  MORE  OR 
LESS,  TO  INTERSECT  THE  NORTH  SIDE  OF  SAID 
WALTHER  AVENUE  AND  THENCE  BINDING  ON 
THE  NORTH  SIDE  OF  SAID  WALTHER  AVENUE, 
WESTERLY  BY  A  LINE  CURVING  TO  THE  LEFT 
WITH  A  RADIUS  OF  960  FEET,  MORE  OR  LESS,  THE 
DISTANCE  OF  112  FEET,  MORE  OR  LESS,  TO  THE 
PLACE  OF  BEGINNING. 

THE  ABOVE  DESCRIBED  PARCEL  OF  LAND  COM- 
PRISING A  PORTION  OF  THE  FORMER  BED  OF 
WALTHER  AVENUE,  VARYING  IN  WIDTH,  AS  CON- 
DEMNED AND  CLOSED  UNDER  ORDINANCE  NO. 
952,  APPROVED  JULY  9,  1975  BY  THE  MAYOR  AND 
CITY  COUNCIL  OF  BALTIMORE. 

PARCEL  NO.  12 

BEGINNING  FOR  THE  SAME  AT  THE  POINT 
FORMED  BY  THE  INTERSECTION  OF  THE  SOUTH- 
WEST SIDE  OF  KEENE  AVENUE,  VARYING  IN 
WIDTH,  AND  THE  NORTH  SIDE  OF  WALTHER  AVE- 
NUE, AS  NOW  LAID  OUT,  AND  RUNNING  THENCE 
BINDING  ON  THE  NORTH  SIDE  OF  SAID  WALTHER 
AVENUE,  WESTERLY  60  FEET,  MORE  OR  LESS,  TO 
THE  SOUTHEAST  OUTLINE  OF  THE  PROPERTY 
NOW  OR  FORMERLY  OWNED  BY  WILLIAM  H. 
HUETTNER,  JR.  AND  WIFE  AND  KNOWN  AS  LOT  8 
OF  BLOCK  5761 ;  THENCE  BINDING  ON  THE  SOUTH- 
EAST OUTLINE  OF  SAID  PROPERTY,  AND  ON  THE 
NORTHWEST  SIDE  OF  THE  FORMER  BED  OF 
WALTHER  AVENUE,  VARYING  IN  WIDTH,  AS  CON- 


502  ORDINANCES  Ord.  No.  731 

DEMNED  AND  CLOSED  UNDER  ORDINANCE  NO. 
952,  APPROVED  JULY  9,  1975  BY  THE  MAYOR  AND 
CITY  COUNCIL  OF  BALTIMORE,  NORTHEASTERLY 
32  FEET,  MORE  OR  LESS,  TO  THE  SOUTHWEST  SIDE 
OF  SAID  KEENE  AVENUE  AND  THENCE  BINDING 
ON  THE  SOUTHWEST  SIDE  OF  SAID  KEENE  AVE- 
NUE, SOUTHEASTERLY  51  FEET,  MORE  OR  LESS,  TO 
THE  PLACE  OF  BEGINNING. 

Said  properties  being  no  longer  needed  for  public  use. 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  731 
(Council  No.  1453) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City 
Charter,  all  of  the  interest  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  in  and  to  that  parcel  of  land  and  im- 
provements known  as  No.  1431  N.  Carey  Street,  Balti- 
more, Maryland,  said  property  being  no  longer  needed 
for  public  use. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  pri- 
vate sale  in  accordance  with  Article  V,  Section  5(b)  of 
the  City  Charter,  all  of  the  interest  of  the  Mayor  and  City 


ORDINANCES  503 

Council  of  Baltimore  in  and  to  that  parcel  of  land  situate 
in  Baltimore,  Maryland,  and  described  as  follows : 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  southeast  side  of  School  Street,  as  now 
laid  out  30  feet  wide,  and  the  northeast  side  of  Carey 
Street,  as  now  laid  out  60  feet  wide,  said  point  of  beginning 
being  the  beginning  of  the  parcel  of  land  leased  from 
Henry  Otto  and  Wife  to  the  Mayor  and  City  Council  of 
Baltimore  by  lease  dated  September  24,  1895  and  recorded 
among  the  Land  Records  of  Baltimore  City  in  Liber  J.B. 
No.  1580  Folio  417  and  running  thence  binding  on  the 
southeast  side  of  said  School  Street,  North  53°-25'-00" 
East  137.78  feet  to  intersect  the  southwest  side  of  the 
former  bed  of  Stockton  Street,  20  feet  wide,  as  condemned 
and  closed  under  Ordinance  No.  9  approved  June  24,  1955 ; 
thence  binding  on  the  northwesternmost  extremity  of  the 
former  bed  of  said  Stockton  Street,  North  57°-44'-20" 
East  20.26  feet;  thence  binding  on  the  southeast  side  of 
School  Street,  as  now  laid  out,  North  47°-15'-00"  East 
49.81  feet  to  the  beginning  of  the  parcel  of  land  conveyed 
by  Morris  Lipsitz  and  Wife  to  the  Mayor  and  City  Council 
of  Baltimore  by  deed  dated  August  25,  1953  and  recorded 
among  said  Land  Records  in  Liber  M.L.P.  No.  9262,  Folio 
558; 

thence  binding  reversely  on  the  last  line  of  last  said  deed, 
and  now  surveyed,  South  23°-05'-30"  East  21.29  feet;  thence 
binding  reversely  on  part  of  the  third  line  of  last  said  deed, 
as  now  surveyed,  South  63°-29'-30"  West  3.00  feet  to  the 
beginning  of  the  third  line  of  the  parcel  of  land  conveyed 
by  Nathan  Castleman  and  Eli  Castleman  to  the  Mayor  and 
City  Council  of  Baltimore  by  deed  dated  November  26, 
1952  and  recorded  among  said  Land  Records  in  Liber 
M.L.P.  No.  9005,  Folio  157 ;  thence  binding  in  part  on  the 
third  line  of  the  six  parcels  of  land  conveyed  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  six  deeds  recorded 
among  said  Land  Records  and  referred  to  as  follows,  said 
deed  from  Nathan  Castleman  and  Eli  Castleman  dated  No- 
vember 26,  1952  and  recorded  in  Liber  M.L.P.  No.  9005 
Folio  157,  a  deed  from  Morton  Silberman,  et  al,  dated 
January  14,  1953  and  recorded  in  Liber  M.L.P.  No.  9048 
Folio  481,  a  deed  from  Sarah  Thomas  dated  December  22, 
1952  and  recorded  in  Liber  M.L.P.  No.  9031  Folio  409,  a 


504  ORDINANCES  Ord.  No.  731 

deed  from  Cora  B.  Engler,  et  al,  dated  December  11,  1952 
and  recorded  in  Liber  M.L.P.  No.  9019  Folio  491,  a  deed 
from  Leanna  Thompson,  et  al,  dated  November  29,  1952 
and  recorded  in  Liber  M.L.P.  No.  9007  Folio  10,  and  a  deed 
from  Minnie  S.  Kalis,  et  al,  dated  July  6,  1953  and  re- 
corded in  Liber  M.L.P.  No.  9223  Folio  78,  in  part  on  the 
northeasternmost  extremity  of  the  former  bed  of  a  10  foot 
alley,  as  condemned  and  closed  under  said  ordinance  and 
in  all,  as  now  surveyed,  South  23°-05'-30"  East  113.02  feet; 
Thence  binding  on  the  southeast  side  of  the  former  bed  of 
said  10  foot  alley,  South  63°-29'-30"  West  44.00  feet  to 
the  beginning  of  the  third  line  of  the  parcel  of  land  con- 
veyed by  James  Sewell  McCoy  and  Wife  to  the  Mayor  and 
City  Council  of  Baltimore  by  deed  dated  October  10,  1895 
and  recorded  among  said  Land  Records  in  Liber  J.B.  No. 
1583  Folio  201 ;  thence  binding  on  the  third  line  of  last 
said  deed,  as  now  surveyed,  South  23°-05'-30"  East  32.00 
feet;  thence  binding  in  part  on  the  last  line  of  last  said 
deed,  in  part  on  the  second  line  of  the  parcel  of  land  con- 
veyed by  Cornelia  S.  McCoy  to  the  Mayor  and  City  Council 
of  Baltimore  by  deed  dated  October  10,  1895  and  recorded 
among  said  Land  Records  in  Liber  J.B.  No.  1583  Folio  203, 
in  part  on  the  third  line  of  the  parcel  of  land  leased  from 
Margaret  C.  Carmichael  and  Husband,  et  al,  to  the  Mayor 
and  City  Council  of  Baltimore  by  lease  dated  September 
25,  1895  and  recorded  among  said  Land  Records  in  Liber 
J.B.  No.  1580  Folio  412,  in  part  on  the  third  line  of  the 
lease  mentioned  firstly  herein  and  in  all,  as  now  surveyed, 
South  64°-25'-00"  West  109.17  feet  to  the  aforesaid  north- 
east side  of  Carey  Street  and  thence  binding  on  the  northeast 
side  of  said  Carey  Street  and  on  the  last  line  of  the  lease 
mentioned  firstly  herein,  there  situate,  as  now  surveyed, 
North  43°-20'-40"  West  129.75  feet  to  the  place  of  begin- 
ning. Containing  24,215.41  square  feet  or  0.5559  acre  of 
land,  more  or  less.  Subject  to  a  utility  easement  in  the 
former  bed  of  Stockton  Street,  as  condemned  and  closed 
under  Ordinance  No.  9  approved  June  24,  1955.  All  courses 
and  distances  in  the  above  description  are  referred  to  the 
true  meridian  as  adopted  by  the  Baltimore  Survey  Con- 
trol  System.  The  improvements  thereon  being  known  as 
No.  1431  N.  Carey  Street. 

Said  property  being  no  longer  needed  for  public  use. 


ORDINANCES  505 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained.  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  732 
(Council  No.  1514) 

An  Ordinance  to  repeal  and  reordain,  with  amendments, 
Section  6  of  Ordinance  675,  approved  March  3,  1978, 
entitled  "An  Ordinance  Granting  Permission  and  Au- 
thority to  Exxon  Corporation,  a  body  corporate,  to  con- 
struct, maintain,  and  use  a  pipe  trestle  above  and  across 
Cardiff  Avenue  between  South  Clinton  Street  and  High- 
land Avenue",  to  correct  an  omission  in  the  language. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Section  6  of  Ordinance  675,  approved 
March  3, 1978,  entitled  "An  Ordinance  Granting  Permission 
and  Authority  to  Exxon  Corporation,  a  Body  Corporate, 
to  Construct,  Maintain  and  Use  a  Pipe  Trestle  Above  and 
Across  Cardiff  Avenue  Between  South  Clinton  Street  and 
Highland  Avenue",  be  repealed  and  reordained  with  amend- 
ments to  read  as  follows: 

"Sec.  6.  And  be  it  further  ordained,  That  the  said  grantee, 
its  successors  and  assigns,  shall  pay  to  the  said  Mayor  and 
City  Council  of  Baltimore,  as  compensation  for  the  franchise 
or  privilege  hereby  granted,  the  sum  of  One  Hundred  Sev- 
enteen Dollars  ($117.00)  per  year,  payable  in  advance  dur- 
ing the  continuance  of  this  franchise  or  privilege,  provided, 
however,  that  the  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  Board  of  Estimates,  may  in- 
crease or  decrease  the  franchise  charge  payable  by  the 


506  ORDINANCES  Ord.  No.  733 

grantee  under  the  provisions  hereof  by  giving  written 
notice  to  that  effect  to  the  grantee  at  least  one  hundred 
and  fifty  (150)  days  prior  to  the  expiration  of  the  first 
five  years  of  the  term  granted  herein,  or  at  the  expiration 
of  any  subsequent  five- (5-)  year  period  of  said  term  granted 
herein,  any  such  increase  or  decrease  of  said  franchise 
charge  to  be  effective  as  of  the  beginning  of  the  next  suc- 
ceeding five- (5-)  year  period  of  the  term  granted  herein." 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  733 
(Council  No.  1554) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Charter, 
all  of  the  interest  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  that  parcel  of  land  and  improvements 
known  as  No.  2229  Walbrook  Avenue,  Baltimore,  Mary- 
land, said  property  being  no  longer  needed  for  public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or 
private  sale  in  accordance  with  Article  V,  Section  5(b) 
of  the  City  Charter,  all  of  the  interest  of  the  Mayor  and 
City  Council  of  Baltimore  in  and  to  that  parcel  of  land 
situate  in  Baltimore,  Maryland,  and  described  as  follows: 

Beginning  for  the  same  on  the  south  side  of  Walbrook 
Avenue  at  a  point  distant  105  feet  easterly  from  the  east 
side  of  Bentalou  Street  which  place  of  beginning  is  intended 
to  be  at  the  center  of  a  partition  wall  there  situate  and 
running  thence  easterly  binding  on  the  south  side  of  Wal- 


ORDINANCES  507 

brook  Avenue  14  feet  6  inches  to  the  land  belonging  to 
the  Mayor  and  City  Council  of  Baltimore  City  thence 
southerly  binding  on  said  land  80  feet  thence  westerly  by 
a  straight  line  parallel  with  Walbrook  Avenue  14  feet  6 
inches  to  a  point  at  the  intersection  of  the  south  side  of  a 
10  foot  alley  and  the  east  end  of  said  alley  the  said  alley 
running  westerly  parallel  to  Walbrook  Avenue  26  feet  6 
inches  to  an  alley  8  feet  6  inches  wide  thence  with  the 
east  end  of  said  alley  10  feet  in  a  northerly  direction  with 
the  use  of  said  10  foot  alley  in  common  with  others  and 
thence  continuing  the  same  course  70  feet  to  the  place  of 
beginning.  The  improvements  thereon  being  known  as  No. 
2229  Walbrook  Avenue  (Ward  15,  Section  18,  Block  3204, 
Lot  34). 

Said  property  being  no  longer  needed  for  public  use. 

Reserving,  however,  unto  the  Grantor  the  right  to  use 
the  alleys  mentioned  in  the  above  description  for  the  use 
and  benefit  of  the  property  known  as  2201-2227  Walbrook 
Avenue. 

Sec.  2.  And  be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  734 

(Council  No.  1560) 

An  Ordinance  authorizing  an  increase  in  the  number  of 
Trustees  of  the  Walters  Art  Gallery. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That,  pursuant  to  the  provisions  of  Chapter 


508  ORDINANCES  Ord.  No.  735 

457  of  the  Acts  of  the  General  Assembly  of  Maryland  of 
1959,  the  Trustees  of  the  Walters  Art  Gallery  are  hereby 
authorized  to  increase  the  number  of  elected  trustees  from 
twolvo  EIGHTEEN  to  not  exceeding  twenty-four,  provided 
that  the  regular  term  of  each  additional  trustee  shall  be  six 
years,  and  the  first  term  of  the  additional  trustees  shall 
vary  in  length,  so  that  no  more  than  four  terms  of  the 
trustees  shall  terminate  in  any  year. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  735 
(Council  No.  1609) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Five  Thousand  Two  Hun- 
dred Twenty  Dollars  ($5,220)  to  the  Mayor's  Advisory 
Committee  on  Art  and  Culture  to  be  used  for  developing 
long-range  plans  and  funding  proposals  for  the  Cloisters 
Children's  Museum,  in  accordance  with  the  provisions  of 
Article  VI,  Section  2(h)(2)  of  the  Baltimore  City  Char- 
ter (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  private  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
19th  day  of  April,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 


ORDINANCES  509 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Coun- 
cil of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Five  Thousand  Two  Hundred 
Twenty  Dollars  ($5,220)  shall  be  made  available  to  the 
Mayor's  Advisory  Committee  on  Art  and  Culture  of  the 
City  of  Baltimore  as  a  supplementary  special  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1978  for  the 
purpose  of  developing  long-range  plans  and  funding  pro- 
posals for  the  Cloisters  Children's  Museum.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 
propriation shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Morris 
Goldseker  Foundation  of  Maryland,  Inc.,  said  sum  being 
specifically  allotted  to  the  Mayor  and  City  Council  of  Bal- 
timore for  the  aforesaid  purpose;  and  said  funds  from  said 
Morris  Goldseker  Foundation  of  Maryland,  Inc.  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  Ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  736 

(Council  No.  1650) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Thirty-Six  Thousand  Two 
Hundred  Dollars  ($36,200)  to  the  Fire  Department  to 
be  used  for  the  purchase  of  replacement  ambulances,  in 
accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected  with 


510  ORDINANCES  Ord.  No.  737 

reasonable  certainty  at  the  time  of  the  formulation  of  the 
1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
3rd  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Thirty-six  Thousand  Two  Hundred 
Dollars  ($36,200)  shall  be  made  available  to  the  Fire  De- 
partment of  the  City  of  Baltimore  as  a  supplementary  spe- 
cial fund  appropriation  for  the  fiscal  year  ending  June  30, 
1978  for  the  purpose  of  the  purchase  of  replacement  ambu- 
lances. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
State  of  Maryland,  Department  of  Transportation,  said  sum 
being  specifically  allotted  to  the  Mayor  and  City  Council  of 
Baltimore  for  the  aforesaid  purpose;  and  said  funds  from 
said  State  of  Maryland,  Department  of  Transportation, 
shall  be  the  source  of  revenue  for  this  supplementary  spe- 
cial fund  appropriation,  as  required  by  Article  VI,  Section 
2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  737 

(Council  No.  1703) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Thousand  Six  Hun- 


ORDINANCES  511 

dred  Seventy  Dollars  ($2,670)  to  the  Civic  Center  Com- 
mission to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Two  Thousand  Six  Hundred  Seventy 
Dollars  ($2,670)  shall  be  made  available  to  the  Civic  Center 
Commission  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  appro- 
priation shall  be  expended  from  a  grant  of  funds  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Federal  Gov- 
ernment under  the  Intergovernmental  Antirecession  As- 
sistance Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


512  ORDINANCES  Ord.  No.  738 

No.  738 
(Council  No.  1704) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Thousand  Three 
Hundred  Thirty  Dollars  ($2,330)  to  the  Civil  Service 
Commission  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Thousand  Three  Hundred 
Thirty  Dollars  ($2,330)  shall  be  made  available  to  the  Civil 
Service  Commission  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year  end- 
ing June  30,  1978  for  the  purpose  of  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments.  The 
amount  thus  made  available  as  a  supplementary  special 
fund  appropriation  shall  be  expended  from  a  grant  of  funds 
to  the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid  pur- 
pose; and  said  funds  from  said  Federal  Government  shall 
be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 


ORDINANCES  513 

Sec.  2.  And  be  it  further  ordained.  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  739 
(Council  No.  1705) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-eight  Thousand 
Five  Hundred  Ten  Dollars  ($28,510)  to  the  Community 
College  of  Baltimore  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twenty-eight  Thousand  Five 
Hundred  Ten  Dollars  ($28,510)  shall  be  made  available  to 
the  Community  College  of  Baltimore  of  the  City  of  Balti- 
more as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 


514  ORDINANCES  Ord.  No.  740 

mentary  special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum  being 
allotted  to  the  Mayor  and  City  Council  of  Baltimore  for  the 
aforesaid  purpose;  and  said  funds  from  said  Federal  Gov- 
ernment shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Provided  that  said  sum  of  Twenty-eight  Thousand  Five 
Hundred  Ten  Dollars  ($28,510)  shall  be  appropriated  as 
follows : 

Program  430,  Administration  of  College  - $  5,660 

Program  431,  Instruction    - $14,900 

Program  432,  Operational  Plant  Maintenance $  1,900 

Program  433,  Student  Services  $  6,050 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  740 
(Council  No.  1706) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Thousand  One  Hun- 
dred Eighty  Dollars  ($4,180)  to  the  Department  of 
Comptroller  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 


ORDINANCES  515 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Thousand  One  Hundred 
Eighty  Dollars  ($4,180)  shall  be  made  available  to  the 
Department  of  Comptroller  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted  to 
the  Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary  spe- 
cial fund  appropriation,  as  required  by  Article  VI,  Section 
2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Four  Thousand  One  Hundred 
Eighty  Dollars  ($4,180)  shall  be  appropriated  as  follows: 

Program  130,  Executive  Direction  and  Control $    520 

Program  131,  Audits _..._ $2,600 

Program  132,  Real  Estate  Acquisition  and 
Management _ $    900 

Program  135,  Insurance  on  City  Facilities  _ $    160 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


516  ORDINANCES  Ord.  No.  741 

No.  741 
(Council  No.  1707) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Five  Hun- 
dred Ten  Dollars  ($1,510)  to  the  City  Council  to  be  used 
for  paying  for  Negotiated  Salary  and  Wage  Increases 
and  Longevity  Increments,  in  accordance  with  the  pro- 
visions of  Article  VI,  Section  2(h)  (2)  of  the  Baltimore 
City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  One  Thousand  Five  Hundred  Ten 
Dollars  (§1,510)  shall  be  made  available  to  the  City  Council 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 


ORDINANCES  517 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  742 
(Council  No.  1708) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Hundred  Sixty- 
Dollars  ($360)  to  the  City  Council  Office  of  Financial 
Review  to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Three  Hundred  Sixty  Dollars  ($360) 
shall  be  made  available  to  the  City  Council  Office  of  Finan- 
cial Review  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The 
amount  thus  made  available  as  a  supplementary  special  fund 


518  ORDINANCES  Ord.  No.  743 

appropriation  shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession  As- 
sistance Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  743 
(Council  No.  1709) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Seventeen  Thousand  Six 
Hundred  Sixty  Dollars  ($17,660)  to  the  Supreme  Bench 
of  Baltimore  City  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 


ORDINANCES  519 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Seventeen  Thousand  Six  Hun- 
dred Sixty  Dollars  ($17,660)  shall  be  made  available  to  the 
Supreme  Bench  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 
propriation shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid  pur- 
pose; and  said  funds  from  said  Federal  Government  shall 
be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  744 
(Council  No.  1710) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Sixty  Dollars  ($60)  to 
the  Orphans'  Court  of  Baltimore  City  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 


520  ORDINANCES  Ord.  No.  745 

pected  with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting-  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Sixty  Dollars  ($60)  shall  be 
made  available  to  the  Orphans'  Court  of  the  City  of  Balti- 
more as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Fed- 
eral Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  745 
(Council  No.  1711) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Six  Hundred  Sixty-one 


ORDINANCES  521 

Thousand  Two  Hundred  Thirty-three  Dollars  ($661,- 
233)  to  the  Department  of  Education  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Bal- 
timore City,  the  sum  of  Six  Hundred  Sixty-one  Thousand 
Two  Hundred  Thirty-three  Dollars  ($661,233)  shall  be 
made  available  to  the  Department  of  Education  of  the  City 
of  Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available  as 
a  supplementary  special  fund  appropriation  shall  be  ex- 
pended from  a  grant  of  funds  to  the  Mayor  and  City  Coun- 
cil of  Baltimore  by  the  Federal  Government  under  the  Inter- 
governmental Antirecession  Assistance  Act  of  1977,  said 
sum  being  allotted  to  the  Mayor  and  City  Council  of  Bal- 
timore for  the  aforesaid  purpose ;  and  said  funds  from  said 
Federal  Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Provided  that  said  sum  of  Six  Hundred  Sixty-one  Thou- 
sand Two  Hundred  Thirty-three  Dollars  ($661,233)  shall  be 
appropriated  as  follows: 


522  ORDINANCES  Ord.  No.  746 

Program  400,  Administrative  Direction  and 

Control  $  10,000 

Program  401,  Instructional  Services $513,433 

Program  402,  Pupil  Personnel  Services $  32,400 

Program  404,  Plant  Operation  Services $(83,000) 

Program  405,  Plant  Maintenance  Services $  18,900 

Program  411,  Educational  Services  for 

Exceptional  Children  $169,500 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  746 
(Council  No.  1712) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Ninety  Dollars  ($90)  to 
the  Board  of  Supervisors  of  Elections  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 


ORDINANCES  523 

Section  1.  Be  it  or  darned  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Ninety  Dollars  ($90)  shall  be 
made  available  to  the  Board  of  Supervisors  of  Elections 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source  of 
revenue  for  this  supplementary  special  fund  appropriation, 
as  required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  747 

(Council  No.  1713) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  Three  Hun- 
dred Sixty  Dollars  ($1,360)  to  the  Boards  of  Trustees  of 
Employees  Retirement  Systems  to  be  used  for  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision) . 


524  ORDINANCES  Ord.  No.  747 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  One  Thousand  Three  Hundred  Sixty 
Dollars  ($1,360)  shall  be  made  available  to  the  Boards  of 
Trustees  of  Employees  Retirement  Systems  of  the  City 
of  Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
paying  for  Negotiated  Salary  and  Wage  Increases  and  Lon- 
gevity Increments.  The  amount  thus  made  available  as  a 
supplementary  special  fund  appropriation  shall  be  expended 
from  a  grant  of  funds  to  the  Mayor  and  City  Council  of 
Baltimore  by  the  Federal  Government  under  the  Inter- 
governmental Antirecession  Assistance  Act  of  1977,  said 
sum  being  allotted  to  the  Mayor  and  City  Council  of  Bal- 
timore for  the  aforesaid  purpose;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue  for 
this  supplementary  special  fund  appropriation,  as  required 
by  Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  Oity. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  526 

No.  748 
(Council  No.  1714) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Thirty-five  Thousand  Six 
Hundred  Forty  Dollars  ($35,640)  to  the  Department  of 
Finance  to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordamed  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Thirty-five  Thousand  Six  Hun- 
dred Forty  Dollars  ($35,640)  shall  be  made  available  to  the 
Department  of  Finance  of  the  City  of  Baltimore  as  a  sup- 
plementary special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose;  and  said  funds  from  said  Federal  Govern- 
ment shall  be  the  source  of  revenue  for  this  supplementary 
special    fund    appropriation,    as   required    by   Article   VI, 


526  ORDINANCES  Ord.  No.  749 

Section   2(h)    of  the   1964   revised  Charter  of  Baltimore 
City. 

Provided  that  said  sum  of  Thirty-five  Thousand  Six 
Hundred  Forty  Dollars  ($35,640)  shall  be  appropriated  as 
follows : 

Program  140,  Administrative  Direction  and 
Control    _ _ _ _ $1,680 

Program  141,  Budget  and  Management 
Research _ $3,690 

Program  142,  Accounting  Systems  and 
Operations    _ $6,400 

Program  143,  Collections  and  Receipts $5,700 

Program  144,  Purchasing  - $4,600 

Program  145,  Warehousing „ $7,500 

Program  147,  Management  Information 
Services ........ ...... $6,070 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  749 
(Council  No.  1715) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Hundred  Thousand 
Dollars  ($200,000)  to  the  Fire  Department  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant   from    a   governmental   source   which   could   not   be 


ORDINANCES  527 

expected   with   reasonable   certainty   at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Bal- 
timore City,  the  sum  of  Two  Hundred  Thousand  Dollars 
($200,000)  shall  be  made  available  to  the  Fire  Department 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
the  Intergovernmental  Antirecession  Assistance  Act  of 
1977,  said  sum  being  allotted  to  the  Mayor  and  City  Council 
of  Baltimore  for  the  aforesaid  purpose;  and  said  funds 
from  said  Federal  Government  shall  be  the  source  of  reve- 
nue for  this  supplementary  special  fund  appropriation,  as 
required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Two  Hundred  Thousand  Dol- 
lars ($200,000)  shall  be  appropriated  as  follows: 

Program  210,  Administrative  Direction  and 
Control  _ $     1,200 

Program  212,  Fire  Suppression „ „ $179,500 

Program  213,  Fire  Prevention $     7,000 

Program  215,  Fire  Alarm  and 
Communications - $    9,700 

Program  217,  Equipment  Maintenance _ $    2,600 


528  ORDINANCES  Ord.  No.  750 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  750 
(Council  No.  1716) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Hundred  Dollars 
($200)  to  the  Commission  for  Historical  and  Architec- 
tural Preservation  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments,  in 
accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
-of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Two  Hundred  Dollars  ($200)  shall  be 
made  available  to  the  Commission  for  Historical  and  Archi- 
tectural Preservation  of  the  City  of  Baltimore  as  a  sup- 
plementary special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 


ORDINANCES  529 

special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted  to 
the  Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary  spe- 
cial fund  appropriation,  as  required  by  Article  VI,  Section 
2(h)   of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  751 
(Council  No.  1717) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Forty-nine  Thousand  Five 
Hundred  Seventy  Dollars  ($49,570)  to  the  Department 
of  Hospitals  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 


530  ORDINANCES  Ord.  No.  751 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Forty-nine  Thousand  Five  Hun- 
dred Seventy  Dollars  ($49,570)  shall  be  made  available  to 
the  Department  of  Hospitals  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose ;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary  spe- 
cial fund  appropriation,  as  required  by  Article  VI,  Section 
2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Forty-nine  Thousand  Five 
Hundred  Seventy  Dollars  ($49,570)  shall  be  appropriated 
as  follows: 

Program  335,  Administrative  Services _ $  2,500 

Program  336,  Fiscal  Services - - $  6,270 

Program  337,  General  Services  _ _ $  4,100 

Program  339,  Nursing  Services $13,200 

Program  340,  Professional  Care  of  Patients _..  $  8,300 

Program  341,  Outpatient  Care  - $  1,100 

Program  342,  Diagnostic  Services _ - $  7,000 

Program  345,  Paramedical  Services  - $  3,400 

Program  347,  Long  Term  Care  _ $  3,700 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  531 

No.  752 
(Council  No.  1718) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Fifty-seven  Thousand 
Eight  Hundred  Sixty  Dollars  ($57,860)  to  the  Depart- 
ment of  Housing  and  Community  Development  to  be 
used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  siaid  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Fifty-seven  Thousand  Eight  Hundred 
Sixty  Dollars  ($57,860)  shall  be  made  available  to  the  De- 
partment of  Housing  and  Community  Development  of  the 
City  of  Baltimore  as  a  supplementary  special  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1978  for  the 
purpose  of  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source  of 
revenue  for  this  supplementary  special  fund  appropriation, 


532  ORDINANCES  Ord.  No.  753 

as  required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Fifty-seven  Thousand  Eight 
Hundred  Sixty  Dollars  ($57,860)  shall  be  appropriated  as 
follows: 

Prog-ram  177,  Administrative  Direction  and 

Control _ $  1,630 

Program  260,  Construction  and  Building 

Inspection     _ $19,200 

Program  581,  Planning m $  3,930 

Program  582,  Land  Development , $      500 

Program  583,  Neighborhood  Development $32,600 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  753 

(Council  No.  1719) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Thirty-nine  Thousand 
Three  Hundred  Dollars  ($39,300)  to  the  Jail  Board  to  be 
used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with  the 
provisions  of  Article  VI,  Section  2(h)(2)  of  the  Balti- 
more City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 


ORDINANCES  533 

by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Thirty-nine  Thousand  Three 
Hundred  Dollars  ($39,300)  shall  be  made  available  to  the 
Jail  Board  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 
propriation shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid  pur- 
pose; and  said  funds  from  said  Federal  Government  shall 
be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  or  darned,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  754 
(Council  No.  1720) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Eight  Hundred  Ninety 
Dollars  ($890)  to  the  Office  of  the  Labor  Commissioner 
to  be  used  for  paying  for  Negotiated  Salary  and  Wage 


534  ORDINANCES  Ord.  No.  754 

Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the  Bal- 
timore City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Eight  Hundred  Ninety  Dollars 
($890)  shall  be  made  available  to  the  Office  of  the  Labor 
Commissioner  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 
propriation shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  535 

No.  755 
(Council  No.  1721) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Eight  Thousand  Nine 
Hundred  Dollars  ($8,900)  to  the  Department  of  Law  to 
be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Eight  Thousand  Nine  Hundred 
Dollars  ($8,900)  shall  be  made  available  to  the  Department 
of  Law  of  the  City  of  Baltimore  as  a  supplementary  special 
fund  appropriation  for  the  fiscal  year  ending  June  30,  1978 
for  the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 


536  ORDINANCES  Ord.  No.  756 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  756 
(Council  No.  1722) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Dollars 
($100)  to  the  Mayor's  Task  Force  for  Liaison  with  the 
General  Assembly  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments,  in 
accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  One  Hundred  Dollars  ($100)  shall  be 
made  available  to  the  Mayor's  Task  Force  for  Liaison  -with 
the  General  Assembly  of  the  City  of  Baltimore  as  a  supple- 
mentary special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 


ORDINANCES  537 

special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose;  and  said  funds  from  said  Federal  Govern- 
ment shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI,  Sec- 
tion 2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  757 
(Council  No.  1723) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Hundred  Seventy 
Dollars  ($470)  to  the  Mayor's  Advisory  Committee  on 
Art  and  Culture  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 


538  ORDINANCES  Ord.  No.  758 

Section  1.  Be  it  ordained  by  th-e  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Hundred  Seventy  Dollars 
($470)  shall  be  made  available  to  the  Mayor's  Advisory 
Committee  on  Art  and  Culture  of  the  City  of  Baltimore  as 
a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending-  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Fed- 
eral Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  758 
(Council  No.  1724) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Thousand  Four 
Hundred  Dollars  ($3,400)  to  the  Baltimore  Museum  of 
Art  to  be  used  for  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 


ORDINANCES  539 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Bal- 
timore City,  the  sum  of  Three  Thousand  Four  Hundred  Dol- 
lars ($3,400)  shall  be  made  available  to  the  Museum  of  Art 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source  of 
revenue  for  this  supplementary  special  fund  appropriation, 
as  required  by  Article  VI,  Section  2(h)  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


540  ORDINANCES  Ord.  No.  759 

No.  759 
(Council  No.  1725) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Hundred  Sixty 
Dollars  ($460)  to  the  Mayor's  Advisory  Committee  on 
Small  Business  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Hundred  Sixty  Dollars 
($460)  shall  be  made  available  to  the  Mayor's  Advisory 
Committee  on  Small  Business  of  the  City  of  Baltimore  as 
a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Fed- 
eral Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 


ORDINANCES  541 

Article  VI,  Section  2(h)    of  the   1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  760 
(Council  No.  1726) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Eight  Hundred  Thirty 
Dollars  ($830)  to  the  Minimum  Wage  Commission  to  be 
used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with  the 
provisions  of  Article  VI,  Section  2(h)  (2)  of  the  Balti- 
more City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be 
expected  with  reasonable  certainty  at  the  time  of  the 
formulation  of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Eight  Hundred  Thirty  Dollars  ($830) 
shall  be  made  available  to  the  Minimum  Wage  Commission 
of  the  City  of  Baltimore  as  a  supplementally  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 


542  ORDINANCES  Ord.  No.  761 

the  purpose  of  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source  of 
revenue  for  this  supplementary  special  fund  appropriation, 
as  required  by  Article  VI,  Section  2  (h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  761 
(Council  No.  1727) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Six  Hundred  Thirty 
Dollars  ($630)  to  the  Office  of  Safety  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 


ORDINANCES  543 

Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Six  Hundred  Thirty  Dollars 
($630)  shall  be  made  available  to  the  Office  of  Safety  of 
the  City  of  Baltimore  as  a  supplementary  special  fund  ap- 
propriation for  the  fiscal  year  ending  June  30,  1978 
for  the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  762 

(Council  No.  1728) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Hundred  Dollars 
($300)  to  the  Office  of  Telecommunications  to  be  used 
for  paying  for  Negotiated  Salary  and  Wage  Increases 
and  Longevity  Increments,  in  accordance  with  the  pro- 
visions of  Article  VI,  Section  2(h)(2)  of  the  Baltimore 
City  Charter  (1964  Revision). 


544  ORDINANCES  Ord.  No.  762 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Hundred  Dollars  ($300) 
shall  be  made  available  to  the  Office  of  Telecommunications 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 
tion shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  of  the  1964 
revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  546 

No.  763 
(Council  No.  1729) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Hundred  Fifty 
Dollars  ($450)  to  the  Board  of  Trustees  of  the  Municipal 
Museum  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Hundred  Fifty  Dollars 
($450)  shall  be  made  available  to  the  Board  of  Trustees 
of  the  Municipal  Museum  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Fed- 
eral Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 


646  ORDINANCES  Ord.  No.  764 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  764 
(Council  No.  1730) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Hundred  Ninety 
Dollars  ($290)  to  the  Off-Street  Parking  Commission  to 
be  used  for  paying  for  Negotiated  Salary  and  Wage  In- 
creases and  Longevity  Increments,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Hundred  Ninety  Dollars 
($290)  shall  be  made  available  to  the  Off-Street  Parking 
Commission  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments.  The  amount 
thus  made  available  as  a  supplementary  special  fund  ap- 


ORDINANCES  647 

propriation  shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI, 
Section  2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordamed,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  765 
(Council  No.  1731) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Five  Thousand  Seven 
Hundred  Thirty  Dollars  ($5,730)  to  the  Department  of 
Planning  to  be  used  for  paying  for  Negotiated  Salary 
and  Wage  Increases  and  Longevity  Increments,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 


548  ORDINANCES  Ord.  No.  766 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Five  Thousand  Seven  Hundred 
Thirty  Dollars  ($5,730)  shall  be  made  available  to  the 
Department  of  Planning  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Fed- 
eral Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  766 
(Council  No.  1732) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Hundred  Seventy- 
five  Thousand  Three  Hundred  Dollars  ($275,300)  to  the 
Police  Department  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 


ORDINANCES  549 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Two  Hundred  Seventy-five 
Thousand  Three  Hundred  Dollars  ($275,300)  shall  be  made 
available  to  the  Police  Department  of  the  City  of  Balti- 
more as  a  supplementary  special  fund  appropriation  for 
the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available  as 
a  supplementary  special  fund  appropriation  shall  be  ex- 
pended from  a  grant  of  funds  to  the  Mayor  and  City  Coun- 
cil of  Baltimore  by  the  Federal  Government  under  the 
Intergovernmental  Antirecession  Assistance  Act  of  1977, 
said  sum  being  allotted  to  the  Mayor  and  City  Council  of 
Baltimore  for  the  aforesaid  purpose;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue  for 
this  supplementary  special  fund  appropriation,  as  required 
by  Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Provided  that  said  sum  of  Two  Hundred  Seventy-five 
Thousand  Three  Hundred  Dollars  ($275,300)  shall  be  ap- 
propriated as  follows : 

Program  201,  General  Patrol  _...._ $221,000 

Program  202,  Investigations - _ $  19,100 

Program  203,  Traffic _ $     7,800 

Program  204,  Services  Bureau - _ $  27,400 


550  ORDINANCES  Ord.  No.  767 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  767 
(Council  No.  1733) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Thousand  Two 
Hundred  Dollars  ($3,200)  to  the  Department  of  Post 
Mortem  Examiners  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Thousand  Two  Hundred 
Dollars  ($3,200)  shall  be  made  available  to  the  Department 
of  Post  Mortem  Examiners  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments. The  amount  thus  made  available  as  a  supplementary 


ORDINANCES  551 

special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by 
the  Federal  Government  under  the  Intergovernmental  Anti- 
recession Assistance  Act  of  1977,  said  sum  being  allotted 
to  the  Mayor  and  City  Council  of  Baltimore  for  the  afore- 
said purpose ;  and  said  funds  from  said  Federal  Government 
shall  be  the  source  of  revenue  for  this  supplementary 
special  fund  appropriation,  as  required  by  Article  VI,  Sec- 
tion 2(h)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  768 
(Council  No.  1734) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-seven  Thousand 
Two  Hundred  Ninety  Dollars  ($27,290)  to  the  Depart- 
ment of  Public  Works  to  be  used  for  paying  for  Nego- 
tiated Salary  and  Wage  Increases  and  Longevity  Incre- 
ments, in  accordance  with  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  Baltimore  City  Charter  (1964 
Revision) . 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 


552  ORDINANCES  Ord.  No.  768 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twenty-seven  Thousand  Two 
Hundred  Ninety  Dollars  ($27,290)  shall  be  made  available 
to  the  Department  of  Public  Works  of  the  City  of  Balti- 
more as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Fed- 
eral Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VX  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Provided  that  said  sum  of  Twenty-seven  Thousand  Two 
Hundred  Ninety  Dollars  ($27,290)  shall  be  appropriated  as 
follows : 

Program  190,  Administrative  Direction  and 

Control    _ _ - $     1,540 

Program  191,  Survey  Control    _ $  4,190 

Program  193,  Public  Building  Management $  9,780 

Program  195,  Abandoned  Vehicles  _ $  1,750 

Program  196,  Special  Services  $  9,000 

Program  198,  Engineering  Administration 
and  Support  _ $     1,000 

Program  241,  Materials,  Weights  and 

Measures  Testing  _ _ _...  $     2,600 

Program  501,  Public  Streets,  Bridges  and 
Highways _ - $  10,550 

Program  512,  Engineering  Design  _...._ $     4,800 

Program  516,  Refuse  Disposal  - $     2,300 

Program  518,  Maintenance  and  Repair  of 

Storm  Water  System  _ $     5,480 


ORDINANCES  553 

Program  544,  Maintenance  and  Repair  of 
Sanitary  System $(15,000) 

Program  546,  Water  Distribution,  Water 
Meters  and  Invest _ _ $(19,000) 

Program  550,  Waste  Water  Treatment  and 
Pumping _ _ $     8,300 

Sec.  2.  And  be  it  further  ordamed,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  769 
(Council  No.  1735) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-six  Thousand 
Four  Hundred  Twenty  Dollars  ($26,420)  to  the  Depart- 
ment of  Recreation  and  Parks  to  be  used  for  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,   That  under  the  provisions   of  Article  VI, 


554  ORDINANCES  Ord.  No.  769 

Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twenty-six  Thousand  Four 
Hundred  Twenty  Dollars  ($26,420)  shall  be  made  available 
to  the  Department  of  Recreation  and  Parks  of  the  City  of 
Baltimore  as  a  supplementary  special  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments.  The  amount  thus  made  available  as 
a  supplementary  special  fund  appropriation  shall  be  ex- 
pended from  a  grant  of  funds  to  the  Mayor  and  City 
Council  of  Baltimore  by  the  Federal  Government  under  the 
Intergovernmental  Antirecession  Assistance  Act  of  1977, 
said  sum  being  allotted  to  the  Mayor  and  City  Council  of 
Baltimore  for  the  aforesaid  purpose;  and  said  funds  from 
said  Federal  Government  shall  be  the  source  of  revenue 
for  this  supplementary  special  fund  appropriation,  as  re- 
quired by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Twenty-six  Thousand  Four 
Hundred  Twenty  Dollars  ($26,420)  shall  be  appropriated 
as  follows: 

Program  471,  Administrative  Direction  and 
Control    _ $  1,700 

Program  473,  Municipal  Concerts  and  Other 
Musical  Events  $       90 

Program  478,  General  Park  Services  $  2,360 

Program  479,  Special  Park  Facilities  $  7,000 

Program  480,  Regular  Recreational 
Services  $14,670 

Program  505,  Street  Trees  _ $      600 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  555 

No.  770 
(Council  No.  1736) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Two  Hundred  Dollars 
($200)  to  the  Sheriff's  Office  of  Baltimore  City  to  be  used 
for  paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Two  Hundred  Dollars  ($200)  shall 
be  made  available  to  the  Sheriff's  Office  of  the  City  of  Balti- 
more as  a  supplementary  special  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  paying 
for  Negotiated  Salary  and  Wage  Increases  and  Longevity 
Increments.  The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 


556  ORDINANCES  Ord.  No.  771 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  771 
(Council  No.  1737) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twelve  Thousand  Seven 
Hundred  Forty  Dollars  ($12,740)  to  the  State's  Attorney 
for  Baltimore  City  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twelve  Thousand  Seven  Hun- 
dred Forty  Dollars  ($12,740)  shall  be  made  available  to  the 
State's  Attorney  of  the  City  of  Baltimore  as  a  supplemen- 
tary special  fund  appropriation  for  the  fiscal  year  ending 
June  30,  1978  for  the  purpose  of  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments.  The 
amount   thus  made  available  as  a  supplementary  special 


ORDINANCES  557 

fund  appropriation  shall  be  expended  from  a  grant  of  funds 
to  the  Mayor  and  City  Council  of  Baltimore  by  the  Federal 
Government  under  the  Intergovernmental  Antirecession 
Assistance  Act  of  1977,  said  sum  being  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid  pur- 
pose; and  said  funds  from  said  Federal  Government  shall 
be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2(h) 
of  the  1964  revised  Charter  of  Baltimore  City. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  772 

(Council  No.  1738) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Fifteen  Thousand  Two 
Hundred  Eighty  Dollars  ($15,280)  to  the  Department  of 
Transit  and  Traffic  to  be  used  for  paying  for  Negotiated 
Salary  and  Wage  Increases  and  Longevity  Increments, 
in  accordance  with  the  provisions  of  Article  VI,  Section 
2(h)(2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltmwe 
City. 


558  ORDINANCES  Orel.  No.  772 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Fifteen  Thousand  Two  Hundred 
Eighty  Dollars  ($15,280)  shall  be  made  available  to  the 
Department  of  Transit  and  Traffic  of  the  City  of  Baltimore 
as  a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary special  fund  appropriation  shall  be  expended  from 
a  grant  of  funds  to  the  Mayor  and  City  Council  of  Balti- 
more by  the  Federal  Government  under  the  Intergovern- 
mental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Fed- 
eral Government  shall  be  the  source  of  revenue  for  this 
supplementary  special  fund  appropriation,  as  required  by 
Article  VI,  Section  2(h)  of  the  1964  revised  Charter  of 
Baltimore  City. 

Provided  that  said  sum  of  Fifteen  Thousand  Two  Hun- 
dred Eighty  Dollars  ($15,280)  shall  be  appropriated  as 
follows: 

Program  230,  Administrative  Direction 
and  Control   „..- $2,330 

Program  231,  Traffic  Planning  and 
Engineering   ~„ - _ $3,500 

Program  232,  Metered  Parking  Control  : $2,200 

Program  233,  Traffic  Signs  and  Street 

Markings - -....- $3,850 

Program  234,  Construction  and  Maintenance 
of  Traffic  Signals $3,400 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  559 

No.  773 
(Council  No.  1739) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Thousand  One  Hun- 
dred Ten  Dollars  ($1,110)  to  the  Department  of  Treas- 
urer to  be  used  for  paying  for  Negotiated  Salary  and 
Wage  Increases  and  Longevity  Increments,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Thousand  One  Hundred 
Ten  Dollars  ($1,110)  shall  be  made  available  to  the  De- 
partment of  the  Treasurer  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  paying  for 
Negotiated  Salary  and  Wage  Increases  and  Longevity  In- 
crements. The  amount  thus  made  available  as  a  supple- 
mentary  special  fund  appropriation  shall  be  expended 
from  a  grant  of  funds  to  the  Mayor  and  City  Council  of 
Baltimore  by  the  Federal  Government  under  the  Intergov- 
ernmental Antirecession  Assistance  Act  of  1977,  said  sum 
being  allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose ;  and  said  funds  from  said  Federal 
Government  shall  be  the  source  of  revenue  for  this  supple- 
mentary special  fund  appropriation,  as  required  by  Article 
VI,  Section  2(h)  of  the  1964  revised  Charter  of  Baltimore 
City. 


500  ORDINANCES  Ord.  No.  774 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  774 
(Council  No.  1740) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Hundred  Dollars 
($400)  to  the  War  Memorial  Commission  to  be  used  for 
paying  for  Negotiated  Salary  and  Wage  Increases  and 
Longevity  Increments,  in  accordance  with  the  provisions 
of  Article  VI,  Section  2(h)(2)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  governmental  source  which  could  not  be  ex- 
pected with  reasonable  certainty  at  the  time  of  the  formu- 
lation of  the  fiscal  1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
24th  day  of  May,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)(2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Four  Hundred  Dollars  ($400) 
shall  be  made  available  to  the  War  Memorial  Commission 
of  the  City  of  Baltimore  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  paying  for  Negotiated  Salary  and  Wage 
Increases  and  Longevity  Increments.  The  amount  thus 
made  available  as  a  supplementary  special  fund  appropria- 


ORDINANCES  561 

tion  shall  be  expended  from  a  grant  of  funds  to  the  Mayor 
and  City  Council  of  Baltimore  by  the  Federal  Government 
under  the  Intergovernmental  Antirecession  Assistance  Act 
of  1977,  said  sum  being  allotted  to  the  Mayor  and  City 
Council  of  Baltimore  for  the  aforesaid  purpose;  and  said 
funds  from  said  Federal  Government  shall  be  the  source  of 
revenue  for  this  supplementary  special  fund  appropriation, 
as  required  by  Article  VI,  Section  2(h)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  775 
(Council  No.  1412) 

An  Ordinance  granting  permission  to  the  Southeast  Balti- 
more Group  Homes,  Inc.,  for  the  establishment  and  main- 
tenance of  a  Community  Adult  Rohabilitation  CORREC- 
TION Center  (JUVENILE  GROUP  HOME)  FOR  10 
RESIDENTS  on  the  north  side  of  East  Baltimore  Street, 
west  from  North  Spring  Street,  known  as  1422  East  Bal- 
timore Street,  as  outlined  in  red  on  the  plats  accompany- 
ing this  ordinance,  under  the  provisions  of  Section  6.3-ld 
of  Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Zoning  Code  of  Baltimore  City"  as  ordained  by 
Ordinance  260,  approved  February  5,  1973,  and  under 
the  provisions  of  Section  11.0-6d  of  said  article  and  title, 
subtitle  "Conditional  uses  by  Authority  of  City  Council," 
as  ordained  by  Ordinance  1051,  approved  April  20,  1971, 
SUBJECT  TO  THE  CONDITION  THAT  THE  CENTER 
SHALL  BE  OPERATIONAL  WITHIN  24  MONTHS. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  is  hereby  granted  to  the 


562  ORDINANCES  Ord.  No.  776 

Southeast  Baltimore  Group  Homes,  Inc.,  for  the  establish- 
ment and  maintenance  of  a  Community  Adult  Rohabilita- 
tioft  CORRECTION  Center  (JUVENILE  GROUP  HOME) 
FOR  10  RESIDENTS  on  the  north  side  of  East  Baltimore 
Street,  west  from  North  Spring  Street,  known  as  1422  East 
Baltimore  Street,  as  outlined  in  red  on  the  plats  accom- 
panying this  ordinance,  under  the  provisions  of  Section 
6.3-ld  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning  Code  of  Baltimore  City,"  as  ordained  by 
Ordinance  260,  approved  February  5,  1973,  and  under  the 
provisions  of  Section  11.0-6d  of  said  article  and  title,  sub- 
title "Conditional  uses  by  authority  of  City  Council,"  as 
ordained  by  Ordinance  1051,  approved  April  20,  1971. 

SEC.  2.  AND  BE  IT  FURTHER  ORDAINED,  THAT 
THIS  ORDINANCE  IS  PASSED  ON  THE  CONDITION 
THAT  SOUTHEAST  BALTIMORE  GROUP  HOMES, 
INC.,  SHALL  BE  OPERATING  AND  MAINTAINING  A 
JUVENILE  GROUP  HOME  AT  1422  EAST  BALTIMORE 
STREET  WITHIN  24  MONTHS  FROM  THE  DATE  OF 
PASSAGE  OF  THIS  ORDINANCE. 

Sec.  2t  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  16,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  776 
(Council  No.  1432) 

An  Ordinance  to  authorize  the  use  of  the  property  to  the 
rear  of  1001  Pine  Heights  Avenue,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance,  for  an  open  air 

off-street  parking  facility  in  the  OR-1  R-6  District,  pur- 
suant to  Sections  5.1  Id  4.6-1D  and  11.0-6d  of  Article  30 
of  the  Baltimore  City  Code  (1966  Edition),  title  "The 
Zoning  Ordinance  of  Baltimore  City"  (Ordinance  No. 
1051)  approved  April  20,  1971. 


ORDINANCES  563 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  property  to  the  rear  of  1001  Pine 
Heights  Avenue,  as  outlined  in  red  on  the  plats  accompany- 
ing this  ordinance,  be  and  it  is  hereby  authorized  for  use 
as  an  open  air  off-street  parking  facility  in  the  OR-1  R-6 
District,  pursuant  to  Sections  5,1-ld  4.6-1D  and  11.0-6d  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"The  Zoning  Ordinance  of  Baltimore  City"  (Ordinance  No. 
1051)  approved  April  20, 1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following:  the  Board  of  Municipal  and  Zoning  Ap- 
peals, the  Planning  Commission,  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development, 
the  Commissioner  of  Transit  and  Traffic,  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  June  16,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  777 
(Council  No.  1564) 

An  Ordinance  to  authorize  the  establishment,  maintenance 
and  operation  of  housing  for  the  elderly  on  the  property 
located  at  501  East  Preston  Street,  as  shown  outlined  in 
red  of  the  plats  accompanying  this  ordinance,  this 
ordinance  being  ordained  under  the  provisions  of  Sections 
4.9-ld  and  11.0-6d  of  Article  30  of  the  Baltimore  City 


564  ORDINANCES  Ord.  No.  778 

Code  (1966  Edition),  title  "Zoning  Ordinance  of  Balti- 
more City,"  as  ordained  by  Ordinance  1051,  approved 
April  20,  1971,  and  as  amended  by  Ordinance  1202, 
approved  November  29,  1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Baltimore 
hereby  authorizes  the  establishment,  maintenance,  and 
operation  of  housing  for  the  elderly,  as  shown  outlined  in 
red  on  the  plats  accompanying  this  ordinance,  under  and 
pursuant  to  the  provisions  of  Sections  4.9-ld  and  11.0-6d 
of  Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Zoning  Ordinance  of  Baltimore  City,"  as  ordained  by 
Ordinance  1051,  approved  April  20,  1971,  and  as  amended 
by  Ordinance  1202,  approved  November  29,  1971. 

Sec.  2.  And  be  it  further  ordained.  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof,  and  in 
order  to  give  notice  to  the  departments  which  are  adminis- 
tering the  Zoning  Ordinance,  the  President  of  the  City 
Council  shall  sign  the  Plat,  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development,  the 
Commissioner  of  Transit  and  Traffic,  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  June  16,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  778 
(Council  No.  1608) 

An  Ordinance  to  repeal  and  reordain,  with  amendments, 
Sections  51   through  60,   inclusive  of  Article  19  of  the 


ORDINANCES  565 

Baltimore  City  Code  (1966  Edition),  title  "Police  Ordi- 
nance," subtitle  "Minimum  Wage  Law,";  to  add  new 
Sections  61  and  62  to  the  same  Article;  and  incorporating 
and  amending  the  provisions  of  Ordinance  969,  approved 
July  9,  1975,  changing  the  name  of  the  Ordinance  to 
"Wage  Law"  and  the  name  of  the  Commission  to  "Wage 
Commission"  for  Baltimore  City  and  renumbering  cer- 
tain paragraphs  and  changing  certain  definitions  and 
amending  the  hourly  wage  rates  and  authorizing  the 
Wage  Commission  to  collect  employee's  compensation 
from  employers  who  refuse  to  pay  their  employees  upon 
separation,  and  providing  for  overtime  payments  to  em- 
ployees and  requiring  employers  to  notify  employees  of 
rates  of  pay,  pay  dates  and  gross  pay  and  deductions 
and  providing  for  interest  to  be  paid  to  employees  on  the 
unpaid  wages  and  providing  a  penalty  for  violations  of 
the  provisions  of  this  subtitle. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sections  51  through  60  inclusive  of 
Article  19  of  the  Baltimore  City  Code  (1966  Edition),  title 
"Police  Ordinances,"  subtitle  "Minimum  Wage  Law,"  be 
and  they  are  hereby  repealed  and  reordained  with  amend- 
ments to  read  as  follows: 

51.     Declaration  of  Policy  and  findings  of  fact. 

The  Mayor  and  City  Council,  after  conducting  an  in- 
vestigation of  employment  conditions  in  the  City  of  Balti- 
more, hereby  find  that  many  persons  employed  in  Baltimore 
are  paid  wages  which,  in  relation  to  the  cost  of  living  in  the 
City  and  the  income  necessary  to  sustain  minimum  stand- 
ards of  decent  living  conditions,  are  insufficient  to  provide 
adequate  maintenance  for  themselves  and  their  families; 
that  the  employment  of  such  persons  at  such  wages  impairs 
the  health,  efficiency,  and  well-being  of  the  persons  so  em- 
ployed and  of  their  families,  reduces  the  purchasing  power 
of  such  persons,  diminishes  and  depresses  business,  trade, 
and  industry  in  the  City,  threatens  the  stability  and  well- 
being  of  the  City's  economic  life,  fosters  and  contributes 
toward  slum  conditions  and  housing  evils  and  creates  con- 
ditions of  want  and  deprivation  tending  to  weaken  and 
undermine  family  life  and  breed  crime  and  juvenile  de- 
linquency. Employment  of  persons  at  such  insufficient  rates 


566  ORDINANCES  Ord.  No.  778 

of  pay  threatens  the  health,  welfare,  and  well-being  of  the 
people  of  the  City  and  injures  the  City  economically. 

Accordingly,  it  is  the  declared  poHcy  of  the  Mayor  and 
City  Council  that  such  conditions  be  eliminated  as  rapidly 
as  practicable  without  substantially  curtailing  opportunities 
for  employment  or  earning  power. 

To  that  end,  legislation  is  necessary  in  the  public  in- 
terest in  order  to  end  these  conditions  so  inimical  to  the 
public  health,  safety,  and  welfare  of  the  citizens  of  Balti- 
more, to  establish  minimum  wage  standards  for  all  em- 
ployees as  herein  defined  at  a  level  consistent  with  their 
health,  welfare,  and  general  well-being. 

£54.]  52.     [Minimum]  Wage  Commission. 

(a)  Created — There  is  hereby  created  and  established 
the  [Minimum]  Wage  Commission  of  Baltimore  City  with 
the  membership,  powers  and  duties  as  in  this  subtitle  pro- 
vided, which  shall  be  responsible  for  the  administration  and 
proper  operation  of  the  minimum  wage  law. 

(b)  Members — The  Commission  shall  be  composed  of 
five  persons  of  integrity  and  experience  who  shall  be  ap- 
pointed by  the  Mayor  subject  to  the  approval  of  the  City 
Council.  If  a  vacancy  occurs  on  the  Commission,  the  va- 
cancy shall  be  filled  for  the  unexpired  term  in  the  same 
manner  as  the  office  was  previously  filled.  The  Commission 
members  shall  serve  without  compensation  but  shall  be 
reimbursed  for  all  expenses  necessarily  incurred.  Each 
member  of  the  Commission  shall  serve  for  a  period  of 
three  (3)  years  and  until  his  successor  is  duly  appointed 
and  qualified,  except  that  in  the  case  of  those  first  ap- 
pointed, the  terms  shall  be  as  follows:  two  members  shall 
be  appointed  to  serve  for  one  year,  two  to  serve  for  two 
years,  and  one  to  serve  for  three  years.  Each  member  of 
the  Commission,  within  ten  days  after  his  appointment, 
shall  take  an  oath  of  office  that  so  far  as  it  devolves  upon 
him,  he  will  diligently  and  honestly  administer  the  affairs 
of  the  said  Commission,  and  such  oath  shall  be  subscribed 
to  by  the  member  making  it  and  certified  by  the  Mayor 
before  whom  it  is  taken  and  shall  be  immediately  filed  in 
the  office  of  the  City  Treasurer. 


ORDINANCES  567 

(c)  Procedure — Each  member  of  the  Commission  shall 
be  entitled  to  one  vote.  A  majority  of  said  Commission  shall 
constitute  a  quorum  for  the  transaction  of  any  business,  the 
exercise  of  any  power  in  the  performance  of  any  duty 
authorized  or  imposed  by  this  subtitle. 

(d)  Staff;  budget — The  Mayor  shall  designate  one  mem- 
ber of  the  Commission  as  its  chairman,  and  the  Commission 
shall,  by  a  majority  vote  of  all  its  members,  appoint  an 
executive  director.  It  shall  employ  such  other  persons  as  may 
be  required  to  administer  effectively  the  provisions  of  this 
subtitle.  Compensation  of  all  persons  so  employed  by  the 
Commission  and  all  other  necessary  expenses  of  the  Commis- 
sion shall  be  paid  at  such  rates  and  in  such  amounts  as  the 
Board  of  Estimates  shall  approve  and  in  accordance  with 
the  appropriations  in  the  annual  Ordinance  of  Estimates. 

[55.]  53.     Powers  and  Duties  of  the  Commission. 

The  Commission  is  authorized  to  and  shall  have  the  power 
to: 

(1)  Formulate  and  carry  out  a  comprehensive  educa- 
tional and  action  program  designed  to  eliminate  the  pay- 
ment of  substandard  wages  to  employees  in  the  City  of 
Baltimore. 

(2)  Receive,  investigate,  and  take  action  as  herein  pro- 
vided on  all  complaints  of  payment  of  less  than  the  mini- 
mum wage  required  by  this  subtitle;  conduct  such  investi- 
gations on  its  own  initiative  as  it  deems  proper  to  effectu- 
ate the  purposes  of  this  subtitle;  monitor  and  assist  in  the 
fulfillment  of  any  agreements  negotiated  with  employers  to 
effect  their  compliance  with  this  subtitle. 

(3)  Make  appropriate  findings  as  a  result  of  any  of  its 
investigations. 

(4)  Adopt  such  rules  and  regulations  as  it  may  deem 
necessary  to  effect  compliance  with  this  subtitle,  govern 
its  procedures  and  execute  the  duties  and  responsibilities 
imposed  on  it  herein.  Such  rules  and  regulations  may  in- 
clude, but  are  not  limited  to,  those  further  defining  persons 
engaged  in  voluntary  service  to  a  non-profit  organization, 
persons  employed  in  a  bona  fide  executive,  supervisory  or 


568  ORDINANCES  Ord.  No.  778 

professional  capacity,  persons  employed  by  any  member  of 
their  immediate  family,  persons  compensated  upon  a  com- 
mission basis;  [persons  employed  as  domestics  and  persons 
employed  in  grocery  stores  for  the  purposes  of  Section 
52(3)  ;]  and  those  establishing  deductions  in  allowance  for 
the  reasonable  value  of  uniforms,  board,  lodging  or  other 
facilities,  items  or  services  supplied  by  the  employer,  de- 
fining students  and  employees  customarily  receiving  tips 
and  defining  handicapped  persons  for  the  purposes  of  Sec- 
tion 55.  All  rules  and  regulations  so  adopted  shall  be  pub- 
lished by  the  Commission  as  soon  as  possible  after  their 
adoption  and  made  available,  without  charge,  to  any  per- 
sons requesting  them. 

(5)  In  the  enforcement  of  this  subtitle,  issue  subpoenas, 
compel  the  attendance  and  testimony  of  witnesses  and  the 
production  of  books,  papers,  records,  and  documents  re- 
lating to  payroll  records,  and  necessary  for  hearings,  in- 
vestigations, and  proceedings.  Any  such  subpoena  shall  be 
served  by  the  Sheriff  of  Baltimore  City  or  any  of  his 
deputies.  In  case  of  disobedience  to  a  subpoena,  the  Com- 
mission may  apply  to  a  Court  of  appropriate  jurisdiction 
for  an  order  requiring  the  attendance  and  testimony  of 
witnesses  and  the  production  of  books,  papers,  records,  and 
documents.  Said  court,  in  case  of  contumacy  or  refusal  to 
obey  any  such  subpoena,  after  notice  to  the  person  sub- 
poenaed, and  upon  finding  that  the  attendance  or  testimony 
of  such  witnesses  or  the  production  of  such  books,  papers, 
records,  and  documents  as  the  case  may  be,  is  relevant  or 
necessary  for  such  hearings,  investigations,  or  proceedings 
of  the  Commission,  may  issue  an  order  requiring  the  at- 
tendance, and  testimony  of  such  witnesses  and  the  produc- 
tion of  such  books,  papers,  records,  and  documents,  or  any 
of  them,  and  any  failure  to  obey  such  order  of  the  court 
may  be  punished  by  the  court  as  contempt  thereof. 

(6)  Neither  the  Commission  nor  any  of  its  employees 
may  be  compelled  in  any  hearing  before  the  Commission  or 
other  administrative  proceeding,  to  disclose  the  identity  of 
any  person  filing  a  complaint  with  the  Commission  under 
the  provisions  of  this  subtitle.  The  Commission  shall,  how- 
ever, have  the  right  in  its  sole  discretion  to  make  such  dis- 
closure in  any  instance  where  the  Commission  deems  it  ap- 
propriate to  do  so. 


ORDINANCES  569 

(7)  Inspect  payroll  records  of  any  business  if  neces- 
sary. 

[52.]     5U.     Definitions. 

The  terms  hereinafter  set  forth,  wherever  used  in  this 
subtitle,  are  defined  as  follows: 

(1)  "Employ"  means  to  [suffer  or]  permit  to  work. 

(2)  "Employer"  means  any  person,  individual,  partner- 
ship, association,  corporation,  business  trust  or  any  other  or- 
ganized group  or  successor  of  an  individual,  partnership, 
association,  corporation,  trust  of  persons  employing  two  or 
more  persons  in  the  City  of  Baltimore,  but  shall  not  include 
the  United  States,  any  State  or  any  political  subdivision 
thereof. 

(3)  "Employee"  means  any  person  permitted  or  in- 
structed to  work  or  be  present  by  an  employer,  but  shall  not 
include 

(a)  Persons  engaged  in  the  activities  of  an  educational, 
charitable,  religious,  or  other  non-profit  organization  where 
the  services  rendered  to  such  organization  are  on  a  volun- 
tary basis,  or  in  return  for  charitable  aid  conferred  upon 
such  person. 

(b)  Persons  employed  in  a  bona  fide  executive,  super- 
visory or  professional  capacity. 

(c)  Persons  employed  by  any  member  of  their  immedi- 
ate family. 

(d)  Persons  compensated  upon  a  commission  basis  only. 

(e)  Persons  employed  as  domestics  within  a  home,  only 
to  the  extent  that  such  persons  have  been  exempted  from 
the  Federal  Fair  Labor  Standards  Act  as  amended  and  as 
hereafter  amended. 

(F)  PERSONS  EMPLOYED  AT  MOTION  PICTURE 
THEATRES,  WHETHER  INDOOR  OR  OUTDOOR. 

[53.]     55.     Minimum  Wage. 

(a)  Subject  to  the  other  provisions  of  this  subtitle, 
every  employer  operating  and  doing  business  in  Baltimore 
City  shall  pay  wages  to  each  of  his  employees  therein  at  a 


570  ORDINANCES  Ord.  No.  778 

rate  not  less  than  Two  Dollars  and  Sixty-Five  Cents  ($2.65) 
per  hour  beginning  on  the  effective  date  of  this  ordinance, 
Two  Dollars  and  Ninety  Cents  ($2.90)  per  hour  beginning 
January  1,  1979  and  Three  Dollars  Ten  Cents  ($3.10) 
per  hour  beginning  January  1,  1980  and  Three  Dollars  and 
Thirty-Five  Cents  ($3.85)  per  hour  beginning  January  1, 
1981. 

(b)  For  purposes  of  this  subtitle,  wages  shall  include 
the  reasonable  value,  as  determined  by  the  [Minimum] 
Wage  Commission  of  uniforms,  board,  lodging  or  other 
facilities,  items  or  services  furnished  such  employee  by  the 
employer.  Provided  that  the  [Minimum]  Wage  Commission 
is  empowered  to  determine  such  value  by  reference  to  the 
average  cost  to  the  employer  or  to  groups  of  employers 
similarly  situated. 

(c)  Any  employee  who  is  a  full  time  student  in  a  pri- 
mary or  secondary  school,  as  such  term  is  further  defined 
by  the  [Minimum]  Wage  Commission,  may  be  paid  Eighty- 
Five  Per  Cent  (85%)  of  the  minimum  wage  proscribed 
herein;  provided,  however,  that  such  students  may  not  be 
employed  for  more  than  twenty-eight  (28)  hours  per  week 
while  attending  school.  Students  enrolled  in  an  approved 
work  study  program  shall  be  exempt  from  the  limitations 
of  this  subparagraph  (c)  and  from  the  minimum  wage  re- 
quirements of  this  subtitle.  Work  Study  Programs  must  be 
approved  by  the  Wage  Commission. 

(d)  With  respect  to  any  employee  engaged  in  an  occupa- 
tion in  which  he  customarily  and  regularly  receives  more 
than  Thirty  Dollars  ($30.00)  per  month  in  tips,  the  em- 
ployer may  credit  up  to  50  %  as  of  the  effective  date  of  this 
Ordinance;  45%  on  January  1,  1979;  40%  on  January  1, 
1980  and  thereafter  of  the  applicable  minimum  wage  as 
coming  from  tips  but  may  do  so  only  if  the  employee  ac- 
tually received  the  amount  credited.  It  shall  be  the  em- 
ployer's obligation  to  provide  evidence  of  any  amount 
claimed  by  him  as  being  received  by  his  employee  as  tips. 

(e)  The  [Minimum]  Wage  Commission  may,  in  its 
discretion,  recognize  certificates  issued  by  the  State  of 
Maryland  for  payment  of  less  than  the  minimum  wage  to 
persons  who  are  mentally  or  physically  handicapped,  or 
the  Commission  may  issue  its  own  certificates;  provided, 


ORDINANCES  571 

that  the  Commission's  said  recognition  or  certification  may 
be  upon  such  terms  and  for  such  period  of  time  as  the  Com- 
mission deems  appropriate. 

56.  Wages  Due 

If  an  employee  is  separated  from  his  jvb  for  any  reason 
and  complains  to  the  Commission  that  the  employer  refused 
to  compensate  him  for  services  rendered  on  the  next  regular 
payday,  the  Commission  is  authorized  to  collect  these  wages 
for  the  affected  employee. 

57.  Overtime 

Every  employer  shall  pay  each  of  its  employees  for  all 
hours  worked  in  excess  of  forty  (40)  during  any  work 
week,  at  a  rate  which  is  one  and  one-half  (iy<±)  times  the 
employee's  usual  hourly  wage  rate,  except  that  no  employer 
ivill  be  liable  for  overtime  pay  to  an  employee  under  this 
Section  to  a  greater  extent  than  it  is  liable  to  such  em- 
ployee under  the  Minimum  Wage  Act  of  the  State  of  Mary- 
land (Article  100  §§  81-93  of  the  Annotated  Code  of  Mary- 
land) or  the  Federal  Fair  Labor  Standards  Act  (29  U.S.C. 
§§  201-219).  Except  that  any  gross  receipts  dollar  volume 
limitation  to  coverage  contained  m  Article  100,  Sections 
81-93  of  the  Annotated  Code  of  Maryland  or  Volume  29, 
Sections  201-219  of  United  States  Code  Annotated  will  not 
be  applicable  hereunder. 

For  purposes  of  this  Section,  an  employee's  "usual 
hourly  wage  rate"  and  "work  week"  shall  be  determined 
under  the  provisions  of  the  Federal  Fair  Labor  Standards 
Act  unless  his  employer  is  not  subject  to  that  Act  in  which 
case  such  determinations  shall  be  made  under  the  provisions 
of  the  Minimum  Wage  Act  of  the  State  of  Maryland. 

58.  Records 

(a)  Every  employer  subject  to  this  subtitle  shall  keep 
for  a  period  of  not  less  than  three  (3)  years  a  true  and 
accurate  record  of  the  name,  social  security  number,  ad- 
dress at  time  of  employment,  occupation,  time  worked  and 
rate  of  pay  for  each  of  his  employees.  The  Commission  or 
its  authorized  representative,  shall  have  the  right,  at  all 
reasonable  times,  to  enter  upon  the  premises  of  any  em- 


572  ORDINANCES  Ord.  No.  778 

ployer  to  inspect  such  records  to  ascertain  whether  the  pro- 
visions of  this  subtitle  have  been  complied  with.  The  records 
of  the  Commission  in  any  proceeding  or  investigation  made 
pursuant  to  the  provisions  of  this  subtitle  shall  be  kept 
confidential  to  the  extent  that  they  disclose  the  payroll  of 
any  employer  except  for  the  use  of  a  Complainant  employee 
or  other  public  agency.  [Every  employer  subject  to  this 
subtitle  shall  be  required  to  give  to  every  employee,  whose 
wages  are  regulated  herein,  a  statement  each  pay  period 
clearly  showing  such  employee's  gross  earnings  and  itemized 
deductions  therein.] 

(b)      "Every  employer  subject  to  this  subtitle  shall 

(1)  Notify  his  employees  at  the  time  of  hiring  of  their 
respective  rates  of  pay,  and  of  the  regular  payday  desig- 
nated by  the  employer. 

(2)  Notify  his  employees  of  any  changes  in  the  pay 
rates  or  payday  at  least  one  pay  period  prior  to  the  change. 

(3)  Furnish  each  employee  with  a  statement  each  pay 
period  which  shall,  in  each  instance,  clearly  show  the  gross 
earnings  and  itemized  deductions,  hours  worked  and  rate  of 
pay. 

(4)  No  employer  shall  withhold  any  part  of  the  wages 
or  salary  of  any  employee  except  for  those  deductions  in 
accordance  with  law  without  written  and  signed  authoriza- 
tion of  the  employee/' 

[58.]     59.     Posting  of  Summary  of  the  Act. 

Every  employer  subject  to  this  subtitle  shall  keep  a 
summary  of  this  subtitle,  furnished  by  the  Commission 
without  charge,  posted  in  a  conspicuous  place  on  or  about 
the  premises  wherein  any  person  subject  to  this  subtitle  is 
employed. 

£56.]     60.     Complaints. 

(a)  Filing — Any  person  claiming  to  be  aggrieved  by  an 
alleged  payment  of  a  wage  of  a  lesser  amount  than  required 
by  this  subtitle  may  by  himself,  or  his  attorney,  within  one 
year  after  the  occurrence  of  the  alleged  unlawful  act,  make, 
sign,  and  file  with  the  Commission  a  complaint  in  writing, 
under  oath.  The  complaint  shall  state  the  name  and  address 


ORDINANCES  573 

of  the  employer  alleged  to  have  paid  the  unlawful  wage 
(hereinafter  referred  to  as  the  respondent)  and  the  par- 
ticulars thereof  and  contain  such  other  information  as  may 
be  required  by  the  Commission.  The  Commission  shall  have 
the  right,  acting  upon  its  own  initiative  and  without  any 
complaint  from  an  employee,  to  file  a  complaint  against  an 
employer  whenever  the  Commission  has  reasonable  cause  to 
believe  that  such  employer  is  or  has  been  in  violation  of  the 
provisions  of  this  subtitle. 

(b)  Investigation;  agreements — After  the  filing  of  any 
such  complaint,  either  by  a  person  claiming  to  be  aggrieved 
as  set  forth  in  (a)  above  or  by  the  Commission,  the  Com- 
mission shall  investigate  the  facts  alleged  therein;  and  shall 
make  a  finding  of  probable  cause  for  the  said  complaint  or 
lack  of  it.  If  the  finding  of  the  Commission  is  that  the  com- 
plaint lacks  probable  cause  then  it  shall  dismiss  said  com- 
plaint and  mail  copies  of  its  finding  to  respondent  and 
complainant.  If  the  Commission  finds  probable  cause  for  the 
complaint,  the  Commission  shall  attempt,  by  means  of  con- 
ference, to  persuade  respondent  to  cease  and  desist  its 
illegal  action  and  to  commence  paying  complainant  such 
lawful  wages  as  are  required  by  this  subtitle,  and  to  reim- 
burse complainant  for  the  difference  between  what  he  had 
been  receiving  as  wages  and  what  he  should  have  lawfully 
received.  Any  such  agreement  reached  between  respondent 
and  the  Commission  shall  be  reduced  to  writing  and  a  copy 
thereof  furnished  to  complainant  and  respondent. 

(c)  If  the  Commission  and  the  Respondent  shall  fail 
to  reach  agreement  or  the  Respondent  shall  fail  to  meet  his 
obligations  under  such  agreement  within  thirty  (30)  days 
thereof,  or  within  such  other  time  as  may  be  specified 
therein,  the  Commission  shall  make  such  final  order  in  the 
proceedings  as  it  deems  appropriate  to  require  the  payment 
of  all  wages  due  the  Respondent's  employees  hereunder  and 
to  direct  the  cessation  of  all  practices  by  the  Respondent 
which  are  contrary  to  the  provisions  of  this  subtitle  and/or 
rules  and  regulations  of  the  Commission.  A  copy  of  such 
order  shall  be  furnished  the  Respondent  by  registered  mail 
within  three  (3)  days  of  its  passage. 

(d)  If,  within  thirty  (30>  days  of  the  passage  of  such 
order,  the  Respondent  shall  have  failed  to  comply  therewith, 


574  ORDINANCES  Onl.  No.  778 

the  [Minimum]  Wage  Commission  may  certify  such  pro- 
ceedings to  the  City  Solicitor  and  request  that  he  petition 
the  Circuit  Court  for  Baltimore  City  to  enforce  the  said 
order  and  direct  payment  to  the  aggrieved  employee.  Pro- 
vided, however,  that  each  Respondent  in  every  proceeding 
hereunder  shall  have  a  right  to  appeal  the  Commission's 
order,  within  thirty  (30)  days  of  the  passage  thereof  to  the 
Circuit  Court  for  Baltimore  City. 

(59.]     61.     Crimes  and  Penalties. 

(a)  It  shall  be  unlawful  for  any  employer  to  discharge 
or  reduce  the  compensation  of  any  employee  for  making  a 
complaint  to  the  [Minimum]  Wage  Commission,  partici- 
jxating  in  any  of  its  proceedings  or  availing  himself  of  any 
of  the  civil  remedies  provided  herein.  In  such  a  case  the 
[Minimum]  Wage  Commission  may,  pursuant  to  the  pro- 
cedures provided  in  Section  60  hereof,  order  appropriate 
restitution  or  the  reinstatement  of  such  employee  with 
backpay  to  the  date  of  violation. 

(b)  It  shall  be  unlawful  for  any  employee  to  make  any 
groundless,  unfounded  or  malicious  complaint  to  the  Com- 
mission or  in  bad  faith  institute  or  testify  in  any  pro- 
ceeding before  the  Commission  under  the  provisions  hereof. 

(c)  It  shall  be  unlawful  for  any  employer  to  wilfully 
fail  to  keep  any  of  the  records  required  herein  or  to  fail 
to  make  them  available  to  the  [Minimum]  Wage  Commis- 
sion or  its  representative  upon  request. 

(d)  It  shall  be  unlawful  for  any  employer  to  wilfully 
disregard  the  requirements  set  for  minimum  wages  in  Sec- 
tion 55(a)  or  wilfully  violate  the  Rules  and  Regulations  of 
the  Commission  in  any  manner  which  causes  a  prohibited 
underpayment  of  wages. 

(e)  Any  employer  who  violates  the  provisions  of  Sec- 
tions 55,  56  and/or  57  -of  this  subtitle  shall  be  liable  to  the 
employee  or  employees  affected  in  the  amount  of  their  un- 
paid minimum  ivages,  wages  due  or  overtime  compensation 
as  the  case  may  be  and  an  additional  amount  of  six  percent 
(6(/o)  interest  on  unpaid  minimum  wages,  wages  due  or 
overtime  compensation.  Any  sums  recovered  by  the  Wage 
Commission  fo-r  Baltimore  City  and  not  paid  to  the  em- 


ORDINANCES  575 

ployee  because  of  inability  to  locate  said  employee  within  a 
period  of  one  year  shall  be  paid  into  the  Treasury  of  the 
City  of  Baltimore.  Furthermore,  any  employer  who  violates 
this  subtitle  shall  forfeit  and  pay  to  the  City  of  Baltimore  a 
penalty  in  the  amount  of  Fifty  Dollars  ($50.00)  for  each 
violation  for  a  first  offense;  Two  Hundred  Fifty  Dollars 
($250.00)  for  each  violation  for  a  second  offense;  and  Five 
Hundred  Dollars  ($500.00)  for  each  violation  thereafter. 

f60.]     62.     Employees'  Remedies. 

Nothing  contained  in  this  subtitle  shall  be  in  any  way 
construed  to  limit  or  abridge  any  rights  possessed  by  any 
employee  at  common  law,  by  statute  or  by  ordinance  to 
bring  a  civil  action  to  redress  underpayments  of  wages.  Any 
employee  who  is  aggrieved  by  underpayments  or  other  vio- 
lations of  this  subtitle  shall  be  entitled  to  bring  such  an 
action,  and  to  recover  therein  such  costs  and  reasonable 
counsel  fees  as  the  Court  may  allow.  Any  agreement  be- 
tween such  employee  and  his  employer  to  work  for  less  than 
the  minimum  wage  prescribed  therein  is  invalid  and  shall 
be  no  defense  to  such  action.  Proceedings  before  the  [Mini- 
mum] Wage  Commission  shall  not  be  considered  a  pre- 
condition to  such  civil  action. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  [October  1, 1975]  July  1, 1978. 

Approved  June  16,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  779 
(Council  No.  1611) 

An  Ordinance  to  amend  the  Urban  Renewal  Plan  for  the 
University  of  Maryland,  Baltimore  Campus,  Project  No. 
II,  which  Plan  was  originally  approved  by  Ordinance  No. 
913,  dated  July  3, 1961,  to,  among  other  things,  (1)  permit 
the  United  States  Veterans  Administration  to  develop  a 
hospital   in   the   project   area;    (2)    subdivide    the   area 


576  ORDINANCES  Ord.  No.  779 

bounded  by  Fayette  Street,  Baltimore  Street,  the  former 
bed  of  Arch  Street,  and  Greene  Street,  and  establish 
specific  regulations,  controls  and  restrictions  for  the 
development  of  this  land;  (3)  change  the  land  use  of  a 
portion  of  said  area  from  Public  (Educational)  to  a  newly 
created  classification,  Public  Hospital  and  Related  Facili- 
ties; (4)  establish  air  rights  over  Baltimore  Street 
between  Greene  Street  and  the  former  bed  of  Arch  Street ; 
(5)  increase  the  maximum  permitted  coverage  on  a  por- 
tion of  land  in  the  project  area;  (6)  revise  certain  exhibits 
attached  to  the  Renewal  Plan  to  reflect  the  changes  pro- 
vided therein;  (7)  waive  such  requirements,  if  any,  as  to 
content  or  procedure  for  the  preparation,  adoption  and 
approval  of  renewal  plans  as  set  forth  in  Ordinance  No. 
152,  approved  June  28,  1968,  as  amended  to  date,  which  the 
Renewal  Plan  for  the  University  of  Maryland,  Baltimore 
Campus,  Project  No.  II,  may  not  meet;  (8)  provide  for  the 
separability  of  the  various  parts  and  applications  of  this 
ordinance;  (9)  provide  that  where  the  provisions  of  this 
ordinance  shall  conflict  with  any  other  ordinance,  code, 
or  regulation,  the  provision  which  establishes  the  higher 
standard  shall  prevail;  and  (10)  provide  for  the  effective 
date  hereof. 

Whereas,  the  Urban  Renewal  Plan  for  the  University  of 
Maryland,  Baltimore  Campus,  Project  No.  II,  was  approved 
by  the  Mayor  and  City  Council  of  Baltimore  by  Ordinance 
No.  913,  dated  July  3,  1961,  and  last  amended  by  Ordinance 
No.  980,  dated  August  14,  1975;  and 

Whereas,  pursuant  to  Section  26,  Article  13  of  the  Balti- 
more City  Code  (1966  Edition)  as  amended  to  date,  no  sub- 
stantial change  or  changes  shall  be  made  in  any  renewal  plan, 
after  approval  by  ordinance,  without  such  change  or  changes 
first  being  adopted  and  approved  in  the  same  manner  as  set 
forth  in  said  Section  26  for  the  approval  of  a  renewal  plan, 
namely  the  pi'eparation  of  such  change  or  changes  by  the 
Department  of  Housing  and  Community  Development,  the 
approval  of  such  change  or  changes  by  the  Director  of  the 
Department  of  Planning,  and  approval  and  adoption  by  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore  after 
a  public  hearing  in  relation  thereto,  all  in  the  manner  set 
forth  in  said  Section  26 ;  and 


ORDINANCES  577 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  list  of  changes  to  the  Renewal 
Plan  for  the  University  of  Maryland,  Baltimore  Campus, 
Project  No.  II,  dated  March  20,  1978 ;  and 

Whereas,  Amendment  No.  3  to  the  Renewal  Plan  for  the 
University  of  Maryland,  Baltimore  Campus,  Project  No.  II, 
has  been  approved  by  the  Director  of  the  Department  of 
Planning  on  April  19,  1978  with  respect  to  the  Master  Plan, 
the  detailed  location  of  any  public  improvements  proposed  in 
the  amended  Renewal  Plan,  its  conformity  to  the  rules 
and  regulations  for  subdivisions,  and  its  conformity  to  exist- 
ing zoning  classifications ;  and  said  Amendment  No.  3  to  the 
Renewal  Plan  has  been  approved  and  recommended  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Commissioner 
of  the  Department  of  Housing  and  Community  Development 
on  April  20,  1978 ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Coimcil 
of  Baltimore,  That  the  following  amendments  and  changes 
to  the  Renewal  Plan  for  the  University  of  Maryland,  Balti- 
more Campus,  Project  No.  II,  having  been  duly  reviewed 
and  considered,  are  hereby  approved,  and  the  Clerk  of  the 
City  Council  is  hereby  directed  to  file  a  copy  of  said  Renewal 
Plan  revised  to  include  Amendment  No.  3,  dated  March  20, 
1978,  with  the  Department  of  Legislative  Reference  as  a 
permanent  public  record  and  make  the  same  available  for 
public  inspection  and  information. 

1.  On  Page  1,  Table  of  Contents,  under  the  section  en- 
titled "Permitted  Uses",  add  a  new  subsection  C.2.b.(4), 
page  3,  entitled  "Public  Hospital  and  Related  Facilities". 

2.  On  Page  1,  Table  of  Contents,  under  the  section  en- 
titled "Exhibits",  change  the  dates  of  Exhibits  Nos.  2  and 
5  from  "5/15/75"  to  "3/20/78". 

3.  On  Page  2,  Section  C.I.,  entitled  "Land  Use  Map",  line 
2,  delete  the  word  "and"  before  the  date  "May  15,  1975"  and 
insert  after  that  date  ",  and  March  20,  1978". 

4.  On  Page  3,  Section  C.2.b.,  entitled  "Permitted  Uses", 
add  a  new  subsection  C.2.b.(4)  as  follows: 

"(4)     Public  Hospital  and  Related  Facilities 


578  ORDINANCES  Ord.  No.  779 

All  uses  that  are  applicable  to  the  overall  operation  of  a 
hospital. " 

5.  On  Page  4,  under  Section  C.2.c.(l),  entitled  "General 
Provisions",  subsection  (d),  delete  the  word  "and"  after  the 
date  "November  15,  I960"  in  the  fourth  line;  delete  the 
word  "and"  before  the  date  "May  15,  1975",  and  add  "and 
March  20,  1978"  after  that  date  in  the  fifth  line ;  delete  both 
words  "and"  in  the  seventh  line;  and  add  "and  March  20, 
1978"  after  "1975"  in  the  eighth  line. 

6.  On  Page  4,  under  Section  C.2.b.(l),  entitled  "General 
Provisions",  subsection  (e),  insert  "With  the  exception  of 
Lot  No.  1A"  before  the  words  "Off-street"  in  the  first  line. 

7.  On  Page  5,  Section  C.2.c.(2),  entitled  "Regulations, 
Controls  and  Restrictions  for  Disposition  Lots",  add  the 
following  new  subsections  (a)  and  (b) : 

"(a)     Disposition  Lot  1A 

i.     General  Use:  Public  Hospital  and  Related  Facilities 

ii.  Maximum  Permitted  Coverage:  90%.  Special  permis- 
sion is  required  for  any  coverage  of  easement  areas  from  the 
Department  of  Public  Works  and  the  Department  of  Hous- 
ing and  Community  Development. 

iii.     Minimum  Required  Setbacks:  None. 

iv.     Maximum  Permitted  Height:  250  feet. 

v.  Off-Street  Parking  Requirement:  One  space  per  2000 
square  feet  of  gross  floor  area  and  180  square  feet  per  park- 
ing space. 

"vi.  Air  Rights:  Air  space  shall  be  provided  for  an 
elevated  passageway  between  the  north  side  and  south  side 
of  Baltimore  Street.  This  passageway  shall  not  be  less  than 
16  feet  above  the  paved  surface  of  Baltimore  Street,  not  more 
than  22  feet  wide,  and  not  more  than  21  feet  high.  It  shall 
be  located  on  the  area  between  Greene  Street  and  the  former 
bed  of  Arch  Street  with  provisions  for  placing  the  passage- 
ways' supports  within  the  right-of-way  of  Baltimore  Street 
between  the  curb  line  and  the  building  line  or  right-of-way 
line  on  either  side. 

"(b)     Disposition  Lot  IB 

A  utility  easement  area  on  public  educational  land.  De- 
velopment is  limited  to  access  roadways,  off-street  parking 
and  landscaping." 


ORDINANCES  579 

8.  On  Page  5,  under  Section  C.2.c.(2),  entitled  "Regula- 
tions, Controls  and  Restrictions  for  Disposition  Lots",  change 
the  present  subsection  "(a)"  to  "(c)"  and  delete  the  refer- 
ence to  Disposition  Lot  "1",  so  that  it  now  reads:  "(c)  Dispo- 
sition Lots  2  and  3";  change  the  "Maximum  Permitted 
Coverage"  under  subsection  ii.,  from  "40%"  to  "55%". 

9.  On  Pages  5  and  6,  under  Section  C.2.c.(2),  entitled 
"Regulations,  Controls  and  Restrictions  for  Disposition 
Lots",  change  the  present  subsection  "(b)"  to  "(d)"  (page 
5),  and  change  the  present  subsection  "(c)"  to  "(e)"  (page 
6). 

10.  On  Page  6,  Section  D.l.a.(2),  entitled  "Public  Facili- 
ties and  Improvements",  add  the  following  after  the  word 
"Maryland"  in  the  third  line: 

",  and/or  the  development  of  a  Veterans  Administration 
Hospital." 

11.  On  Page  7,  under  Section  D.2.,  entitled  "Conserva- 
tion", change  the  following: 

a.  Subsection  D.2.a.(l)  should  read  "(1)  Setbacks,  C.2.c. 
(2)(c)iii." 

b.  Subsection  D.2.a.(2)  should  read  "(2)  Building  height, 
C.2.c.(2)(c)iv." 

c.  Subsection  D.2.b.(l)  should  read  "(1)  Setbacks,  C.2.c. 
(2)(c)iii." 

d.  Subsection  D.2.b.(2)  should  read  "(2)  Building  height, 
C.2.c.(2)(c)iv." 

Sec.  2.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  the  University  of  Maryland,  Baltimore  Campus,  Project 
No.  II,  may  not  meet  the  requirements  as  to  the  content  of 
a  Renewal  Plan  or  the  procedures  for  the  preparation, 
adoption,  and  approval  of  Renewal  Plans,  as  provided  in 
Ordinance  No.  152,  approved  June  28,  1968,  as  amended  to 
date,  the  said  requirements  are  hereby  waived  and  the 
amended  Renewal  Plan  approved  hereby  is  exempted  there- 
from. 


580  ORDINANCES  Ord.  No.  780 

Sec.  3.  And  be  it  further  ordained,  That  in  the  event  it  be 
judicially  determined  that  any  word,  phrase,  clause,  sen- 
tence, paragraph,  section  or  part  in  or  of  this  ordinance  or 
the  application  thereof  to  any  person  or  circumstances  is 
invalid,  the  remaining  provisions  and  the  application  of  such 
provisions  to  other  persons  or  circumstances  shall  not  be 
affected  thereby,  the  Mayor  and  City  Council  hereby  declar- 
ing that  they  would  have  ordained  the  remaining  provisions 
of  this  ordinance  without  the  word,  phrase,  clause,  sentence, 
paragraph,  section  or  part  or  the  application  thereof  so  held 
invalid. 

Sec.  4.  And  be  it  further  ordained,  That  in  any  case  where 
a  provision  of  this  ordinance  concerns  the  same  subject 
matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable  con- 
flict, the  provision  which  establishes  the  higher  standard  for 
the  promotion  of  the  public  health  and  safety  shall  prevail. 
In  any  case  where  a  provision  of  this  ordinance  is  found  to 
be  in  conflict  with  an  existing  provision  of  any  other  ordi- 
nance or  code  or  regulation  in  force  in  the  City  of  Baltimore 
which  establishes  a  lower  standard  for  the  promotion  and 
protection  of  the  public  health  and  safety,  the  provision  of 
this  ordinance  shall  prevail,  and  the  other  existing  provision 
of  such  other  ordinance  or  code  or  regulation  is  hereby  re- 
pealed to  the  extent  that  it  may  be  found  in  conflict  with  this 
ordinance. 

Sec.  5.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  16,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  780 
(Council  No.  1512) 


An  Ordinance  to  approve  the  Application  of  Northwest 
Plaza  Associates,  owner  of  the  property  northwest  of 


ORDINANCES  581 

the  intersection  of  Northern  Parkway  and  Wabash  Ave- 
nue, consisting  of  24.20  acres  more  or  less,  to  have  said 
property  designated  a  Business  Planned  Development  in 
accordance  with  Sections  12.0-1  and  12.0-4  of  Article  30 
of  the  Baltimore  City  Code  (1966  Edition)  as  amended  by 
Ordinance  1051,  approved  April  20,  1971,  as  amended; 
and  to  approve  the  Development  Plan  submitted  by 
Northwest  Plaza  Associates,  subject  to  the  condition 
CONDITIONS  that  the  development  of  the  drive-in  res- 
taurant shown  on  the  Development  Plan  shall  be  sub- 
stantially complete  within  one  year  AND  IT  WILL 
MATCH  THE  BEIGE  COLOR  OF  THE  EXISTING 
CENTER,  ALL  FREE  STANDING  SIGNS  SHALL  BE 
APPROVED  BY  THE  PLANNING  COMMISSION, 
AND  MODIFICATIONS  TO  THE  PLAN  SHALL  BE 
MADE  IN  CONFORMITY  WITH  URBAN  RENEWAL 
PROCEDURE  AND  THE  ZONING  CODE. 

Whereas,  on  March  16, 1978,  Northwest  Plaza  Associates 
met  with  the  Department  of  Planning,  of  Baltimore  City, 
to  hold  a  Pre-Petition  Conference  to  explain  the  scope  and 
nature  of  existing  and  proposed  development  on  the  prop- 
erty in  order  to  institute  proceedings  to  have  said  property 
designated  a  Business  Planned  Development;  and 

Whereas,  Northwest  Plaza  Associates  hereby  makes 
formal  application  to  the  City  Council  of  Baltimore  City 
and  together  herewith  has  submitted  the  requisite  Devel- 
opment Plan,  including  the  following:  Site  plan,  Drawing 
DP-1,  revised  March  15, 1978 ;  Grading  Plan,  Drawing  GP-1, 
revised  March  15,  1978;  Development  Plan  for  Wendy's 
Restaurant,  revised  March  10,  1978;  Vestibule  Plan  for 
Wendy's  Restaurant,  Drawing  4A,  revised  May  16,  1977; 
Exterior  Elevations  for  Wendy's  Restaurant,  Drawing  5, 
revised  May  16,  1977;  and  Sign  Criteria,  March  15,  1978, 
intended  to  satisfy  the  requirements  specified  in  Sections 
12.0-1  and  12.0-4  of  Article  30  of  Baltimore  City  Code  (1966 
Edition)  as  amended  by  Ordinance  1051,  approved  April 
20,  1971,  as  amended;  and 

Whereas,  Northwest  Plaza  Associates  in  requesting  the 
introduction  of  this  bill  signifies  its  intention  to  implement, 
institute  and  substantially  complete  the  development  of  the 
proposed  drive-in  restaurant  in  accordance  with  the  De- 


582  ORDINANCES  Ord.  No.  780 

velopment  Plan  within  one  year  from  the  passage  of  this 
ordinance;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Application  of  Northwest  Plaza 
Associates,  owner  of  the  property  northwest  of  the  inter- 
section of  Northern  Parkway  and  Wabash  Avenue,  con- 
sisting of  23.88  acres,  more  or  less,  as  outlined  in  the 
Development  Plan  accompanying  this  ordinance,  to  desig- 
nate said  property  as  a  business  planned  development  pur- 
suant to  Article  30,  Sections  12.0-1  and  12.0-4  of  the  Balti- 
more City  Code  (1966  Edition),  as  amended  by  Ordinance 
1051,  approved  April  20,  1971,  as  amended,  be  and  it  is 
hereby  approved. 

Sec.  2.  And  be  it  further  ordained,  That  the  Development 
Plan  (as  scheduled  in  the  recital  paragraph  of  this  ordi- 
nance) submitted  by  Northwest  Plaza  Associates,  attached 
hereto  and  made  a  part  hereof,  be  and  it  is  hereby  approved. 

Sec.  3.  And  be  it  further  ordained,  Except  as  provided 
in  Sections  4,  5  and  6  of  this  ordinance,  that  in  accordance 
with  the  provisions  of  Section  12.0-4(a),  the  following  uses 
are  permitted  within  the  Planned  Business  Development: 
(a)  all  uses  presently  permitted  in  the  B-l  and  B-2  districts 
(Section  6.1-1  (b)  and  6.2-1  (b)),  and  such  additional  uses 
as  shall  in  the  future  be  permitted  in  the  B-l  and  B-2  dis- 
tricts, and  (b)  fire  and  police  stations,  pool  halls  and 
billiard  parlors,  automobile  accessory  stores  including  re- 
pair and  installation,  motor  vehicle  sales  and  service  in- 
cluding outdoor  sales,  restaurants  and  lunchrooms  including 
live  entertainment  and  dancing,  and  union  halls. 

Sec.  4.  And  be  it  further  ordained,  That  notwithstand- 
ing the  provisions  of  Section  3  of  this  ordinance,  those 
portions  of  the  Planned  Business  Development  shown  on 
the  Development  Plan  as  outdoor  sales  areas  may  continue 
to  be  used  for  outdoor  sales  or  may  be  improved  for  use 
in  accordance  with  Section  3  of  this  ordinance,  and  the 
area  shown  on  the  Development  Plan  as  an  automobile 
service  station  may  continue  to  be  used  for  that  purpose 
or  improved  for  use  in  accordance  with  Section  3  of  this 
ordinance. 


ORDINANCES  583 

Sec.  5.  And  be  it  further  ordained,  That  notwithstand- 
ing the  provisions  of  Section  3  of  this  ordinance,  in 
accordance  with  the  provisions  of  Section  12.0-4  (a)  (3), 
permission  is  hereby  granted  for  the  establishment,  main- 
tenance and  operation  of  a  free  standing  structure  for 
drive-in  sale  of  goods  and  services  not  larger  than  6  feet  x 
12  feet  as  shown  on  the  Development  Plan. 

Sec.  6.  And  be  it  further  ordained,  That  in  accordance 
with  Section  12.0-4 (a) 3,  permission  is  hereby  granted  for 
the  establishment,  maintenance  and  operation  of  a  drive-in 
restaurant  as  shown  on  the  Development  Plan,  notwith- 
standing the  provisions  of  Section  3  of  this  Ordinance, 
SUBJECT  TO  THE  CONDITION  THAT  THE  DRIVE-IN 
RESTAURANT  WILL  MATCH  AS  CLOSELY  AS  POS- 
SIBLE THE  BEIGE  COLOR  OF  THE  EXISTING 
CENTER. 

Sec.  7.  And  be  it  futher  ordained,  That  Northwest  Plaza 
Associates  will  use  its  best  efforts  to  insure  that  all  new 
signs  for  all  tenants  of  the  Business  Planned  Development, 
except  to  the  extent  otherwise  provided  by  existing  leases, 
will  be  in  accordance  with  the  sign  criteria,  a  copy  of 
which  is  appended  to  the  Development  Plan  AND  WILL 
BE  APPROVED  BY  THE   PLANNING  COMMISSION. 

Sec.  8.  And  be  it  further  ordained,  That  in  addition  to 
existing  signs,  and  in  addition  to  signs  shown  on  the  site 
plan  for  Wendy's  Restaurant,  a  free  standing  double  faced 
sign,  not  exceeding  140  feet  of  surface  area  on  each  face, 
and  not  exceeding  36  feet  in  height,  shall  be  permitted  on 
Northern  Parkway,  provided  that  the  design  of  such  sign 
shall  be  submitted  for  review  to  the  Planning  Commission, 
and  provided  further  that  such  sign  shall  not  flash,  blink 
or  rotate. 

Sec.  9.  And  be  it  further  ordained,  That  upon  passage 
of  this  Ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  Development  Plan  which  is  a  part  hereof 
and  in  order  to  give  notice  to  the  departments  which  are 
administering  the  zoning  ordinance,  the  President  of  the 
City  Council  shall  sign  the  Development  Plan,  and  when 
the  Mayor  approves  the  ordinance,  he  shall  sign  the  De- 


584  ORDINANCES  Ord.  No.  781 

velopment  Plan.  The  City  Treasurer  shall  then  transmit  a 
copy  of  the  ordinance  and  the  Development  Plan  to  the 
Board  of  Municipal  and  Zoning  Appeals,  the  Planning 
Commission  and  the  Zoning  Administration. 

Sec.  10.  And  be  it  further  ordained,  That  this  Ordinance 
is  passed  on  the  condition  that  the  Northwest  Plaza  As- 
sociates shall  implement  or  cause  to  be  implemented,  ex- 
ecuted and  substantially  completed  the  development  of  the 
proposed  drive-in  restaurant  in  accordance  with  the  De- 
velopment Plan  within  one  year  from  the  passage  of  this 
ordinance;  it  being  understood  and  agreed  that  the  Planning 
Department  of  the  City  of  Baltimore  shall  seek  performance 
of  Northwest  Plaza  Associates'  undertakings  hereunder. 

SEC.  11.  AND  BE  IT  FURTHER  ORDAINED,  THAT 
MODIFICATIONS  TO  THE  DEVELOPMENT  PLAN 
WILL  BE  REVIEWED  UNDER  THE  EXISTING  URBAN 
RENEWAL  PROCESS  AS  WELL  AS  SECTION  12.0-1 
OF  THE  ZONING  CODE. 

Sec.  i4r  12.  And  be  it  further  ordained,  That  this  ordi- 
nance shall  take  effect  thirty  (30)  days  from  the  date  of  its 
passage. 

Approved  June  23,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  781 
(Council  No.  1576) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Char- 
ter, all  of  the  interest  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  that  parcel  of  land  known  as  surplus 
fire  station,  220-224  W.  Saratoga  Street,  Block  578,  Lot 
9,  Baltimore,  Maryland,  said  property  being  no  longer 
needed  for  public  use. 


ORDINANCES  585 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be  and 
he  is  hereby  authorized  to  sell  at  either  public  or  private 
sale  in  accordance  with  Article  V,  Section  5(b)  of  the  City 
Charter,  all  of  the  interest  of  the  Mayor  and  City  Council 
of  Baltimore  in  and  to  that  parcel  of  land  situate  in 
Baltimore,  Maryland,  and  described  as  follows: 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  north  side  of  Saratoga  Street,  as  now 
laid  out  and  the  west  side  of  Tyson  Street,  as  now  laid 
out,  said  point  of  beginning  being  the  beginning  of  the 
parcel  of  land  conveyed  by  Mary  Luthardt  to  the  Mayor 
and  City  Council  of  Baltimore  by  deed  dated  September 
19,  1902  and  recorded  among  the  Land  Records  of  Balti- 
more City  in  Liber  R.O.  No.  1978  Folio  125  and  running 
thence  binding  in  part  on  the  first  line  of  the  parcel  of 
land  described  in  said  deed,  in  part  on  the  last  line  of  the 
parcel  of  land  conveyed  by  Edmund  Pendleton  "et  al"  to 
the  Mayor  and  City  Council  of  Baltimore  by  deed  dated 
September  11,  1902  and  recorded  among  the  said  Land 
Records  in  Liber  R.O.  No.  1978  Folio  132,  and  in  all,  on 
the  north  side  of  said  Saratoga  Street,  Westerly  50  feet 
to  the  east  side  of  a  12  foot  alley,  laid  out  105  feet  east  of 
Howard  Street,  as  now  laid  out; 

thence  binding  on  the  east  side  of  said  12  foot  alley  and 
on  the  first  line  of  the  parcel  of  land  described  in  last  said 
deed,  there  situate,  Northerly  80  feet;  thence  binding  in 
part  on  the  second  line  of  the  parcel  of  land  described  in 
last  said  deed,  in  part  on  the  third  line  of  the  parcel  of 
land  described  in  the  deed  mentioned  firstly  herein,  and  in 
all,  Easterly  50  feet  to  the  west  side  of  said  Tyson  Street 
and  thence  binding  on  the  west  side  of  said  Tyson  Street 
and  on  the  last  line  of  the  parcel  of  land  described  in  the 
deed  mentioned  firstly  herein,  Southerly  80  feet  to  the 
place  of  beginning.  Containing  4,000  square  feet,  or  0.09 
acre  of  land,  more  or  less,  and  being  Surplus  Fire  Station, 
220-224  W.  Saratoga  Street,  Block  578,  Lot  9.  Said  prop- 
erty being  no  longer  needed  for  public  use. 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 


586  ORDINANCES  Ord.  No.  782 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  23,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  782 
(Council  No.  1348) 

An  Ordinance  granting  permission  to  Allright  Baltimore, 
Inc.  for  the  establishment,  maintenance  and  operation  of 
an  open  area  for  the  parking  of  motor  vehicles  on  the 
property  known  as  906  Morton  Street,  as  outlined  in  red 
on  the  plats  accompanying  this  ordinance,  under  the 
provisions  of  Section  9.0-3d  of  Article  30  of  the  Baltimore 
City  Code  (1966  Edition),  title  "Zoning  Ordinance," 
(Ordinance  1051,  approved  April  20,  1971)  concern- 
ing Parking  lot  districts. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  be  and  the  same  is  hereby 
granted  to  Allright  Baltimore,  Inc.  for  the  establishment, 
maintenance  and  operation  of  an  open  area  for  the  parking 
of  motor  vehicles  on  the  property  known  as  906  Morton 
Street  as  outlined  in  red  on  the  plats  accompanying  this 
ordinance,  under  the  provisions  of  Section  9.0-3d  of  Article 
30  of  the  Baltimore  City  Code  (1966  Edition) ,  title  "Zoning 
Ordinance,"  (Ordinance  1051,  approved  April  20,  1971) 
concerning  parking  lot  districts. 

SEC.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following:  The  Board  of  Municipal  and  Zoning  Appeals, 


ORDINANCES  587 

the  Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development,  the  Commis- 
sioner of  Transit  and  Traffic,  and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  the  provisions 
of  the  aforesaid  Section  9.0-3d  of  Article  30  of  the  Balti- 
more City  Code  (1966  Edition),  title  "Zoning  Ordinance" 
as  enacted  by  Ordinance  1051,  approved  April  20,  1971, 
shall  be  fully  complied  with. 

Sec.  4.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  783 
(Council  No.  1411) 

An  Ordinance  granting  permission  to  the  Alpha  House 
Foundation,  Inc.  for  the  establishment  of  a  non-profit 
home  for  the  rehabilitation  of  non-bedridden  alcoholic 
persons  on  the  property  generally  known  as  309  Cathedral 
Street,  under  the  provisions  of  Sections  6.4-ld  and 
11.0-6-d  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning,"  as  ordained  by  Ordinance  1051, 
approved  April  20,  1971,  subject  to  the  condition  of  con- 
tinuing certification  by  the  State  of  Maryland  Division 
of  Alcoholism  Control. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  is  hereby  granted  to  Alpha 
House  Foundation,  Inc.,  for  the  establishment  of  a  non- 
profit home  for  the  rehabilitation  of  non-bedridden  alco- 
holic persons,  on  the  property  generally  known  as  309 
Cathedral  Street,  under  the  provisions  of  Sections  6.4-ld 
and  11.0-6d  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning,"  as  ordained  by  Ordinance  1051, 
approved  April  20,  1971,  subject  to  the  condition  of  con- 


588  ORDINANCES  Ord.  No.  784 

tinuing  certification  by  the  State  of  Maryland  Division  of 
Alcoholism  Control. 

Sec.  2.  And  be  it  further  ordained,  That  whenever  the 
continuous  operation  of  such  use  has  been  discontinued  for 
a  period  of  twelve  (12)  consecutive  months,  it  shall  not 
be  thereafter  re-established  unless  a  new  ordinance  is  ap- 
proved by  the  Mayor  and  City  Council  of  Baltimore;  and 
that  no  advertising  sign  or  device  shall  be  displayed  except 
as  permitted  by  the  Zoning  Code  of  Baltimore  City. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  30  days  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  784 
(Council  No.  1599) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  72  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and 
sell  its  Certificates  of  Indebtedness  to  an  amount  not 
exceeding  six  million  dollars  ($6,000,000.00),  the  pro- 
ceeds derived  from  the  sale  of  the  same  to  be  used  for 
the  cost  of  issuance,  including  the  expense  of  engraving, 
printing,  advertising,  attorneys'  fees,  and  all  other  inci- 
dental expenses  connected  therewith,  and  the  remainder 
of  such  proceeds  shall  be  used  to  make  or  contract  to  make 
financial  loans  to  any  person  or  other  legal  entity  to  be 
used  for  or  in  connection  with  the  purchase,  acquisition, 
construction,  erection,  development,  rehabilitation,  reno- 
vation, modernization  or  improvement  of  buildings  or 
structures,  including  any  land  necessary  therefor,  within 
the  boundaries  of  Baltimore  City,  which  buildings  or 
structures  are  to  be  used  or  occupied  for  residential  pur- 
poses; to  guarantee  or  insure  financial  loans  made  by 
third  parties  to  any  person  or  other  legal  entity  which 


ORDINANCES  589 

are  to  be  used  for  or  in  connection  with  the  purchase, 
acquisition,  construction,  erection,  development,  rehabili- 
tation, renovation,  modernization,  or  improvement  of 
buildings  or  structures,  including  any  land  necessary 
therefor,  within  the  boundaries  of  Baltimore  City,  which 
building's  or  structures  are  to  be  used  or  occupied  for 
residential  purposes,  and  for  doing  any  and  all  things 
necessary,  proper  or  expedient  in  connection  with  or  per- 
taining to  any  or  all  of  the  matters  or  things  hereinbefore 
mentioned;  conferring  and  imposing  upon  the  Commis- 
sioners of  Finance  of  Baltimore  City  certain  powers  and 
duties;  authorizing  the  submission  of  this  Ordinance  to 
the  legal  voters  of  the  City  of  Baltimore,  for  their  ap- 
proval or  disapproval,  at  the  general  election  to  be  held 
in  Baltimore  City  on  Tuesday,  the  7th  day  of  November, 
1978;  providing  that  the  financial  loans  made,  guaranteed 
or  insured  shall  be  self-supporting,  and  providing  for 
the  expenditure  of  the  proceeds  of  said  Certificates  of 
Indebtedness  in  accordance  with  the  provisions  of  the 
Charter  of  the  Mayor  and  City  Council  of  Baltimore,  and 
by  the  municipal  agency  designated  in  the  annual  Ordi- 
nance of  Estimates  of  the  Mayor  and  City  Council  of 
Baltimore. 

Whereas,  by  Chapter  72  of  the  Acts  of  the  General  As- 
sembly of  Maryland  of  1978,  the  Mayor  and  City  Council  of 
Baltimore  is  authorized  to  create  a  debt  and  to  issue  and 
sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  to  an  amount  not  exceeding 
Six  Million  Dollars  ($6,000,000.00),  in  the  manner  and 
upon  the  terms  set  forth  in  said  Act,  the  proceeds  thereof, 
not  exceeding  the  par  value  of  said  certificates  of  indebted- 
ness, to  be  used  for  or  in  connection  with  making,  guaran- 
teeing, or  insuring  financial  loans  for  the  purchase,  acquisi- 
tion, construction,  erection,  rehabilitation,  renovation,  mod- 
ernization or  improvement  of  residential  properties  in 
Baltimore  City,  as  authorized  by  said  Act;  and 

Whereas,  Funds  are  now  needed  for  said  purposes; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Balti- 


590  ORDINANCES  Ord.  No.  784 

more,  acting  by  and  through  the  Commissioners  of  Finance 
of  said  municipality,  be  and  it  is  hereby  authorized  and  em- 
powered to  issue  bonds  of  the  Mayor  and  City  Council  of 
Baltimore  to  an  amount  not  exceeding  Six  Million  Dollars 
($6,000,000.00),  from  time  to  time,  as  the  same  may  be 
needed  or  required  for  the  purposes  hereinafter  named  and 
said  bonds  shall  be  sold  by  said  Commissioners  of  Finance 
from  time  to  time  and  at  such  times  as  shall  be  requisite, 
and  the  proceeds  derived  from  the  sale  of  said  bonds  shall 
be  used  for  the  purposes  hereinafter  named,  provided  that 
this  Ordinance  shall  not  become  effective  unless  it  shall  be 
approved  by  a  majority  of  the  votes  of  the  legal  voters  of 
Baltimore  City  cast  at  the  time  and  place  hereinafter  desig- 
nated by  this  Ordinance. 

SEC.  2.  And  be  it  further  ordained,  That: 

(a)  Said  bonds  shall  be  issued  in  denominations  of  not 
less  than  One  Thousand  Dollars  ($1,000.00)  each,  but  may 
be  in  sums  of  One  Thousand  Dollars  ($1,000.00),  or  any 
suitable  multiple  thereof. 

(b)  Said  bonds,  or  any  part  thereof,  shall  be  issued  in 
accordance  with  a  serial  maturity  plan  so  worked  out  as  to 
discharge  the  entire  principal  amount  represented  thereby 
within  not  more  than  forty  (40)  years  from  the  date  of 
their  issuance;  provided,  however,  that  it  shall  not  be  neces- 
sary to  provide  for  the  maturity  of  any  part  of  the  principal 
amount  represented  by  any  of  said  bonds  for  the  first  five 
(5)  years  from  the  date  of  their  issuance. 

(c)  Said  bonds,  when  issued,  shall  bear  interest  at  such 
rate  or  rates  as  may  be  determined  by  a  majority  of  the 
Commissioners  of  Finance  by  resolution  at  such  time  or 
times  when  any  of  said  bonds  are  issued,  and  such  interest 
shall  be  payable  semi-annually. 

SEC.  3.  And  be  it  further  ordained,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  be,  and  they  are  hereby,  authorized  to  pass 
a  resolution  or  resolutions,  from  time  to  time,  to  determine 
and  set  forth  any  or  all  of  the  following: 

(a)  The  amount  of  debt  to  be  incurred  by  the  Mayor 
and  City  Council  of  Baltimore  at  any  particular  time,  and 


ORDINANCES  591 

from  time  to  time,  under  and  pursuant  to  the  provisions  of 
this  ordinance;  the  date  or  dates  when  any  bonds  repre- 
senting said  debt,  or  any  part  thereof,  are  to  mature,  and 
the  amount  or  amounts  of  said  debt,  or  any  part  thereof, 
which  shall  mature  upon  the  aforesaid  date  or  dates;  and 
the  semi-annual  dates  in  each  year,  during  the  entire  period 
of  time  when  any  of  said  bonds  are  outstanding,  when  in- 
terest on  any  of  said  bonds  shall  be  payable. 

(b)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under  the 
provisions  of  this  ordinance  at  any  particular  time,  in- 
cluding any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 
provisions,  if  any,  for  the  issuance  of  fully  registered  bonds; 
the  provisions,  if  any,  for  the  registration  as  to  principal 
of  any  coupon  bonds;  and  the  provisions,  if  any,  for  the 
conversion  and  reconversion  into  coupon  bonds  of  any  fully 
registered  bonds  or  coupon  bonds  registered  as  to  principal; 
the  place  or  places  for  the  payment  of  principal  and  interest 
of  said  bonds;  and  the  date  of  said  bonds  issued  at  any 
particular  time,  and  the  right  of  redemption  of  said  bonds 
by  the  City  prior  to  maturity;  and 

(c)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof; 
the  form,  terms  and  conditions  of  such  bids;  the  time,  place 
and  manner  of  awarding  bonds  so  bid  for,  including  the 
right  whenever  any  of  the  bonds  authorized  by  this  Ordi- 
nance are  offered  for  sale  and  sold  at  the  same  time  as  other 
bonds  of  said  City,  to  establish  the  conditions  for  bids  and 
awards  and  to  award  all  of  said  bonds  on  an  all  or  none 
basis;  and  the  time,  place,  terms  and  manner  of  settlement 
for  the  bonds  so  bid  for. 

Sec.  4.  And  be  it  further  ordained,  That:  (a)  All  premi- 
ums resulting  from  the  sale  of  any  of  the  bonds  issued  and 
sold  pursuant  to  the  provisions  of  this  Ordinance  shall  be 
applied  first  to  defray  the  cost  of  issuance  thereof  and  the 
balance,  if  any,  shall  be  applied  to  the  payment  of  interest 
on  any  of  said  bonds  becoming  due  and  payable  during  the 


592  ORDINANCES  Ord.  No.  784 

fiscal  year  in  which  said  bonds  are  issued  and  sold  or  during 
the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Ordi- 
nance, and  the  bonds  issued  and  sold  pursuant  thereto  and 
their  transfer,  and  the  principal  and  interest  payable  there- 
on (including  any  profit  made  in  the  sale  thereof),  shall  be 
and  remain  exempt  from  any  and  all  State,  county  and 
municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  provisions 
of  this  Ordinance  shall  be  sold  at  public  sale  to  the  highest 
responsible  bidder  or  bidders  therefor  after  due  notice  of 
such  sale,  but  the  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  Commissioners  of  Finance  there- 
of, shall  have  the  right  to  reject  any  or  all  bids  therefor  for 
any  reason  and  thereafter  reoffer  such  bonds  at  public  sale 
as  aforesaid  or  at  private  sale,  provided  that  if  such  bonds 
be  offered  at  private  sale  they  shall  be  offered  for  sale  and 
sold  for  not  less  than  par  and  accrued  interest. 

Sec.  5.  And  be  it  further  ordained,  That  until  all  of  the 
interest  on  and  principal  of  any  bonds  issued  pursuant  to 
the  provision  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suf- 
ficient to  produce  revenue  to  pay  all  interest  on  and  prin- 
cipal of  all  bonds  theretofore  issued  and  outstanding,  pay- 
able in  the  next  succeeding  year. 

Sec.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval,  at  the  General 
Election  to  be  held  in  Baltimore  City  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the  date 
of  the  election  hereinbefore  mentioned,  notice  shall  be  given 
to  the  public  of  the  amount  of  money  which  the  Mayor  and 
City  Council  of  Baltimore  is  authorized  to  borrow,  and  the 
general  purposes  for  which  such  borrowed  funds  may  be 
expended,  under  the  terms  and  provisions  of  this  Ordinance, 
and  the  time  when  the  election  hereinbefore  mentioned  is 


ORDINANCES  593 

to  be  held;  and  such  public  notice  shall  be  given  in  such 
manner  and  by  such  means  or  through  such  media  and  at 
such  time  or  times  as  may  be  determined,  from  time  to  time, 
by  a  majority  of  the  Commissioners  of  Finance. 

SEC.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to 
be  issued  under  the  provisions  of  this  Ordinance,  not  ex- 
ceeding the  par  value  thereof,  shall  be  used  exclusively  for 
the  following  purposes,  to  wit: 

(a)  So  much  thereof  as  may  be  necessary,  in  addition 
to  the  premiums  realized  from  the  sale,  if  any,  for  the  cost 
of  issuance,  including  the  expense  of  engraving,  printing, 
advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith;  and 

(b)  The  remainder  of  such  proceeds  to  be  used  to  make 
or  contract  to  make  financial  loans  to  any  person  or  other 
legal  entity  to  be  used  for  or  in  connection  with  the  pur- 
chase, acquisition,  construction,  erection,  development,  re- 
habilitation, renovation,  modernization  or  improvement  of 
buildings  or  structures,  including  any  land  necessary  there- 
for, within  the  boundaries  of  Baltimore  City,  which  build- 
ings or  structures  are  to  be  used  or  occupied  for  residential 
purposes;  to  guarantee  or  insure  financial  loans  made  by 
third  parties  to  any  person  or  other  legal  entity  which  are 
to  be  used  for  or  in  connection  with  the  purchase,  acquisi- 
tion, construction,  erection,  development,  rehabilitation, 
renovation,  modernization  or  improvement  of  buildings  or 
structures,  including  any  land  necessary  therefor,  within 
the  boundaries  of  Baltimore  City,  which  buildings  or  struc- 
tures are  to  be  used  or  occupied  for  residential  purposes, 
and  for  doing  any  and  all  things  necessary,  proper  or 
expedient  in  connection  with  or  pertaining  to  any  or  all  of 
the  matters  or  things  hereinbefore  mentioned. 

SEC.  9.  And  be  it  further  ordained,  That  no  part  of  the 
proceeds  of  sale  of  the  bonds  hereby  authorized  to  be  issued 
shall  be  expended  until  after  the  Commissioners  of  Finance 
have  determined,  based  upon  such  data  as  said  Commis- 
sioners of  Finance  shall  require  to  be  submitted  to  them  to 
enable  them  to  make  such  determination,  that  any  financial 


594  ORDINANCES  Ord.  No.  784 

loans  made,   guaranteed   or  insured  from  such  proceeds, 
shall,  in  fact,  be  self-supporting. 

Sec.  10.  And  be  it  further  ordained,  That  in  case  any 
land  or  property  now  or  hereafter  owned  by  the  Mayor  and 
City  Council  of  Baltimore  is  sold  by  it  to  any  legal  entity 
for  the  purpose  of  construction,  erection  or  development  of 
buildings  or  structures,  which  buildings  or  structures  are  to 
be  used  or  occupied  for  residential  purposes,  then  the  pur- 
chaser of  said  land  or  property  shall  pay  to  the  municipality 
at  least  an  amount  of  money  equal  to  the  full  appraised 
value  of  said  land  or  property,  and  in  case  any  such  land  or 
property  is  leased  by  the  municipality  to  any  legal  entity 
for  any  of  the  purposes  hereinbefore  mentioned,  then  the 
lessee  shall  pay  annually  to  the  municipality  an  amount  of 
money  equal  to  the  reasonable  rental  value  of  said  land  or 
property.  In  the  event  any  such  land  or  property  is  sold  by 
the  municipality  as  aforesaid  and  such  land  or  property  is 
then  reconveyed  back  to  the  municipality  as  security  for 
any  loan  made  by  the  municipality  to  the  purchaser  under 
the  provisions  of  this  Ordinance,  then  such  purchaser  shall 
pay  annually  to  the  municipality  in  lieu  of  taxes  a  tax 
equivalent  charge  on  such  land  or  property  on  the  basis  of 
the  then  prevailing  tax  assessment  on  the  land  and  improve- 
ments and  calculated  at  the  City  and  State  tax  rates  then  in 
effect,  in  accordance  with  the  policy  of  the  Board  of  Esti- 
mates of  the  municipality.  All  payments  made  in  lieu  of 
taxes  shall  be  made  when  real  estate  taxes  of  the  munici- 
pality ordinarily  become  due  and  payable. 

Sec.  11.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  au- 
thorized to  be  issued  under  the  provisions  of  this  Ordi- 
nance shall  be  in  accordance  with  the  provisions  of  the 
Charter  of  the  Mayor  and  City  Council  of  Baltimore,  and  by 
the  municipal  agency  designated  in  the  annual  Ordinance 
of  Estimates  of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  595 

No.  785 
(Council  No.  1600) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  73  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  its 
Certificates  of  Indebtedness  to  an  amount  not  exceeding 
Five  Million  Six  Hundred  Thousand  Dollars  ($5,600,- 
000.00),  the  proceeds  of  the  same  to  be  used  for  the  cost 
of  issuance,  including-  the  expense  of  engraving,  printing, 
advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith,  and  the  remainder  of  such 
proceeds  shall  be  used  for  the  purpose  of  extending,  en- 
larging, developing  and  improving  the  municipal  water 
supply  and  the  water  system  of  Baltimore  City,  includ- 
ing, but  not  limited  to,  the  construction,  reconstruction 
and  extension  of  transmission  conduits,  tunnels,  and 
distribution  mains,  the  increasing  of  the  source  or  sources 
of  supply,  the  construction  of  additional  storage  reser- 
voirs, additions  to  and  extensions  of  existing  reservoirs, 
the  construction  of  additional  pumping  stations,  filter 
basins  or  plants,  additions  to  and  extensions  of  existing 
pumping  stations,  filter  basins  or  plants,  any  or  all  of  the 
work  to  be  done  either  within  or  outside  of  the  boundary 
lines  of  Baltimore  City,  and  the  doing  of  all  things 
necessary,  proper  or  expedient  to  secure  a  full  and  ade- 
quate supply  of  water  for  the  City  of  Baltimore  and  its 
inhabitants  and  such  other  persons  or  other  legal  en- 
tities as  may  now  or  hereafter  be  lawfully  furnished 
water  by  the  Mayor  and  City  Council  of  Baltimore;  to 
confer  and  impose  upon  the  Commissioners  of  Finance 
of  Baltimore  City  certain  powers  and  duties;  to  author- 
ize the  submission  of  this  Ordinance  to  the  legal  voters 
of  the  City  of  Baltimore,  for  their  approval  or  disap- 
proval, at  the  General  Election  to  be  held  in  Baltimore 
City  on  Tuesday,  the  7th  day  of  November,  1978,  and 
providing  for  the  expenditure  of  the  proceeds  of  sale  of 
said  Certificates  of  Indebtedness  in  accordance  with  the 
provisions  of  the  Charter  of  the  Mayor  and  City  Council 
of  Baltimore,  and  by  the  municipal  agency  designated 
in  the  annual  Ordinance  of  Estimates  of  the  Mayor  and 
City  Council  of  Baltimore. 


596  ORDINANCES  Ord.  No.  785 

Whereas,  by  Chapter  73  of  the  Acts  of  the  General 
Assembly  of  Maryland  of  1978,  the  Mayor  and  City  Coun- 
cil of  Baltimore  is  authorized  to  create  a  debt,  and  to  issue 
and  sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  to  an  amount  not  exceeding 
Five  Million  Six  Hundred  Thousand  Dollars  ($5,600,000.00), 
in  the  manner  and  upon  the  terms  set  forth  in  said  Act, 
the  net  proceeds  derived  from  the  sale  of  said  bonds,  not 
exceeding  the  par  value  of  said  bonds,  to  be  used  for  the 
purpose  of  extending,  enlarging,  developing  and  improving 
the  municipal  water  supply  and  the  water  system  of  Balti- 
more City,  as  authorized  by  said  Act ;  and 

Whereas,  funds  are  now  needed  for  said  purpose; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  Commissioners  of  Finance 
of  said  municipality,  be  and  it  is  hereby  authorized  and 
empowered  to  issue  bonds  of  the  Mayor  and  City  Council 
of  Baltimore,  to  an  amount  not  exceeding  Five  Million  Six 
Hundred  Thousand  Dollars  ($5,600,000.00),  from  time  to 
time,  as  the  same  may  be  needed  or  required  for  the  pur- 
poses hereinafter  named  and  said  bonds  shall  be  sold  by 
said  Commissioners  of  Finance  from  time  to  time,  and  at 
such  times  as  shall  be  requisite,  and  the  proceeds  derived 
from  the  sale  of  said  bonds  be  used  for  the  purposes  here- 
inafter named,  provided  that  this  Ordinance  shall  not  be- 
come effective  unless  it  shall  be  approved  by  a  majority  of 
the  votes  of  the  legal  voters  of  Baltimore  City  cast  at  the 
time  and  place  hereinafter  designated  by  this  Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  said  bonds  shall 
be  issued  in  denominations  of  not  less  than  One  Thousand 
Dollars  ($1,000.00)  each,  but  may  be  in  sums  of  One 
Thousand  Dollars  ($1,000.00),  or  any  suitable  multiple 
thereof,  to  be  redeemable  in  Twenty  (20)  yearly  series  on 
the  fifteenth  day  of  October  in  each  of  the  years  and  in 
the  amounts  as  set  forth  in  the  following  schedule: 

Each  of  the  years  Amount  in  each  of 

1983  through  2002  the  Years 

both  inclusive  $280,000.00 


ORDINANCES  597 

Said  bonds,  when  issued,  shall  bear  interest  at  such  rate 
or  rates  as  may  be  determined  by  a  majority  of  the  Com- 
missioners of  Finance  by  resolution  at  such  time  or  times 
when  any  of  said  bonds  are  issued,  the  interest  to  be  pay- 
able semi-annually  on  the  fifteenth  day  of  April  and  the 
fifteenth  day  of  October,  in  each  year  after  issuance,  dur- 
ing the  respective  periods  that  the  series  in  which  said 
bonds  are  issued  may  run. 

Sec.  3.  And  be  it  further  ordamed,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  be,  and  they  are  hereby  authorized  to  pass 
a  resolution  or  resolutions,  from  time  to  time,  to  determine 
and  set  forth  any  or  all  of  the  following: 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under 
the  provisions  of  this  Ordinance  at  any  particular  time, 
including  any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 
provisions,  if  any,  for  the  issuance  of  fully  registered 
bonds;  the  provisions,  if  any,  for  the  registration  as  to 
principal  of  any  coupon  bonds;  and  the  provisions,  if  any, 
for  the  conversion  and  reconversion  into  coupon  bonds  of 
any  fully  registered  bonds  or  coupon  bonds  registered  as 
to  principal;  the  place  or  places  for  the  payment  of  prin- 
cipal and  interest  of  said  bonds;  and  the  date  of  said  bonds 
issued  at  any  particular  time;  and  the  right  of  redemption 
of  said  bonds  by  the  City  prior  to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  to  receive  bids  for  the  purchase  of  bonds  au- 
thorized to  be  issued  hereunder  or  any  part  thereof;  the 
form,  terms  and  conditions  of  such  bids;  the  time,  place 
and  manner  of  awarding  bonds  so  bid  for,  including  the 
right  whenever  any  of  the  bonds  authorized  by  this  Ordi- 
nance are  offered  for  sale  and  sold  at  the  same  time  as 
other  bonds  of  said  corporation,  to  establish  the  conditions 
for  bids  and  awards  and  to  award  all  of  said  bonds  on  an 
all  or  none  basis;  and  the  time,  place,  terms  and  manner 
of  settlement  for  the  bonds  so  bid  for. 


598  ORDINANCES  Ord.  No.  785 

Sec.  4.  And  be  it  further  ordained,  That: 

(a)  All  premiums  resulting  from  the  sale  of  any  of 
the  bonds  issued  and  sold  pursuant  to  the  provisions  of 
this  Ordinance  shall  be  applied  first  to  defray  the  cost  of 
issuance  thereof  and  the  balance,  if  any,  shall  be  applied 
to  the  payment  of  interest  on  any  of  said  bonds  becoming 
due  and  payable  during  the  fiscal  year  in  which  said  bonds 
are  issued  and  sold  or  during  the  next  succeeding  fiscal 
year. 

(b)  The  debt  authorized  by  the  provisions  of  this 
Ordinance,  and  the  bonds  issued  and  sold  pursuant  thereto 
and  their  transfer,  and  the  principal  and  interest  payable 
thereon,  (including  any  profit  made  in  the  sale  thereof), 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  provi- 
sions of  this  Ordinance  shall  be  sold  at  public  sale  to  the 
highest  responsible  bidder  or  bidders  therefor  after  due 
notice  of  such  sale,  but  the  Mayor  and  City  Council  of 
Baltimore,  acting  by  and  through  the  Commissioners  of 
Finance  thereof,  shall  have  the  right  to  reject  any  or  all 
bids  therefor  for  any  reason,  and  thereafter  reoffer  such 
bonds  at  public  sale  as  aforesaid  or  at  private  sale,  provided 
that  if  such  bonds  be  offered  at  private  sale  they  shall 
be  offered  for  sale  and  sold  for  not  less  than  par  and  ac- 
crued interest. 


Sec.  5.  And  be  it  further  ordained,  That  until  all  of  the 
interest  on  and  principal  of  any  bonds  issued  pursuant  to 
the  provisions  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate 
sufficient  to  produce  revenue  to  pay  all  interest  on  and  prin- 
cipal of  all  bonds  theretofore  issued  and  outstanding  or  au- 
thorized to  be  issued  and  outstanding,  payable  in  the  next 
succeeding  year. 

Sec.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more,  for  their  approval  or  disapproval,  at  the  General 


ORDINANCES  599 

Election  to  be  held  in  Baltimore  City  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the 
date  of  the  election  hereinbefore  mentioned,  notice  shall  be 
given  to  the  public  of  the  amount  of  money  which  the 
Mayor  and  City  Council  of  Baltimore  is  authorized  to 
borrow,  and  the  general  purposes  for  which  such  borrowed 
funds  may  be  expended,  under  the  terms  and  provisions  of 
this  Ordinance,  and  the  time  when  the  election  hereinbe- 
fore mentioned  is  to  be  held;  and  such  public  notice  shall 
be  given  in  such  manner  and  by  such  means  or  through 
such  media  and  at  such  time  or  times  as  may  be  deter- 
mined, from  time  to  time,  by  a  majority  of  the  Commis- 
sioners of  Finance. 

Sec.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to 
be  issued  under  the  provisions  of  this  Ordinance,  not  ex- 
ceeding the  par  value  thereof,  shall  be  used  exclusively  for 
the  following  purposes,  to  wit : 

(a)  So  much  thereof  as  may  be  necessary,  in  addi- 
tion to  the  premiums  realized  from  the  sale,  if  any,  for  the 
cost  of  issuance,  including  the  expense  of  engraving,  print- 
ing, advertising,  attorneys'  fees,  and  all  other  incidental 
expenses  connected  therewith ;  and 

(b)  The  remainder  of  such  proceeds  shall  be  used  for 
the  purpose  of  extending,  enlarging,  developing  and  im- 
proving the  municipal  water  supply  and  the  water  system 
of  Baltimore  City,  including,  but  not  limited  to,  the  con- 
struction, reconstruction  and  extension  of  transmission 
conduits,  tunnels,  and  distribution  mains,  the  increasing 
of  the  source  or  sources  of  supply,  the  construction  of  ad- 
ditional storage  reservoirs,  additions  to  and  extensions  of 
existing  reservoirs,  the  construction  of  additional  pumping 
stations,  filter  basins  or  plants,  additions  to  and  extensions 
of  existing  pumping  stations,  filter  basins  or  plants,  any  or 
all  of  the  work  to  be  done  either  within  or  outside  of  the 
boundary  lines  of  Baltimore  City,  and  the  doing  of  all 
things  necessary,  proper  or  expedient  to  secure  a  full  and 
adequate  supply  of  water  for  the  City  of  Baltimore  and  its 
inhabitants  and  such  other  persons  or  other  legal  entities 


600  ORDINANCES  Ord.  No.  786 

as  may  now  or  hereafter  be  lawfully  furnished  water  by 
the  Mayor  and  City  Council  of  Baltimore. 

Sec.  9.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  author- 
ized to  be  issued  under  the  provisions  of  this  Ordinance 
shall  be  in  accordance  with  the  provisions  of  the  Charter 
of  the  Mayor  and  City  Council  of  Baltimore,  and  by  the 
municipal  agency  designated  in  the  annual  Ordinance  of 
Estimates  of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  786 
(Council  No.  1601) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  74  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and 
sell  its  Certificates  of  Indebtedness  to  an  amount  not 
exceeding  Four  Million  Six  Hundred  Thousand  Dollars 
($4,600,000.00),  the  proceeds  derived  from  the  sale  of 
the  same  to  be  used  for  the  cost  of  issuance,  including 
the  expense  of  engraving,  printing,  advertising,  attor- 
neys' fees,  and  other  incidental  expenses  connected  there- 
with, and  the  remainder  of  such  proceeds  shall  be  used 
for  the  purpose  of  enlarging,  extending,  altering,  mod- 
ernizing, and  improving  the  sanitary  sewerage,  storm 
water  drainage,  and  stream  valley  systems  of  Baltimore 
City,  including,  but  not  limited  to,  the  construction  of 
additional  sewage  disposal  plants,  pumping  stations  and 
other  appurtenances,  the  alteration,  enlargement,  mod- 
ernization and  improvement  of  existing  sewage  disposal 
plants,  pumping  stations  and  other  appurtenances,  and 
the  acquisition  by  purchase  or  condemnation  of  any  and 
all  sanitary  and  storm  water  sewers,  sewage  disposal 
plants,  pumping  stations  and  other  appurtenances,  as 
well  as  of  any  and  all  land  and  property,  and  of  any 
right,  interest,  franchise,  easement  or  privilege  therein, 


ORDINANCES  601 

as  may  be  necessary  for  any  or  all  of  the  above  men- 
tioned purposes,  and  doing  any  and  all  things  necessary, 
proper  or  expedient  in  connection  with  or  pertaining  to 
any  or  all  of  the  matters  or  things  hereinbefore  men- 
tioned; and  any  or  all  of  said  work  or  acquisition  of 
property  may  be  done  either  within  or  outside  of  the 
boundary  lines  of  Baltimore  City;  providing,  however, 
that  no  part  of  such  proceeds  shall  be  used  to  pay  costs 
not  directly  related  to  and  required  for  the  acquisition, 
construction  or  completion  of  a  specific  physical  improve- 
ment and  the  initial  equipping  thereof;  it  being  the  in- 
tent of  this  provision  to  limit  the  use  of  such  proceeds 
to  capital  expenditures  and  to  prohibit  their  use  for  cur- 
rent expenses  of  the  City ;  conferring  and  imposing  upon 
the  Commissioners  of  Finance  of  Baltimore  City  certain 
powers  and  duties;  authorizing  the  submission  of  this 
ordinance  to  the  legal  voters  of  the  City  of  Baltimore, 
for  their  approval  or  disapproval,  at  the  General  Election 
to  be  held  in  Baltimore  City  on  Tuesday,  the  7th  day  of 
November,  1978;  and  providing  for  the  expenditure  of 
the  proceeds  of  sale  of  said  certificates  of  indebtedness 
in  accordance  with  the  provisions  of  the  Charter  of  the 
Mayor  and  City  Council  of  Baltimore,  and  by  the  munici- 
pal agency  designated  in  the  annual  Ordinance  of  Esti- 
mates of  the  Mayor  and  City  Council  of  Baltimore. 

Whereas,  by  Chapter  74  of  the  Acts  of  the  General 
Assembly  of  Maryland  of  1978,  the  Mayor  and  City  Council 
of  Baltimore  is  authorized  to  create  a  debt  and  to  issue 
and  sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  to  an  amount  not  exceeding 
Four  Million  Six  Hundred  Thousand  Dollars  ($4,600,000.00) 
in  the  manner  and  upon  the  terms  as  set  forth  in  said  Act, 
the  net  proceeds  derived  from  the  sale  of  said  bonds,  not 
exceeding  the  par  value  of  said  bonds,  to  be  used  for  and 
in  connection  with  the  sanitary  sewerage  and  storm  water 
drainage  system  of  Baltimore  City  as  authorized  by  said 
Act;  and 

Whereas,  Funds  are  now  needed  for  said  purposes; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Balti- 


(302  ORDINANCES  Ord.  No.  786 

more,  acting  by  and  through  the  Commissioners  of  Finance 
of  said  municipality,  be  and  it  is  hereby  authorized  and 
empowered  to  issue  bonds  of  the  Mayor  and  City  Council 
of  Baltimore  to  an  amount  not  exceeding  Four  Million 
Six  Hundred  Thousand  Dollars  ($4,600,000.00),  from  time 
to  time,  as  the  same  may  be  needed  or  required  for  the 
purposes  hereinafter  named  and  said  bonds  shall  be  sold 
by  said  Commissioners  of  Finance  from  time  to  time  and 
at  such  times  as  shall  be  requisite,  and  the  proceeds  de- 
rived from  the  said  bonds  shall  be  used  for  the  purposes 
hereinafter  named,  provided  that  this  Ordinance  shall  not 
become  effective  unless  it  shall  be  approved  by  the  ma- 
jority of  the  votes  of  the  legal  voters  of  Baltimore  City 
cast  at  the  time  and  place  hereinafter  designated  by  this 
Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  said  bonds  shall 
be  issued  in  denominations  of  not  less  than  One  Thousand 
Dollars  ($1,000.00)  each,  but  may  be  in  sums  of  One 
Thousand  Dollars  ($1,000.00)  or  any  suitable  multiple 
thereof,  to  be  redeemable  in  twenty  (20)  yearly  series  on 
the  fifteenth  day  of  October,  in  each  of  the  years  and  in 
the  amounts  as  set  forth  in  the  following  schedule: 

EACH  OF  THE  YEARS        AMOUNT  IN 

1982  through  2001  EACH  OF  THE  YEARS 

both  inclusive  $230,000.00 

Said  bonds,  when  issued,  shall  bear  interest  at  such  rate 
or  rates  as  may  be  determined  by  a  majority  of  the  Com- 
missioners of  Finance  by  resolution  at  such  time  or  times 
when  any  of  the  said  bonds  are  issued,  the  interest  to  be 
payable  semi-annually  on  the  fifteenth  day  of  April  and 
the  fifteenth  day  of  October  in  each  year  after  issuance, 
during  the  respective  periods  that  the  series  in  which  said 
bonds  are  issued  may  run. 

Sec.  3.  And  be  it  further  ordained,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  be,  and  they  are  hereby,  authorized  to  pass 
a  resolution  or  resolutions,  from  time  to  time,  to  determine 
and  set  forth  any  or  all  of  the  following : 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under 


ORDINANCES  603 

the  provisions  of  this  Ordinance  at  any  particular  time, 
including  any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 
provisions,  if  any,  for  the  issuance  of  fully  registered 
bonds;  the  provisions,  if  any,  for  the  registration  as  to 
principal  of  any  coupon  bonds;  and  the  provisions,  if  any, 
for  the  conversion  and  reconversion  into  coupon  bonds  of 
any  fully  registered  bonds  or  coupon  bonds  registered  as  to 
principal;  the  place  or  places  for  the  payment  of  principal 
and  interest  of  said  bonds  issued  at  any  particular  time 
and  the  right  of  redemption  of  said  bonds  by  the  City  prior 
to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council 
of  Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof; 
the  form,  terms  and  conditions  of  such  bids;  the  time,  place 
and  manner  of  awarding  bonds  so  bid  for,  including  the 
right  whenever  any  of  the  bonds  authorized  by  this  Ordi- 
nance are  offered  for  sale  and  sold  at  the  same  time  as 
other  bonds  of  said  corporation,  to  establish  the  conditions 
for  bids  and  awards  and  to  award  all  of  said  bonds  on  an 
all  or  none  basis;  and  the  time,  place,  terms  and  manner 
of  settlement  for  the  bonds  so  bid  for. 

Sec.  4.  And  be  it  further  ordained,  That:  (a)  All  pre- 
miums resulting  from  the  sale  of  any  of  the  bonds  issued 
and  sold  pursuant  to  the  provisions  of  this  Ordinance  shall 
be  applied  first  to  defray  the  cost  of  issuance  thereof  and 
the  balance,  if  any,  shall  be  applied  to  the  payment  of  in- 
terest on  any  of  said  bonds  becoming  due  and  payable  dur- 
ing the  fiscal  year  in  which  said  bonds  are  issued  and  sold  or 
during  the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Ordi- 
nance, and  the  bonds  issued  and  sold  pursuant  thereto 
and  their  transfer,  and  the  principal  and  interest  payable 
thereon  (including  any  profit  made  in  the  sale  thereof), 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  provi- 
sions of  this  Ordinance  shall  be  sold  at  public  sale  to  the 


604  ORDINANCES  Ord.  No.  786 

highest  responsible  bidder  or  bidders  therefor  after  due 
notice  of  such  sale,  but  the  Mayor  and  City  Council  of  Bal- 
timore, acting  by  and  through  the  Commissioners  of  Fi- 
nance thereof,  shall  have  the  right  to  reject  any  or  all  bids 
therefor  for  any  reason,  and  thereafter  reoffer  such  bonds 
at  public  sale  as  aforesaid  or  at  private  sale,  provided  that 
if  such  bonds  be  offered  at  private  sale  they  shall  be  offered 
for  sale  and  sold  for  not  less  than  par  and  accrued  interest. 

SEC.  5.  And  be  it  further  ordained,  That  until  all  of  the 
interest  on  and  principal  of  any  bonds  issued  pursuant  to 
the  provisions  of  this  Ordinance  have  been  paid  in  full  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suf- 
ficient to  produce  revenue  to  pay  all  interest  on  and  prin- 
cipal of  all  bonds  theretofore  issued  and  outstanding  or 
authorized  to  be  issued  and  outstanding,  payable  in  the  next 
succeeding  year. 

SEC.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval  at  the  General 
Election  to  be  held  in  Baltimore  City,  on  Tuesday,  the  7th 
day  of  November,  1978. 

SEC.  7.  And  be  it  further  ordained,  That  prior  to  the  date 
of  the  election  hereinbefore  mentioned,  notice  shall  be  given 
to  the  public  of  the  amount  of  money  which  the  Mayor  and 
City  Council  of  Baltimore  is  authorized  to  borrow,  and  the 
general  purposes  for  which  such  borrowed  funds  may  be 
expended,  under  the  terms  and  provisions  of  this  Ordinance, 
and  the  time  when  the  election  hereinbefore  mentioned  is 
to  be  held;  and  such  public  notice  shall  be  given  in  such 
manner  and  by  such  means  or  through  such  media  and  at 
such  time  or  times  as  may  be  determined,  from  time  to 
time,  by  a  majority  of  the  Commissioners  of  Finance. 

Sec.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to  be 
issued  under  the  provisions  of  this  Ordinance,  not  exceeding 
the  par  value  thereof,  shall  be  used  exclusively  for  the  fol- 
lowing purposes,  to  wit: 


ORDINANCES  605 

(a)  So  much  thereof  as  may  be  necessary  in  addition  to 
the  premiums  realized  from  the  sale,  if  any,  for  the  cost  of 
issuance,  including  the  expense  of  engraving,  printing,  ad- 
vertising, attorneys'  fees  and  all  other  incidental  expenses 
connected  therewith;  and 

(b)  The  remainder  of  such  proceeds  shall  be  used  for 
the  purpose  of  enlarging,  extending,  altering,  modernizing, 
and  improving  the  sanitary  sewerage,  storm  water  drain- 
age, and  stream  valley  systems  of  Baltimore  City,  including, 
but  not  limited  to,  the  construction  of  additional  sewage 
disposal  plants,  pumping  stations  and  other  appurtenances, 
the  alteration,  enlargement,  modernization  and  improve- 
ment of  existing  sewage  disposal  plants,  pumping  stations 
and  other  appurtenances,  and  the  acquisition  by  purchase 
or  condemnation  of  any  and  all  sanitary  and  storm  water 
sewers,  sewage  disposal  plants,  pumping  stations  and  other 
appurtenances,  as  well  as  of  any  and  all  land  and  property, 
and  of  any  right,  interest,  franchise,  easement  or  privilege 
therein,  as  may  be  necessary  for  any  or  all  of  the  above 
mentioned  purposes,  and  doing  any  and  all  things  neces- 
sary, proper  or  expedient  in  connection  with  or  pertaining 
to  any  or  all  of  the  matters  or  things  hereinbefore  men- 
tioned, and  any  or  all  of  said  work  or  acquisition  of  prop- 
erty may  be  done  either  within  or  outside  of  the  boundary 
lines  of  Baltimore  City;  providing,  however,  that  no  part  of 
such  proceeds  shall  be  used  to  pay  costs  not  directly  related 
to  and  required  for  the  acquisition,  construction  or  com- 
pletion of  a  specific  physical  improvement  and  the  initial 
equipping  thereof;  it  being  the  intent  of  this  provision  to 
limit  the  use  of  such  proceeds  to  capital  expenditures  and 
to  prohibit  their  use  for  current  expenses  of  the  City. 

Sec.  9.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  au- 
thorized to  be  issued  under  the  provisions  of  this  Ordinance 
shall  be  in  accordance  with  the  provisions  of  the  Charter  of 
the  Mayor  and  City  Council  of  Baltimore,  and  by  the  mu- 
nicipal agency  designated  by  the  annual  Ordinance  of 
Estimates  of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


606  ORDINANCES  Ord.  No.  787 

No.  787 
(Council  No.  1602) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  75  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and 
sell  its  certificates  of  indebtedness  to  an  amount  not  ex- 
ceeding One  Million  Seven  Hundred  Fifty  Thousand 
Dollars  ($1,750,000.00),  the  proceeds  derived  from  the 
sale  of  the  same  to  be  used  for  the  cost  of  issuance,  in- 
cluding the  expense  of  engraving,  printing,  advertising, 
attorneys'  fees,  and  all  other  incidental  expenses  con- 
nected therewith,  and  the  remainder  of  such  proceeds 
shall  be  used  for  the  acquisition,  by  purchase,  condemna- 
tion or  any  other  legal  means,  of  land  or  property,  or  any 
rights  therein,  in  the  City  of  Baltimore,  and  constructing 
and  erecting  on  said  land  or  property,  or  on  any  land  or 
property  now  or  hereafter  owned  or  controlled  by  the 
Mayor  and  City  Council  of  Baltimore,  new  Baltimore 
Museum  of  Art  buildings,  structures  and  other  auxiliary 
facilities,  and  for  additions  and  improvements  to,  or  the 
reconstruction  of,  existing  Baltimore  Museum  of  Art 
buildings,  structures  or  facilities,  and  for  the  reconstruc- 
tion, renovation,  modernization  or  improvement  of  any 
buildings,  structures  or  facilities  now  or  hereafter  owned 
or  controlled  by  the  Mayor  and  City  Council  of  Baltimore 
and  to  be  used  to  house  the  functions  or  activities  of 
Baltimore  Museum  of  Art,  including,  but  not  limited  to, 
landscaping,  lighting,  parking,  grading  and  paving,  and 
for  the  purchase,  acquisition,  installation  and  erection  of 
any  and  all  kinds  of  furniture  and  equipment  for  any  and 
all  of  the  new  facilities  authorized  to  be  constructed, 
erected  or  acquired  by  the  provisions  hereof,  and  for  the 
purchase,  acquisition,  installation  and  erection,  of  any 
and  all  kinds  of  museum  or  auxiliary  equipment  for  the 
Baltimore  Museum  of  Art  or  for  alterations  to,  or  the 
replacement  of,  any  such  existing  equipment  now  being 
used  by,  or  in  connection  with,  the  Baltimore  Museum  of 
Art;  and  for  doing  any  and  all  things  necessary,  proper  or 
expedient  in  connection  with  or  pertaining  to  any  or  all 
of  the  matters  or  things  hereinbefore  mentioned,  in- 
cluding, but  not  limited  to,  the  costs  and  expenses  of 


ORDINANCES  607 

securing  administrative,  appraisal,  economic  analysis, 
engineering,  planning,  designing,  architectural,  sur- 
veying, and  other  professional  services;  to  confer  and 
impose  upon  the  Commissioners  of  Finance  of  Baltimore 
City  certain  powers  and  duties;  to  authorize  the  sub- 
mission of  this  Ordinance  to  the  legal  voters  of  the  City 
of  Baltimore,  for  their  approval  or  disapproval,  at  the 
General  Election  to  be  held  in  Baltimore  City  on  Tues- 
day, the  7th  day  of  November,  1978,  and  providing  for 
the  expenditure  of  the  proceeds  of  sale  of  said  certificates 
of  indebtedness  in  accordance  with  the  provisions  of  the 
Charter  of  the  Mayor  and  City  Council  of  Baltimore,  and 
by  the  municipal  agency  designated  in  the  annual  Ordi- 
nance of  Estimates  of  the  Mayor  and  City  Council  of 
Baltimore. 

Whereas,  by  Chapter  75  of  the  Acts  of  the  General  As- 
sembly of  Maryland  of  1978,  the  Mayor  and  City  Council 
of  Baltimore  is  authorized  to  create  a  debt,  and  to  issue  and 
sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  to  an  amount  not  exceeding 
One  Million  Seven  Hundred  Fifty  Thousand  Dollars 
($1,750,000.00)  in  the  manner  and  upon  the  terms  set  forth 
in  said  Act,  the  net  cash  proceeds  derived  from  the  sale  of 
said  bonds,  not  exceeding  the  par  value  of  said  bonds,  to  be 
used  for  improving,  modernizing,  renovating,  reconstruct- 
ing, furnishing  and  equipping  the  Baltimore  Museum  of 
Art  as  authorized  by  said  Act;  and 

Whereas,  Funds  are  now  needed  for  said  purposes; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  Commissioners  of  Finance 
of  said  municipality,  be  and  it  is  hereby  authorized  and 
empowered  to  issue  bonds  of  the  Mayor  and  City  Council  of 
Baltimore  to  an  amount  not  exceeding  One  Million  Seven 
Hundred  Fifty  Thousand  Dollars  ($1,750,000.00),  from 
time  to  time,  as  the  same  may  be  needed  or  required  for 
the  purposes  hereinafter  named  and  said  bonds  shall  be  sold 
by  said  Commissioners  of  Finance  from  time  to  time  and 
at  such  times  as  shall  be  requisite,  and  the  proceeds  derived 


608  ORDINANCES  Ord.  No.  787 

from  the  sale  of  said  bonds  shall  be  used  for  the  purposes 
hereinafter  named,  provided  that  this  Ordinance  shall  not 
become  effective  unless  it  shall  be  approved  by  a  majority 
of  the  votes  of  the  legal  voters  of  Baltimore  City  cast  at 
the  time  and  place  hereinafter  designated  by  this  Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  said  bonds  shall 
be  issued  in  denominations  of  not  less  than  One  Thousand 
Dollars  ($1,000.00)  each,  but  may  be  in  sums  of  One  Thou- 
sand Dollars  ($1,000.00)  or  any  suitable  multiple  thereof, 
to  be  redeemable  in  ten  (10)  yearly  series  on  the  fifteenth 
day  of  October  in  each  of  the  years  and  in  the  amounts  as 
set  forth  in  the  following  schedule: 

Each  of  the  Years  Amount  in  Each 

1983  through  1992  of  the  Years 

both  inclusive  $175,000 

Said  bonds,  when  issued,  shall  bear  interest  at  such  rate 
or  rates  as  may  be  determined  by  a  majority  of  the  Com- 
missioners of  Finance  by  resolution  at  such  time  or  times 
when  any  of  said  bonds  are  issued,  the  interest  to  be  pay- 
able semi-annually  on  the  fifteenth  day  of  April  and  the 
fifteenth  day  of  October  in  each  year  after  issuance,  during 
the  respective  periods  that  the  series  in  which  said  bonds 
are  issued  may  run. 

Sec.  3.  And  be  it  further  ordained,  That  a  majority  of  the 
Commissioners  of  Finance  of  the  Mayor  and  City  Council 
of  Baltimore  be,  and  they  are  hereby,  authorized  to  pass  a 
resolution  or  resolutions,  from  time  to  time,  to  determine 
and  set  forth  any  or  all  of  the  following: 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under  the 
provisions  of  this  Ordinance  at  any  particular  time,  in- 
cluding any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 
provisions,  if  any,  for  the  issuance  of  fully  registered  bonds; 
the  provisions,  if  any,  for  the  registration  as  to  principal  of 
any  coupon  bonds;  and  the  provisions,  if  any,  for  the  con- 
version and  reconversion  into  coupon  bonds  of  any  fully 
registered  bonds  or  coupon  bonds  registered  as  to  principal; 
the  place  or  places  for  the  payment  of  principal  and  interest 


ORDINANCES  609 

of  said  bonds;  and  the  date  of  said  bonds  issued  at  any  par- 
ticular time  and  the  right  of  redemption  of  said  bonds  by 
the  City  prior  to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof;  the 
form,  terms  and  conditions  of  such  bids;  the  time,  place  and 
manner  of  awarding  bonds  so  bid  for,  including  the  right 
whenever  any  of  the  bonds  authorized  by  this  Ordinance 
are  offered  for  sale  and  sold  at  the  same  time  as  other  bonds 
of  said  corporation,  to  establish  the  conditions  for  bids  and 
awards  and  to  award  all  of  said  bonds  on  an  all  or  none 
basis;  and  the  time,  place,  terms  and  manner  of  settlement 
for  the  bonds  so  bid  for. 

Sec.  4.  And  be  it  further  ordained,  That:  (a)  All  premi- 
ums resulting  from  the  sale  of  any  of  the  bonds  issued  and 
sold  pursuant  to  the  provisions  of  this  Ordinance  shall  be 
applied  first  to  defray  the  cost  of  issuance  thereof  and  the 
balance,  if  any,  shall  be  applied  to  the  payment  of  interest 
on  any  of  said  bonds  becoming  due  and  payable  during  the 
fiscal  year  in  which  said  bonds  are  issued  and  sold  or  during 
the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Ordi- 
nance, and  the  bonds  issued  and  sold  pursuant  thereto  and 
their  transfer,  and  the  principal  and  interest  payable 
thereon  (including  any  profit  made  in  the  sale  thereof), 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  pro- 
visions of  this  Ordinance  shall  be  sold  at  public  sale  to  the 
highest  responsible  bidder  or  bidders  therefor  after  due 
notice  of  such  sale,  but  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  Commissioners  of  Finance 
thereof,  shall  have  the  right  to  reject  any  or  all  bids 
therefor  for  any  reason,  and  thereafter  reoffer  such  bonds 
at  public  sale  as  aforesaid  or  at  private  sale,  provided  that 
if  such  bonds  be  offered  at  private  sale  they  shall  be  offered 
for  sale  and  sold  for  not  less  than  par  and  accrued  interest. 


610  ORDINANCES  Ord.  No.  787 

Sec.  5.  And  be  it  further  ordained,  That  until  all  of  the 
interest  on  and  principal  of  any  bonds  issued  pursuant  to 
the  provisions  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suffi- 
cient to  produce  revenue  to  pay  all  interest  on  and  princi- 
pal of  all  bonds  theretofore  issued  and  outstanding  or  au- 
thorized to  be  issued  and  outstanding,  payable  in  the  next 
succeeding  year. 

Sec.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval,  at  the  General 
Election  to  be  held  in  Baltimore  City,  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the  date 
of  the  election  hereinbefore  mentioned,  notice  shall  be  given 
to  the  public  of  the  amount  of  money  which  the  Mayor  and 
City  Council  of  Baltimore  is  authorized  to  borrow,  and  the 
general  purposes  for  which  such  borrowed  funds  may  be 
expended,  under  the  terms  and  provisions  of  this  Ordinance, 
and  the  time  when  the  election  hereinbefore  mentioned  is 
to  be  held;  and  such  public  notice  shall  be  given  in  such 
manner  and  by  such  means  or  through  such  media  and  at 
such  time  or  times  as  may  be  determined,  from  time  to 
time,  by  a  majority  of  the  Commissioners  of  Finance. 

Sec.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to 
be  issued  under  the  provisions  of  this  Ordinance,  not  ex- 
ceeding the  par  value  thereof,  shall  be  used  exclusively  for 
the  following  purposes,  to  wit: 

(a)  So  much  thereof  as  may  be  necessary  in  addition 
to  the  premiums  realized  from  the  sale,  if  any,  for  the  cost 
of  issuance,  including  the  expense  of  engraving,  printing, 
advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith ;  and 

(b)  The  remainder  of  the  proceeds  shall  be  used  for  the 
acquisition,  by  purchase,  condemnation  or  any  other  legal 


ORDINANCES  611 

means,  of  land  or  property,  or  any  rights  therein,  in  the 
City  of  Baltimore,  and  constructing  and  erecting  on  said 
land  or  property,  or  on  any  land  or  property  now  or  here- 
after owned  or  controlled  by  the  Mayor  and  City  Council 
of  Baltimore,  new  Baltimore  Museum  of  Art  Buildings, 
structures  and  other  auxiliary  facilities,  and  for  additions 
and  improvements  to,  or  the  reconstruction  of,  existing 
Baltimore  Museum  of  Art  Buildings,  structures  or  facilities, 
and  for  the  reconstruction,  renovation,  modernization  or 
improvement  of  any  buildings,  structures  or  facilities  now 
or  hereafter  owned  or  controlled  by  the  Mayor  and  City 
Council  of  Baltimore  and  to  be  used  to  house  the  functions 
or  activities  of  the  Baltimore  Museum  of  Art,  including, 
but  not  limited  to,  landscaping,  lighting,  parking,  grading 
and  paving,  and  for  the  purchase,  acquisition,  installation 
and  erection  of  any  and  all  kinds  of  furniture  and  equip- 
ment for  any  and  all  of  the  new  facilities  authorized  to  be 
constructed,  erected  or  acquired  by  the  provisions  hereof, 
and  for  the  purchase,  acquisition,  installation  and  erection 
of  any  and  all  kinds  of  museum  or  auxiliary  equipment  for 
the  Baltimore  Museum  of  Art  or  for  alterations  to,  or  the 
replacement  of,  any  such  existing  equipment  now  being 
used  by,  or  in  connection  with,  the  Baltimore  Museum  of 
Art;  and  for  doing  any  and  all  things  necessary,  proper  or 
expedient  in  connection  with  or  pertaining  to  any  or  all  of 
the  matters  or  things  hereinbefore  mentioned,  including, 
but  not  limited  to,  the  costs  and  expenses  of  securing  ad- 
ministrative, appraisal,  economic  analysis,  engineering, 
planning,  designing,  architectural,  surveying,  and  other  pro- 
fessional services. 

Sec.  9.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  author- 
ized to  be  issued  under  the  provisions  of  this  Ordinance 
shall  be  in  accordance  with  the  provisions  of  the  Charter  of 
the  Mayor  and  City  Council  of  Baltimore,  and  by  the  mu- 
nicipal agency  designated  in  the  annual  Ordinance  of  Esti- 
mates of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


612  ORDINANCES  Ord.  No.  788 

No.  788 
(Council  No.  1603) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council 
of  Baltimore  (pursuant  to  Chapter  76  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and 
sell  its  Certificates  of  Indebtedness  to  an  amount  not  ex- 
ceeding Seven  Million  Five  Hundred  Thousand  Dollars 
($7,500,000.00)  the  proceeds  derived  from  the  sale  of 
the  same  to  be  used  for  the  cost  of  issuance,  including 
the  expense  of  engraving,  printing,  advertising,  attor- 
neys' fees,  and  all  other  incidental  expenses  connected 
therewith,  and  the  remainder  of  such  proceeds  shall  be 
used  for  or  in  connection  with  planning,  developing,  exe- 
cuting and  making  operative  the  community  develop- 
ment program  of  the  Mayor  and  City  Council  of  Balti- 
more, including,  but  not  limited  to,  the  acquisition,  by 
purchase,  lease,  condemnation  or  any  other  legal  means, 
of  land  or  property,  or  any  right,  interest,  franchise, 
easement  or  privilege  therein,  in  the  City  of  Baltimore; 
the  payment  of  any  and  all  costs  and  expenses  incurred 
in  connection  with  or  incidental  to  the  acquisition  and 
management  of  said  land  or  property,  including  any  and 
all  rights  or  interests  therein  hereinbefore  mentioned; 
the  payment  of  any  and  all  costs  and  expenses  incurred 
for  or  in  connection  with  relocating  and  moving  persons 
or  other  legal  entities  displaced  by  the  acquisition  of 
said  land  or  property,  or  any  of  the  rights  or  interests 
therein  hereinbefore  mentioned;  the  development  or  re- 
development, including,  but  not  limited  to,  the  compre- 
hensive renovation  or  rehabilitation  of  any  land  or  prop- 
erty, or  any  rights  or  interests  therein  hereinbefore  men- 
tioned, in  the  City  of  Baltimore,  and  the  disposition  of 
land  and  property  for  such  purposes;  the  elimination  of 
unhealthful,  unsanitary  or  unsafe  conditions,  lessening 
density,  eliminating  obsolete  or  other  uses  detrimental 
to  the  public  welfare  or  otherwise  removing  or  prevent- 
ing the  spread  of  blight  or  deterioration  in  the  City  of 
Baltimore;  the  demolition,  removal,  relocation,  renova- 
tion or  alteration  of  land,  buildings,  streets,  highways, 
alleys,  utilities  or  services,  and  other  structures  or  im- 
provements, and  for  the  construction,  reconstruction, 
installation,   relocation   or   repair   of   buildings,   streets, 


ORDINANCES  613 

highways,  alleys,  utilities  or  services,  and  other  struc- 
tures or  improvements ;  the  payment  of  any  and  all  costs 
and  expenses  incurred  for  or  in  connection  with  doing 
any  or  all  of  the  things  herein  mentioned,  including,  but 
not  limited  to,  the  costs  and  expenses  of  securing  ad- 
ministrative, appraisal,  economic  analysis,  engineering, 
planning,  designing,  architectural,  surveying,  and  other 
professional  services ;  and  doing  any  and  all  things  neces- 
sary, proper  or  expedient  in  connection  with  or  pertain- 
ing to  any  or  all  of  the  matters  or  things  hereinbefore 
mentioned;  conferring  and  imposing  upon  the  Commis- 
sioners of  Finance  of  Baltimore  City  certain  powers  and 
duties;  authorizing  the  submission  of  this  Ordinance  to 
the  legal  voters  of  the  City  of  Baltimore,  for  their  ap- 
proval or  disapproval,  at  the  General  Election  to  be  held 
in  Baltimore  City  on  Tuesday,  the  7th  day  of  November, 
1978  and  providing  for  the  expenditure  of  the  proceeds 
of  sale  of  said  Certificates  of  Indebtedness  in  accordance 
with  the  provisions  of  the  Charter  of  the  Mayor  and 
City  Council  of  Baltimore,  and  by  the  municipal  agency 
designated  in  the  annual  Ordinance  of  Estimates  of  the 
Mayor  and  City  Council  of  Baltimore. 

Whereas,  by  Chapter  76  of  the  Acts  of  the  General 
Assembly  of  Maryland  of  1978  the  Mayor  and  City  Council 
of  Baltimore  is  authorized  to  create  a  debt  and  to  issue 
and  sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  to  an  amount  not  exceeding 
Seven  Million  Five  Hundred  Thousand  Dollars  ($7,500,- 
000.00)  in  the  manner  and  upon  the  terms  set  forth  in  said 
Act,  the  proceeds  thereof,  not  exceeding  the  par  value  of 
said  certificates  of  indebtedness,  to  be  used  for  or  in  con- 
nection with  the  Community  Development  Program  of  the 
City  of  Baltimore ;  and 

Whereas,  Funds  are  now  needed  for  said  purposes; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  Commissioners  of  Finance 
of  said  municipality,  be  and  it  is  hereby  authorized  and 
empowered  to  issue  bonds  of  the  Mayor  and  City  Council 


614  ORDINANCES  Ord.  No.  788 

of  Baltimore  to  an  amount  not  exceeding-  Seven  Million 
Five  Hundred  Thousand  Dollars  ($7,500,000.00),  from  time 
time,  as  the  same  may  be  needed  or  required  for  the  pur- 
poses hereinafter  named  and  said  bonds  shall  be  sold  by 
said  Commissioners  of  Finance  from  time  to  time  and  at 
such  times  as  shall  be  requisite,  and  the  proceeds  derived 
from  the  sale  of  said  bonds  shall  be  used  for  the  purposes 
hereinafter  named,  provided  that  this  Ordinance  shall  not 
become  effective  unless  it  shall  be  approved  by  a  majority 
of  the  votes  of  the  legal  voters  of  Baltimore  City  cast  at 
the  time  and  place  hereinafter  designated  by  this  Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  said  bonds 
shall  be  issued  in  denominations  of  not  less  than  One 
Thousand  Dollars  ($1,000.00)  each,  but  may  be  in  sums 
of  One  Thousand  Dollars  ($1,000.00)  or  any  suitable 
multiple  thereof,  to  be  redeemable  in  Twenty  (20)  yearly 
series  on  the  fifteenth  day  of  October  in  each  of  the  years 
and  in  the  amounts  as  set  forth  in  the  following"  schedule: 

Each  of  the  Years  Amount  in  each 

1983  through  2002  of  the  years 

both  inclusive  $375,000.00 

Said  bonds,  when  issued,  shall  bear  interest  at  such  rate 
or  rates  as  may  be  determined  by  a  majority  of  the  Com- 
missioners of  Finance  by  resolution  at  such  time  or  times 
when  any  of  said  bonds  are  issued,  the  interest  to  be  pay- 
able semi-annually  on  the  fifteenth  day  of  April  and  the 
fifteenth  day  of  October  in  each  year  after  issuance,  during 
the  respective  periods  that  the  series  in  which  said  bonds 
are  issued  may  run. 

Sec.  3.  And  be  it  further  ordained,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  be,  and  they  are  hereby,  authorized  to 
pass  a  resolution  or  resolutions,  from  time  to  time,  to  de- 
termine and  set  forth  any  or  all  of  the  following: 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under 
the  provisions  of  this  Ordinance  at  any  particular  time, 
including  any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 


ORDINANCES  615 

provisions,  if  any,  for  the  issuance  of  fully  registered 
bonds;  the  provisions,  if  any,  for  the  registration  as  to 
principal  of  any  coupon  bonds;  and  the  provisions,  if  any, 
for  the  conversion  and  reconversion  into  coupon  bonds  of 
any  fully  registered  bonds  or  coupon  bonds  registered  as  to 
principal;  the  place  or  places  for  the  payment  of  principal 
and  interest  of  said  bonds;  and  the  date  of  said  bonds 
issued  at  any  particular  time,  and  the  right  of  redemption 
of  said  bonds  by  the  City  prior  to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council 
of  Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof; 
the  form,  terms  and  conditions  of  such  bids ;  the  time,  place 
and  manner  of  awarding  bonds  so  bid  for,  including  the 
right  whenever  any  of  the  bonds  authorized  by  this  Ordi- 
nance are  offered  for  sale  and  sold  at  the  same  time  as 
other  bonds  of  said  corporation,  to  establish  the  conditions 
for  bids  and  awards  and  to  award  all  of  said  bonds  on  an 
all  or  none  basis;  and  the  time,  place,  terms  and  manner 
of  settlement  for  the  bonds  so  bid  for. 

Sec.  4.  And  be  it  further  ordained,  That:  (a)  All  premi- 
ums resulting  from  the  sale  of  any  of  the  bonds  issued  and 
sold  pursuant  to  the  provisions  of  this  Ordinance  shall  be 
applied  first  to  defray  the  cost  of  issuance  thereof  and  the 
balance,  if  any,  shall  be  applied  to  the  payment  of  interest 
on  any  of  said  bonds  becoming  due  and  payable  during  the 
fiscal  year  in  which  said  bonds  are  issued  and  sold  or  during 
the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Ordi- 
nance, and  the  bonds  issued  and  sold  pursuant  thereto  and 
their  transfer,  and  the  principal  and  interest  payable 
thereon  (including  any  profit  made  in  the  sale  thereof), 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  pro- 
visions of  this  Ordinance  shall  be  sold  at  public  sale  to  the 
highest  responsible  bidder  or  bidders  therefor  after  due 
notice  of  such  sale,  but  the  Mayor  and  City  Council  of  Bal- 


616  ORDINANCES  Ord.  No.  788 

timore,  acting  by  and  through  the  Commissioners  of 
Finance  thereof,  shall  have  the  right  to  reject  any  or  all 
bids  therefor  for  any  reason,  and  thereafter  reoffer  such 
bonds  at  public  sale  as  aforesaid  or  at  private  sale,  provided 
that  if  such  bonds  be  offered  at  private  sale  they  shall  be 
offered  for  sale  and  sold  for  not  less  than  par  and  accrued 
interest. 

Sec.  5.  And  be  it  further  ordained,  That  until  all  of  the 
interest  on  and  principal  of  any  bonds  issued  pursuant  to 
the  provisions  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suf- 
ficient to  produce  revenue  to  pay  all  interest  on  and  prin- 
cipal of  all  bonds  theretofore  issued  and  outstanding  or 
authorized  to  be  issued  and  outstanding,  payable  in  the  next 
succeeding  year. 

Sec.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval,  at  the  General 
Election  to  be  held  in  Baltimore  City,  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the  date 
of  the  election  hereinbefore  mentioned,  notice  shall  be  given 
to  the  public  of  the  amount  of  money  which  the  Mayor  and 
City  Council  of  Baltimore  is  authorized  to  borrow,  and  the 
general  purposes  for  which  such  borrowed  funds  may  be 
expended,  under  the  terms  and  provisions  of  this  Ordinance, 
and  the  time  when  the  election  hereinbefore  mentioned  is  to 
be  held;  and  such  public  notice  shall  be  given  in  such 
manner  and  by  such  means  or  through  such  media  and  at 
such  time  or  times  as  may  be  determined,  from  time  to 
time,  by  a  majority  of  the  Commissioners  of  Finance. 

Sec.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to 
be  issued  under  the  provisions  of  this  Ordinance,  not  ex- 
ceeding the  par  value  thereof,  shall  be  used  exclusively  for 
the  following  purposes,  to  wit: 


ORDINANCES  617 

(a)  So  much  thereof  as  may  be  necessary,  in  addition 
to  the  premiums  realized  from  the  sale,  if  any,  for  the  cost 
of  issuance,  including  the  expense  of  engraving,  printing, 
advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith;  and 

(b)  The  remainder  of  such  proceeds  shall  be  used  for 
or  in  connection  with  planning,  developing,  executing  and 
making  operative  the  Community  Development  Program  of 
the  Mayor  and  City  Council  of  Baltimore,  including,  but 
not  limited  to: 

(i)  The  acquisition,  by  purchase,  lease,  condemna- 
tion, or  any  other  legal  means,  of  land  or  property,  or  any 
right,  interest,  franchise,  easement  or  privilege  therein,  in 
the  City  of  Baltimore; 

(ii)  The  payment  of  any  and  all  costs  and  ex- 
penses incurred  in  connection  with  or  incidental  to  the  acqui- 
sition and  management  of  said  land  or  property,  including 
any  and  all  rights  or  interests  therein  hereinbefore  men- 
tioned; 

(iii)  The  payment  of  any  and  all  costs  and  ex- 
penses incurred  for  or  in  connection  with  relocating  and 
moving  persons  or  other  legal  entities  displaced  by  the 
acquisition  of  said  land  or  property,  or  any  of  the  rights  or 
interests  therein  hereinbefore  mentioned; 

(iv)  The  development  or  redevelopment,  includ- 
ing, but  not  limited  to,  the  comprehensive  renovation  or 
rehabilitation  of  any  land  or  property,  or  any  rights  or 
interests  therein  hereinbefore  mentioned  in  the  City  of 
Baltimore  and  the  disposition  of  land  and  property  for  such 
purposes; 

(v)  The  elimination  of  unhealthful,  unsanitary 
or  unsafe  conditions,  lessening  density,  eliminating  obsolete 
or  other  uses  detrimental  to  the  public  welfare  or  otherwise 
removing  or  preventing  the  spread  of  blight  or  deterioration 
in  the  City  of  Baltimore; 

(vi)  The  demolition,  removal,  relocation,  renova- 
tion or  alteration  of  land,  buildings,  streets,  highways, 
alleys,  utilities  or  services,  and  other  structures  or  improve- 
ments, and  for  the  construction,  reconstruction,  installa- 


618  ORDINANCES  Ord.  No.  789 

tion,  relocation  or  repair  of  buildings,  streets,  highways, 
alleys,  utilities  or  services,  and  other  structures  or  improve- 
ments; 

(vii)  The  payment  of  any  and  all  costs  and  ex- 
penses incurred  for  or  in  connection  with  doing  any  or  all 
of  the  things  herein  mentioned,  including,  but  not  limited 
to,  the  costs  and  expenses  of  securing  administrative,  ap- 
praisal, economic  analysis,  engineering,  planning,  design- 
ing, architectural,  surveying,  and  other  professional  serv- 
ices; and 

(viii)  Doing  any  and  all  things  necessary,  proper 
or  expedient  in  connection  with  or  pertaining  to  any  or  all 
of  the  matters  or  things  hereinbefore  mentioned. 

All  of  such  land  or  property  shall  be  acquired,  developed, 
redeveloped,  renovated,  rehabilitated,  altered,  improved, 
held  or  disposed  of,  as  provided  by  law. 

Sec.  9.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  author- 
ized to  be  issued  under  the  provisions  of  this  Ordinance 
shall  be  in  accordance  with  the  provisions  of  the  Charter 
of  the  Mayor  and  City  Council  of  Baltimore,  and  by  the 
municipal  agency  designated  in  the  annual  Ordinance  of 
Estimates  of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  789 
(Council  No.  1604) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  77  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and  sell 
its  certificates  of  indebtedness  to  an  amount  not  exceeding 
Two  Million  Dollars  ($2,000,000.00),  the  proceeds  derived 
from  the  sale  of  the  same  to  be  used  for  the  cost  of  is- 
suance,  including  the  expense  of  engraving,   printing, 


ORDINANCES  619 

advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith,  and  the  remainder  of  such 
proceeds  shall  be  used  to  make  or  contract  to  make 
financial  loans  to  the  owners  of  buildings  or  structures 
located  within  the  boundaries  of  Baltimore  City,  which 
are  used  or  occupied  for  commercial  purposes,  for  or  in 
connection  with  rehabilitating,  renovating,  redeveloping 
or  improving  said  buildings  or  structures;  to  guarantee 
or  insure  financial  loans  made  by  third  parties  to  the 
owners  of  buildings  or  structures  located  within  the 
boundary  lines  of  Baltimore  City,  which  are  used  or  oc- 
cupied for  commercial  purposes,  for  or  in  connection 
with  rehabilitating,  renovating,  redeveloping  or  improv- 
ing said  buildings  or  structures,  and  for  doing  any  and 
all  things  necessary,  proper  or  expedient  in  connection 
with  or  pertaining  to  any  or  all  of  the  matters  or  things 
hereinbefore  mentioned;  conferring  and  imposing  upon 
the  Commissioners  of  Finance  of  Baltimore  City  certain 
powers  and  duties;  authorizing  the  submission  of  this 
Ordinance  to  the  legal  voters  of  the  City  of  Baltimore, 
for  their  approval  or  disapproval,  at  the  General  Election 
to  be  held  in  Baltimore  City  on  Tuesday,  the  7th  day  of 
November,  1978;  providing  that  the  financial  loans  made, 
guaranteed  or  insured  shall  be  self-supporting,  and  pro- 
viding for  the  expenditure  of  the  proceeds  of  said  cer- 
tificates of  indebtedness  in  accordance  with  the  pro- 
visions of  the  Charter  of  the  Mayor  and  City  Council  of 
Baltimore  and  by  the  municipal  agency  designated  in  the 
annual  Ordinance  of  Estimates  of  the  Mayor  and  City 
Council  of  Baltimore. 

Whereas,  by  Chapter  77  of  the  Acts  of  the  General  As- 
sembly of  Maryland  of  1978,  the  Mayor  and  City  Council  of 
Baltimore  is  authorized  to  create  a  debt  and  to  issue  and 
sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  to  an  amount  not  exceeding 
Two  Million  Dollars  ($2,000,000.00),  in  the  manner  and 
upon  the  terms  set  forth  in  said  Act,  the  proceeds  thereof, 
not  exceeding  the  par  value  of  said  certificates  of  indebted- 
ness, to  be  used  for  or  in  connection  with  making,  guar- 
anteeing, or  insuring  financial  loans  for  rehabilitating,  reno- 
vating, redeveloping  or  improving  commercial  properties  in 
Baltimore  City,  as  authorized  by  said  Act;  and 


620  ORDINANCES  Ord.  No.  789 

Whereas,  Funds  are  now  needed  for  said  purposes; 
therefore 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
•of  Baltimore,  That  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  Commissioners  of  Finance 
of  said  municipality,  be  and  it  is  hereby  authorized  and 
empowered  to  issue  bonds  of  the  Mayor  and  City  Council 
of  Baltimore  to  an  amount  not  exceeding  Two  Million  Dol- 
lars ($2,000,000.00),  from  time  to  time,  as  the  same  may 
be  needed  or  required  for  the  purposes  hereinafter  named 
and  said  bonds  shall  be  sold  by  said  Commissioners  of 
Finance  from  time  to  time  and  at  such  times  as  shall  be 
requisite,  and  the  proceeds  derived  from  the  sale  of  said 
bonds  shall  be  used  for  the  purposes  hereinafter  named, 
provided  that  this  Ordinance  shall  not  become  effective 
unless  it  shall  be  approved  by  a  majority  of  the  votes  of 
the  legal  voters  of  Baltimore  City  cast  at  the  time  and  place 
hereinafter  designated  by  this  Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That: 

(a)  Said  bonds  shall  be  issued  in  denominations  of  not 
less  than  One  Thousand  Dollars  ($1,000.00)  each,  but  may 
be  in  sums  of  One  Thousand  Dollars  ($1,000.00),  or  any 
suitable  multiple  thereof. 

(b)  Said  bonds,  or  any  part  thereof,  shall  be  issued  in 
accordance  with  a  serial  maturity  plan  so  worked  out  as  to 
discharge  the  entire  principal  amount  represented  thereby 
within  not  more  than  forty  (40)  years  from  the  date  of 
their  issuance;  provided,  however,  that  it  shall  not  be 
necessary  to  provide  for  the  maturity  of  any  part  of  the 
principal  amount  represented  by  any  of  said  bonds  for  the 
first  five  (5)  years  from  the  date  of  their  issuance. 

(c)  Said  bonds,  when  issued,  shall  bear  interest  at  such 
rate  or  rates  as  may  be  determined  by  a  majority  of  the 
Commissioners  of  Finance  by  resolution  at  such  time  or 
times  when  any  of  said  bonds  are  issued,  and  such  interest 
shall  be  payable  semi-annually. 

SEC.  3.  And  be  it  further  ordained,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 


ORDINANCES  621 

cil  of  Baltimore  be,  and  they  are  hereby,  authorized  to  pass 
a  resolution  or  resolutions,  from  time  to  time,  to  determine 
and  set  forth  any  or  all  of  the  following: 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under  the 
provisions  of  this  Ordinance  at  any  particular  time,  in- 
cluding any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 
provisions,  if  any,  for  the  issuance  of  fully  registered  bonds; 
the  provisions,  if  any,  for  the  registration  as  to  principal  of 
any  coupon  bonds;  and  the  provisions,  if  any,  for  the  con- 
version and  reconversion  into  coupon  bonds  of  any  fully 
registered  bonds  or  coupon  bonds  registered  as  to  principal; 
the  place  or  places  for  the  payment  of  principal  and  interest 
of  said  bonds;  and  the  date  of  said  bonds  issued  at  any 
particular  time,  and  the  right  of  redemption  of  said  bonds 
by  the  City  prior  to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof;  the 
form,  terms  and  conditions  of  such  bids;  the  time,  place 
and  manner  of  awarding  bonds  so  bid  for,  including  the 
right  whenever  any  of  the  bonds  authorized  by  this  Ordi- 
nance are  offered  for  sale  and  sold  at  the  same  time  as  other 
bonds  of  said  city,  to  establish  the  conditions  for  bids  and 
awards  and  to  award  all  of  said  bonds  on  an  all  or  none 
basis;  and  the  time,  place,  terms  and  manner  of  settlement 
for  the  bonds  so  bid  for. 

Sec.  4.  And  be  it  further  ordamed,  That:  (a)  All  pre- 
miums resulting  from  the  sale  of  any  of  the  bonds  issued 
and  sold  pursuant  to  the  provisions  of  this  Ordinance  shall 
be  applied  first  to  defray  the  cost  of  issuance  thereof  and 
the  balance,  if  any,  shall  be  applied  to  the  payment  of  in- 
terest on  any  of  said  bonds  becoming  due  and  payable  dur- 
ing the  fiscal  year  in  which  said  bonds  are  issued  and  sold 
or  during  the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Or- 
dinance, and  the  bonds  issued  and  sold  pursuant  thereto 


622  ORDINANCES  Ord.  No.  789 

and  their  transfer,  and  the  principal  and  interest  payable 
thereon  (including-  any  profit  made  in  the  sale  thereof), 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  provisions 
of  this  Ordinance  shall  be  sold  at  public  sale  to  the  highest 
responsible  bidder  or  bidders  therefor  after  due  notice  of 
such  sale,  but  the  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  Commissioners  of  Finance  there- 
of, shall  have  the  right  to  reject  any  or  all  bids  therefor 
for  any  reason,  and  thereafter  reoffer  such  bonds  at  public 
sale  as  aforesaid  or  at  private  sale,  provided  that  if  such 
bonds  be  offered  at  private  sale  they  shall  be  offered  for 
sale  and  sold  for  not  less  than  par  and  accrued  interest. 

Sec.  5.  And  be  it  further  ordained,  That  until  all  of  the 
interest  on  and  principal  of  any  bonds  issued  pursuant  to 
the  provisions  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suffi- 
cient to  produce  revenue  to  pay  all  interest  on  and  prin- 
cipal of  all  bonds  theretofore  issued  and  outstanding  or 
authorized  to  be  issued  and  outstanding,  payable  in  the 
next  succeeding  year. 

Sec.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval,  at  the  General 
Election  to  be  held  in  Baltimore  City  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the 
date  of  the  election  hereinbefore  mentioned,  notice  shall  be 
given  to  the  public  of  the  amount  of  money  which  the 
Mayor  and  City  Council  of  Baltimore  is  authorized  to 
borrow,  and  the  general  purposes  for  which  such  borrowed 
funds  may  be  expended,  under  the  terms  and  provisions  of 
this  Ordinance,  and  the  time  when  the  election  hereinbe- 
fore mentioned  is  to  be  held;  and  such  public  notice  shall 
be  given  in  such  manner  and  by  such  means  or  through 
such  media  and  at  such  time  or  times  as  may  be  deter- 


ORDINANCES  623 

mined,  from  time  to  time,  by  a  majority  of  the  Commis- 
sioners of  Finance. 

Sec.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to 
be  issued  under  the  provisions  of  this  Ordinance,  not  ex- 
ceeding the  par  value  thereof,  shall  be  used  exclusively  for 
the  following  purposes,  to  wit: 

(a)  So  much  thereof  as  may  be  necessary,  in  addition 
to  the  premiums  realized  from  the  sale,  if  any,  for  the  cost 
of  issuance,  including  the  expense  of  engraving,  printing, 
advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith;  and 

(b)  The  remainder  of  such  proceeds  shall  be  used  to 
make  or  contract  to  make  financial  loans  to  the  owners 
of  buildings  or  structures  located  within  the  boundaries  of 
Baltimore  City,  which  are  used  or  occupied  for  commercial 
purposes,  for  or  in  connection  with  rehabilitating,  renovat- 
ing, redeveloping  or  improving  said  buildings  or  structures; 
to  guarantee  or  insure  financial  loans  made  by  third  par- 
ties to  the  owners  of  buildings  or  structures  located  within 
the  boundary  lines  of  Baltimore  City,  which  are  used  or 
occupied  for  commercial  purposes,  for  or  in  connection  with 
rehabilitating,  renovating,  redeveloping  or  improving  said 
buildings  or  structures,  and  for  doing  any  and  all  things 
necessary,  proper  or  expedient  in  connection  with  or  per- 
taining to  any  or  all  of  the  matters  or  things  hereinbefore 
mentioned. 

Sec.  9.  And  be  it  further  ordained,  That  no  part  of  the 
proceeds  of  sale  of  the  bonds  hereby  authorized  to  be  is- 
sued shall  be  expended  until  after  the  Commissioners  of 
Finance  have  determined,  based  upon  such  data  as  said 
Commissioners  of  Finance  shall  require  to  be  submitted  to 
them  to  enable  them  to  make  such  determination,  that  any 
financial  loans  made,  guaranteed  or  insured  from  such  pro- 
ceeds shall,  in  fact,  be  self-supporting. 

Sec.  10.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  author- 
ized to  be  issued  under  the  provisions  of  this  Ordinance 
shall  be  in  accordance  with  the  provisions  of  the  Charter 


624  ORDINANCES  Ord.  No.  790 

of  the  Mayor  and  City  Council  of  Baltimore,  and  by  the 
municipal  agency  designated  in  the  annual  Ordinance  of 
Estimates  of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  790 
(Council  No.  1605) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  129  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and 
sell  its  Certificates  of  Indebtedness  to  an  amount  not 
exceeding  One  Million  Dollars  ($1,000,000.00),  the  pro- 
ceeds derived  from  the  sale  of  the  same  to  be  used  for 
the  cost  of  issuance,  including  the  expense  of  engraving, 
printing,  advertising,  attorneys'  fees,  and  all  other  inci- 
dental expenses  in  connection  therewith,  and  the  re- 
mainder of  such  proceeds  to  be  used  for  additions  and 
improvements  to,  or  the  renovation,  modernization,  or  re- 
construction of,  existing  public  market  buildings,  struc- 
tures, and  facilities  owned  or  controlled  by  the  Mayor 
and  City  Council  of  Baltimore,  to  be  or  now  being  used 
for  or  in  connection  with  the  operations,  functions,  and 
activities  of  the  public  markets  of  Baltimore  City,  and 
for  acquiring  and  installing  equipment  for  any  and  all 
buildings,  structures,  or  facilities  authorized  to  be  im- 
proved, renovated,  or  modernized  under  the  provisions 
hereof;  and  for  doing  any  and  all  things  necessary, 
proper,  or  expedient  in  connection  with  or  pertaining  to 
any  or  all  of  the  matters  or  things  hereinbefore  men- 
tioned ;  to  confer  and  impose  upon  the  Commissioners  of 
Finance  of  Baltimore  City  certain  powers  and  duties;  to 
authorize  the  submission  of  this  ordinance  to  the  legal 
voters  of  the  City  of  Baltimore,  for  their  approval  or 
disapproval,  at  the  General  Election  to  be  held  in  Balti- 
more City  on  Tuesday,  the  7th  day  of  November,  1978, 
and  providing  for  the  expenditure  of  the  proceeds  of 


ORDINANCES  626 

sale  of  said  certificates  of  indebtedness  in  accordance 
with  the  provisions  of  the  Charter  of  the  Mayor  and 
City  Council  of  Baltimore,  and  by  the  municipal  agency 
designated  in  the  annual  Ordinance  of  Estimates  of  the 
Mayor  and  City  Council  of  Baltimore. 

Whereas,  by  Chapter  129  of  the  Acts  of  the  General 
Assembly  of  Maryland  of  1978,  the  Mayor  and  City  Coun- 
cil of  Baltimore  is  authorized  to  create  a  debt,  and  to  issue 
and  sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  in  an  amount  not  exceeding 
One  Million  Dollars  ($1,000,000.00)  in  the  manner  and  upon 
the  terms  set  forth  in  said  Act,  the  net  cash  proceeds  de- 
rived from  the  sale  of  said  bonds,  not  exceeding  the  par 
value  of  said  bonds,  to  be  used  for  the  renovation,  mod- 
ernization, reconstruction,  and  equipment  of  certain  public 
market  buildings  as  authorized  by  said  Act ;  and 

Whereas,  Funds  are  now  needed  for  said  purpose; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Coun- 
cil of  Baltimore,  That  the  Mayor  and  City  Council  of  Bal- 
timore, acting  by  and  through  the  Commissioners  of  Fi- 
nance of  said  municipality,  be  and  it  is  hereby  authorized 
and  empowered  to  issue  bonds  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  to  an  amount  not  exceeding  One  Million 
Dollars  ($1,000,000.00)  from  time  to  time,  as  the  same  may 
be  needed  or  required  for  the  purposes  hereinafter  named 
and  said  bonds  shall  be  sold  by  said  Commissioners  of 
Finance  from  time  to  time  and  at  such  times  as  shall  be 
requisite,  and  the  proceeds  derived  from  the  sale  of  said 
bonds  shall  be  used  for  the  purposes  hereinafter  named, 
provided  that  this  Ordinance  shall  not  become  effective 
unless  it  shall  be  approved  by  a  majority  of  the  votes  of 
the  legal  voters  of  Baltimore  City  cast  at  the  time  and 
place  hereinafter  designated  by  this  Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  said  bonds  shall 
be  issued  in  denominations  of  not  less  than  One  Thousand 
Dollars  ($1,000.00)  each,  but  may  be  in  sums  of  One 
Thousand  Dollars  ($1,000.00)  or  any  suitable  multiple 
thereof,  to  be  redeemable  in  ten  (10)  yearly  series  on  the 


626  ORDINANCES  Ord.  No.  790 

fifteenth  day  of  October  in  each  of  the  years  and  in  the 
amounts  as  set  forth  in  the  following  schedule: 

Each  of  the  Years  Amount  in  each 

1983  through  1992  of  the  Years 

both  inclusive  $100,000.00 

Said  bonds,  when  issued,  shall  bear  interest  at  such  rate 
or  rates  as  may  be  determined  by  a  majority  of  the  Com- 
missioners of  Finance  by  resolution  at  such  time  or  times 
when  any  of  said  bonds  are  issued,  the  interest  to  be  pay- 
able semi-annually  on  the  fifteenth  day  of  April  and  the 
fifteenth  day  of  October,  in  each  year  after  issuance,  dur- 
ing the  respective  periods  that  the  series  in  which  said 
bonds  are  issued  may  run. 

Sec.  3.  And  be  it  further  ordained,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  be,  and  they  are  hereby,  authorized  to  pass 
a  resolution  or  resolutions,  from  time  to  time,  to  determine 
and  set  forth  any  and  all  of  the  following: 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under  the 
provisions  of  this  Ordinance  at  any  particular  time,  includ- 
ing any  interest  coupons  to  be  attached  thereto;  the  provi- 
sions, if  any,  for  the  issuance  of  coupon  bonds;  the  provi- 
sions, if  any,  for  the  issuance  of  fully  registered  bonds ;  the 
provisions,  if  any,  for  the  registration  as  to  principal  of 
any  coupon  bonds;  and  the  provisions,  if  any,  for  the  con- 
version and  reconversion  into  coupon  bonds  of  any  fully 
registered  bonds  or  coupon  bonds  registered  as  to  principal ; 
the  place  or  places  for  the  payment  of  principal  and  in- 
terest of  said  bonds;  and  the  date  of  said  bonds  issued  at 
any  particular  time  and  the  right  of  redemption  of  said 
bonds  by  the  City  prior  to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof; 
the  form,  terms  and  conditions  of  such  bids;  the  time, 
place  and  manner  of  awarding  bonds  so  bid  for,  including 
the  right  whenever  any  of  the  bonds  authorized  by  this 


ORDINANCES  627 

Ordinance  are  offered  for  sale  and  sold  at  the  same  time 
as  other  bonds  of  said  corporation,  to  establish  the  condi- 
tions for  bids  and  awards  and  to  award  all  of  said  bonds  on 
an  all  or  none  basis;  and  the  time,  place,  terms  and  manner 
of  settlement  for  the  bonds  so  bid  for. 

SEC.  4.  And  be  it  further  ordained,  That  (a)  All  premi- 
ums resulting  from  the  sale  of  any  of  the  bonds  issued  and 
sold  pursuant  to  the  provisions  of  this  Ordinance  shall  be 
applied  first  to  defray  the  cost  of  issuance  thereof  and  the 
balance,  if  any,  shall  be  applied  to  the  payment  of  interest 
on  any  of  said  bonds  becoming  due  and  payable  during  the 
fiscal  year  in  which  said  bonds  are  issued  and  sold  or  during 
the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Ordi- 
nance, and  the  bonds  issued  and  sold  pursuant  thereto  and 
their  transfer,  and  the  principal  and  interest  payable 
thereon  (including  any  profit  made  in  the  sale  thereof), 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  pro- 
visions of  this  Ordinance  shall  be  sold  at  public  sale  to  the 
highest  responsible  bidder  or  bidders  therefor  after  due 
notice  of  such  sale,  but  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  Commissioners  of  Finance 
thereof,  shall  have  the  right  to  reject  any  or  all  bids 
therefor  for  any  reason,  and  thereafter  reoffer  such  bonds 
at  public  sale  as  aforesaid  or  at  private  sale,  provided  that 
if  such  bonds  be  offered  at  private  sale  they  shall  be  offered 
for  sale  and  sold  for  not  less  than  par  and  accrued  interest. 

SEC.  5.  And  be  it  further  ordained,  That  until  all  the  in- 
terest on  and  principal  of  any  bonds  issued  pursuant  to  the 
provisions  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suf- 
ficient to  produce  revenue  to  pay  all  interest  on  and  prin- 
cipal of  all  bonds  theretofore  issued  and  outstanding  or 
authorized  to  be  issued  and  outstanding,  payable  in  the  next 
succeeding  year. 


628  ORDINANCES  Ord.  No.  790 

Sec.  6.  And  be  it  further  ordavned,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval,  at  the  General 
Election  to  be  held  in  Baltimore  City,  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the  date 
of  the  election  hereinbefore  mentioned,  notice  shall  be  given 
to  the  public  of  the  amount  of  money  which  the  Mayor  and 
City  Council  of  Baltimore  is  authorized  to  borrow,  and  the 
general  purposes  for  which  such  borrowed  funds  may  be 
expended,  under  the  terms  and  provisions  of  this  Ordinance, 
and  the  time  when  the  election  hereinbefore  mentioned  is 
to  be  held;  and  such  public  notice  shall  be  given  in  such 
manner  and  by  such  means  or  through  such  media  and  at 
such  time  or  times  as  may  be  determined,  from  time  to  time, 
by  a  majority  of  the  Commissioners  of  Finance. 

Sec.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to  be 
issued  under  the  provisions  of  this  Ordinance,  not  exceeding 
the  par  value  thereof,  shall  be  used  exclusively  for  the  fol- 
lowing purposes: 

(a)  So  much  thereof  as  may  be  necessary  in  addition 
to  the  premiums  realized  from  the  sale,  if  any,  for  the  cost 
of  issuance,  including  the  expenses  of  engraving,  printing, 
advertising,  attoraeys,  fees,  and  all  other  incidental  ex- 
penses connected  therewith;  and 

(b)  The  remainder  of  such  proceeds  shall  be  used  for 
additions  and  improvements  to,  or  the  renovation,  mod- 
ernization or  reconstruction  of,  existing  public  market 
buildings,  structures  and  facilities  owned  or  controlled  by 
the  Mayor  and  City  Council  of  Baltimore,  to  be  or  now 
being  used  for  or  in  connection  with  the  operations,  func- 
tions and  activities  of  the  public  markets  of  Baltimore  City, 
and  for  acquiring  and  installing  equipment  for  any  and  all 
buildings,  structures  or  facilities  authorized  to  be  im- 
proved, renovated,  or  modernized  under  the  provisions 
hereof,  and  for  doing  any  and  all  things  necessary,  proper, 
or  expedient  in  connection  with  or  pertaining  to  any  or  all 
of  the  matters  or  things  hereinbefore  mentioned. 


ORDINANCES  629 

Sec.  9.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  author- 
ized to  be  issued  under  the  provisions  of  this  ordinance 
shall  be  in  accordance  with  the  provisions  of  the  Charter  of 
the  Mayor  and  City  Council  of  Baltimore,  and  by  the 
municipal  agency  designated  in  the  annual  Ordinance  of 
Estimates  of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  791 
(Council  No.  1606) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  130  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and 
sell  its  certificates  of  indebtedness  to  an  amount  not  ex- 
ceeding Seven  Million  Five  Hundred  Thousand  Dollars 
($7,500,000.00),  the  proceeds  derived  from  the  sale  of 
the  same  to  be  used  for  the  cost  of  issuance,  including  the 
expense  of  engraving,  printing,  advertising,  attorneys' 
fees,  and  all  other  incidental  expenses  connected  there- 
with, and  the  remainder  of  such  proceeds  shall  be  used 
to  make  or  contract  to  make  financial  loans  to  any  person 
or  other  legal  entity  to  be  used  for  or  in  connection  with 
the  purchase,  acquisition,  construction,  reconstruction, 
erection,  development,  redevelopment,  rehabilitation, 
renovation,  modernization  or  improvement  of  buildings 
or  structures,  including  any  land  necessary  therefor, 
within  the  boundaries  of  Baltimore  City,  which  buildings 
or  structures  are  to  be  used  or  occupied  for  industrial 
purposes;  to  guarantee  or  insure  financial  loans  made  by 
third  parties  to  any  person  or  other  legal  entity  which 
are  to  be  used  for  or  in  connection  with  the  purchase, 
acquisition,  construction,  reconstruction,  erection,  devel- 
opment, redevelopment,  rehabilitation,  renovation,  mod- 
ernization or  improvement  of  buildings  or  structures,  in- 
cluding any  land  necessary  therefor,  within  the  bound- 


630  ORDINANCES  Ord.  No.  791 

aries  of  Baltimore  City,  which  buildings  or  structures  are 
to  be  used  or  occupied  for  industrial  purposes,  and  for 
doing  any  and  all  things  necessary,  proper  or  expedient 
in  connection  with  or  pertaining  to  any  or  all  of  the 
matters  or  things  hereinbefore  mentioned;  conferring 
and  imposing  upon  the  Commissioners  of  Finance  of 
Baltimore  City  certain  powers  and  duties;  authorizing 
the  submission  of  this  Ordinance  to  the  legal  voters  of 
the  City  of  Baltimore,  far  their  approval  or  disapproval, 
at  the  General  Election  to  be  held  in  Baltimore  City  on 
Tuesday,  the  7th  day  of  November,  1978;  providing  that 
the  financial  loans  made,  guaranteed  or  insured  shall  be 
self-supporting,  and  providing  for  the  expenditure  of  the 
proceeds  of  said  certificates  of  indebtedness  in  accordance 
with  the  provisions  of  the  Charter  of  the  Mayor  and  City 
Council  of  Baltimore,  and  by  the  municipal  agency  desig- 
nated in  the  annual  Ordinance  of  Estimates  of  the  Mayor 
and  City  Council  of  Baltimore. 

Whereas,  by  Chapter  130  of  the  Acts  of  the  General  As- 
sembly of  Maryland  of  1978,  the  Mayor  and  City  Council 
of  Baltimore  is  authorized  to  create  a  debt  and  to  issue  and 
sell  its  certificates  of  indebtedness  (hereinafter  called 
"'bonds")  as  evidence  thereof,  to  an  amount  not  exceeding 
Seven  Million  Five  Hundred  Thousand  Dollars  ($7,500,- 
000.00),  in  the  manner  and  upon  the  terms  set  forth  in 
said  Act,  the  proceeds  thereof,  not  exceeding  the  par  value 
of  said  certificates  of  indebtedness,  to  be  used  for  or  in  con- 
nection with  making,  guaranteeing,  or  insuring  financial 
loans  for  purchasing,  acquiring,  constructing,  recon- 
structing, erecting,  developing,  redeveloping,  rehabilitating, 
renovating,  modernizing  or  improving  industrial  properties 
in  Baltimore  City,  as  authorized  by  said  Act;  and 

Whereas,  Funds  are  now  needed  for  said  purposes; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Mayor  and  City  Council  of  Balti- 
more, acting  by  and  through  the  Commissioners  of  Finance 
of  said  municipality,  be  and  it  is  hereby  authorized  and 
empowered  to  issue  bonds  of  the  Mayor  and  City  Council 
of  Baltimore  to  an  amount  not  exceeding  Seven  Million  Five 


ORDINANCES  631 

Hundred  Thousand  Dollars  ($7,500,000.00),  from  time  to 
time,  as  the  same  may  be  needed  or  required  for  the  pur- 
poses hereinafter  named  and  said  bonds  shall  be  sold  by 
said  Commissioners  of  Finance  from  time  to  time  and  at 
such  times  as  shall  be  requisite,  and  the  proceeds  derived 
from  the  sale  of  said  bonds  shall  be  used  for  the  purposes 
hereinafter  named,  provided  that  this  Ordinance  shall  not 
become  effective  unless  it  shall  be  approved  by  a  majority 
of  the  votes  of  the  legal  voters  of  Baltimore  City  cast  at  the 
time  and  place  hereinafter  designated  by  this  Ordinance. 

SEC.  2.  And  be  it  further  ordained,  That: 

(a)  Said  bonds  shall  be  issued  in  denominations  of  not 
less  than  One  Thousand  Dollars  ($1,000.00)  each,  but  may 
be  in  sums  of  One  Thousand  Dollars  ($1,000.00),  or  any 
suitable  multiple  thereof. 

(b)  Said  bonds,  or  any  part  thereof,  shall  be  issued  in 
accordance  with  a  serial  maturity  plan  so  worked  out  as  to 
discharge  the  entire  principal  amount  represented  thereby 
within  not  more  than  forty  (40)  years  from  the  date  of 
their  issuance;  provided,  however,  that  it  shall  not  be 
necessary  to  provide  for  the  maturity  of  any  part  of  the 
principal  amount  represented  by  any  of  said  bonds  for  the 
first  five  (5)  years  from  the  date  of  their  issuance. 

(c)  Said  bonds,  when  issued,  shall  bear  interest  at  such 
rate  or  rates  as  may  be  determined  by  a  majority  of  the 
Commissioners  of  Finance  by  resolution  at  such  time  or 
times  when  any  of  said  bonds  are  issued,  and  such  interest 
shall  be  payable  semi-<annually. 

Sec.  3.  And  be  it  further  ordained,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  be,  and  they  are  hereby,  authorized  to  pass 
a  resolution  or  resolutions,  from  time  to  time,  to  determine 
and  set  forth  any  or  all  of  the  following: 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under  the 
provisions  of  this  Ordinance  at  any  particular  time,  in- 
cluding any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 
provisions,  if  any,  for  the  issuance  of  fully  registered  bonds; 


632  ORDINANCES  Ord.  No.  791 

the  provisions,  if  any,  for  the  registration  as  to  principal 
of  any  coupon  bonds;  and  the  provisions,  if  any,  for  the 
conversion  and  reconversion  into  coupon  bonds  of  any  fully 
registered  bonds  or  coupon  bonds  registered  as  to  principal; 
the  place  or  places  for  the  payment  of  principal  and  interest 
of  said  bonds;  and  the  date  of  said  bonds  issued  at  any  par- 
ticular time,  and  the  right  of  redemption  of  said  bonds  by 
the  City  prior  to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof;  the 
form,  terms  and  conditions  of  such  bids;  the  time,  place  and 
manner  of  awarding  bonds  so  bid  for,  including  the  right 
whenever  any  of  the  bonds  authorized  by  this  Ordinance 
are  offered  for  sale  and  sold  at  the  same  time  as  other  bonds 
of  said  City,  to  establish  the  conditions  for  bids  and  awards 
and  to  award  all  of  said  bonds  on  an  all  or  none  basis;  and 
the  rime,  place,  terms  and  manner  of  settlement  for  the 
bonds  so  bid  for. 

Sec.  4.  And  be  it  further  ordained,  That:  (a)  All  pre- 
miums resulting  from  the  sale  of  any  of  the  bonds  is- 
sued and  sold  pursuant  to  the  provisions  of  this  Ordinance 
shall  be  applied  first  to  defray  the  cost  of  issuance  thereof 
and  the  balance,  if  any,  shall  be  applied  to  the  payment  of 
interest  on  any  of  said  bonds  becoming  due  and  payable 
during  the  fiscal  year  in  which  said  bonds  are  issued  and 
sold  or  during  the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Or- 
dinance, and  the  bonds  issued  and  sold  pui'suant  thereto 
and  their  transfer,  and  the  principal  and  interest  payable 
thereon  (including  any  profit  made  in  the  sale  thereof) 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  provi- 
sions of  this  Ordinance  shall  be  sold  at  public  sale  to  the 
highest  responsible  bidder  or  bidders  therefor  after  due 
notice  of  such  sale,  but  the  Mayor  and  City  Council  of 
Baltimore,  acting  by  and  through  the  Commissioners  of 
Finance  thereof,  shall  have  the  right  to  reject  any  or  all 


ORDINANCES  633 

bids  therefor  for  any  reason,  and  thereafter  reoffer  such 
bonds  at  public  sale  as  aforesaid  or  at  private  sale,  pro- 
vided that  if  such  bonds  be  offered  at  private  sale  they 
shall  be  offered  for  sale  and  sold  for  not  less  than  par  and 
accrued  interest. 

Sec.  5.  And  be  it  further  ordained,  That  until  all  of  the 
interest  on  and  principal  of  any  bonds  issued  pursuant  to 
the  provisions  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suffi- 
cient to  produce  revenue  to  pay  all  interest  on  and  principal 
of  all  bonds  theretofore  issued  and  outstanding  or  author- 
ized to  be  issued  and  outstanding,  payable  in  the  next  suc- 
ceeding year. 

Sec.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval,  at  the  General 
Election  to  be  held  in  Baltimore  City  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the 
date  of  the  election  hereinbefore  mentioned,  notice  shall  be 
given  to  the  public  of  the  amount  of  money  which  the 
Mayor  and  City  Council  of  Baltimore  is  authorized  to  bor- 
row, and  the  general  purposes  for  which  such  borrowed 
funds  may  be  expended,  under  the  terms  and  provisions  of 
this  Ordinance,  and  the  time  when  the  election  herein- 
before mentioned  is  to  be  held ;  and  such  public  notice  shall 
be  given  in  such  manner  and  by  such  means  or  through 
such  media  and  at  such  time  or  times  as  may  be  deter- 
mined, from  time  to  time,  by  a  majority  of  the  Commis- 
sioners of  Finance. 

Sec.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized 
to  be  issued  under  the  provisions  of  this  Ordinance,  not  ex- 
ceeding the  par  value  thereof,  shall  be  used  exclusively  for 
the  following  purposes,  to  wit : 

(a)  So  much  thereof  as  may  be  necessary,  in  addition 
to  the  premiums  realized  from  the  sale,  if  any,  for  the  cost 


634  ORDINANCES  Ord.  No.  791 

of  issuance,  including  the  expense  of  engraving,  printing, 
advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith;  and 

(b)  The  remainder  of  such  proceeds  to  be  used  to  make 
or  contract  to  make  financial  loans  to  any  person  or  other 
legal  entity  to  be  used  for  or  in  connection  with  the  pur- 
chase, acquisition,  construction,  reconstruction,  erection, 
development,  redevelopment,  rehabilitation,  renovation, 
modernization  or  improvement  of  buildings  or  structures, 
including  any  land  necessary  therefor,  within  the  boun- 
daries of  Baltimore  City,  which  buildings  or  structures  are 
to  be  used  or  occupied  for  industrial  purposes ;  to  guarantee 
or  insure  financial  loans  by  third  parties  to  any  person  or 
other  legal  entity  which  are  to  be  used  for  or  in  connection 
with  the  purchase,  acquisition,  construction,  reconstruction, 
erection,  development,  redevelopment,  rehabilitation,  reno- 
vation, modernization  or  improvement  of  buildings  or  struc- 
tures, including  any  land  necessary  therefor,  within  the 
boundaries  of  Baltimore  City,  which  buildings  or  structures 
are  to  be  used  or  occupied  for  industrial  purposes;  and  for 
doing  any  and  all  things  necessary,  proper  or  expedient  in 
connection  with  or  pertaining  to  any  or  all  of  the  matters 
or  things  hereinbefore  mentioned; 

Sec.  9.  And  be  it  further  ordained,  That  no  part  of  the 
proceeds  of  sale  of  the  bonds  hereby  authorized  to  be 
issued  shall  be  expended  until  after  the  Commissioners  of 
Finance  have  determined,  based  upon  such  data  as  said 
Commissioners  of  Finance  shall  require  to  be  submitted  to 
them  to  enable  them  to  make  such  determination,  that  any 
financial  loans  made,  guaranteed  or  insured  from  such  pro- 
ceeds, shall,  in  fact,  be  self-supporting. 

Sec.  10.  And  be  it  further  ordained,  That  the  expendi- 
ture of  the  proceeds  derived  from  the  sale  of  the  bonds 
authorized  to  be  issued  under  the  provisions  of  this  Ordi- 
nance shall  be  in  accordance  with  the  provisions  of  the 
Charter  of  the  Mayor  and  City  Council  of  Baltimore,  and 
by  the  municipal  agency  designated  in  the  annual  Ordinance 
of  Estimates  of  the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  635 

No.  792 
(Council  No.  1607) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  (pursuant  to  Chapter  131  of  the  Acts  of  the 
General  Assembly  of  Maryland  of  1978),  to  issue  and 
sell  its  Certificates  of  Indebtedness  to  an  amount  not 
exceeding  One  Million  Five  Hundred  Fifty  Thousand  Dol- 
lars ($1,550,000.00),  the  proceeds  derived  from  the  sale 
of  the  same  to  be  used  for  the  cost  of  issuance,  including 
the  expense  of  engraving,  printing,  advertising,  attor- 
neys' fees,  and  all  other  incidental  expenses  connected 
therewith,  and  the  remainder  of  such  proceeds  shall  be 
used  for  the  acquisition,  by  purchase,  condemnation  or 
any  other  legal  means,  of  land  or  property,  or  any  rights 
therein,  in  the  City  of  Baltimore,  and  for  constructing 
and  erecting  on  said  land  or  property,  or  on  any  land 
or  property  now  or  hereafter  owned  by  the  Mayor  and 
City  Council  of  Baltimore,  buildings,  structures  or  facili- 
ties to  be  used  by  the  Fire  Department  of  Baltimore  City 
for  fire  stations,  and  for  the  acquisition  and  installation 
of  equipment  for  any  and  all  existing  facilities  or  new 
facilities  authorized  to  be  constructed  or  erected  under 
the  provisions  hereof,  and  for  doing  any  and  all  things 
necessary,  proper  or  expedient  in  connection  with  or  per- 
taining to  any  or  all  of  the  matters  or  things  hereinbe- 
fore mentioned;  to  confer  and  impose  upon  the  Commis- 
sioners of  Finance  of  Baltimore  City  certain  powers  and 
duties;  to  authorize  the  submission  of  this  Ordinance  to 
the  legal  voters  of  the  City  of  Baltimore,  for  their  ap- 
proval or  disapproval,  at  the  General  Election  to  be  held 
in  Baltimore  City  on  Tuesday,  the  7th  day  of  November, 
1978,  and  providing  for  the  expenditure  of  the  proceeds 
of  sale  of  said  Certificates  of  Indebtedness  in  accordance 
with  the  provisions  of  the  Charter  of  the  Mayor  and  City 
Council  of  Baltimore,  and  by  the  municipal  agency  desig- 
nated in  the  annual  Ordinance  of  Estimates  of  the  Mayor 
and  City  Council  of  Baltimore. 

Whereas,  by  Chapter  131  of  the  Acts  of  the  General 
Assembly  of  Maryland  of  1978,  the  Mayor  and  City  Council 
of  Baltimore  is  authorized  to  create  a  debt,  and  to  issue 


636  ORDINANCES  Ord.  No.  792 

and  sell  its  certificates  of  indebtedness  (hereinafter  called 
"bonds")  as  evidence  thereof,  in  an  amount  not  exceeding 
One  Million  Five  Hundred  Fifty  Thousand  Dollars  ($1,550,- 
000.00),  in  the  manner  and  upon  the  terms  set  forth  in 
said  Act,  the  net  cash  proceeds  derived  from  the  sale  of 
said  bonds,  not  exceeding-  the  par  value  of  said  bonds,  to 
be  used  for  the  construction,  erection  and  equipment  of 
Fire  Department  buildings,  structures  or  facilities  as  au- 
thorized by  said  Act;  and 

Whereas,  Funds  are  now  needed  for  said  purposes; 
therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Coun- 
cil of  Baltimore,  That  the  Mayor  and  City  Council  of  Bal- 
timore, acting  by  and  through  the  Commissioners  of  Fi- 
nance of  said  municipality,  be  and  it  is  hereby  authorized 
and  empowered  to  issue  bonds  of  the  Mayor  and  City 
Council  of  Baltimore  to  an  amount  not  exceeding  One  Mil- 
lion Five  Hundred  Fifty  Thousand  Dollars  ($1,550,000.00), 
from  time  to  time,  as  the  same  may  be  needed  or  required 
for  the  purposes  hereinafter  named  and  said  bonds  shall  be 
sold  by  said  Commissioners  of  Finance  from  time  to  time, 
and  at  such  times  as  shall  be  requisite,  and  the  proceeds 
derived  from  the  sale  of  said  bonds  shall  be  used  for  the 
purposes  hereinafter  named,  provided  that  this  Ordinance 
shall  not  become  effective  unless  it  shall  be  approved  by  a 
majority  of  the  votes  of  the  legal  voters  of  Baltimore  City 
cast  at  the  time  and  place  hereinafter  designated  by  this 
Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  said  bonds  shall 
be  issued  in  denominations  of  not  less  than  One  Thousand 
Dollars  ($1,000.00)  each,  but  may  be  in  sums  of  One 
Thousand  Dollars  ($1,000.00)  or  any  suitable  multiple 
thereof,  to  be  redeemable  in  Ten  (10)  yearly  series  on  the 
fifteenth  day  of  October  in  each  of  the  years  and  in  the 
amounts  as  set  forth  in  the  following  schedule: 

Each  of  the  Years  Amount  in  each 

1982  through  1991,  of  the  Years 

both  inclusive  $155,000.00 

Said  bonds,  when  issued,  shall  bear  interest  at  such  rate 
or  rates  as  may  be  determined  by  a  majority  of  the  Com- 


ORDINANCES  637 

missioners  of  Finance  by  resolution  at  such  time  or  times 
when  any  of  said  bonds  are  issued,  the  interest  to  be  pay- 
able semi-annually  on  the  fifteenth  day  of  April  and  the  fif- 
teenth day  of  October,  in  each  year  after  issuance,  during 
the  respective  periods  that  the  series  in  which  said  bonds 
are  issued  may  run. 

Sec.  3.  And  be  it  further  ordained,  That  a  majority  of 
the  Commissioners  of  Finance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  be,  and  they  are  hereby,  authorized  to 
pass  a  resolution  or  resolutions,  from  time  to  time,  to  de- 
termine and  set  forth  any  or  all  of  the  following: 

(a)  The  form  or  forms  of  the  bonds  representing  the 
debt,  or  any  part  thereof,  authorized  to  be  issued  under 
the  provisions  of  this  Ordinance  at  any  particular  time, 
including  any  interest  coupons  to  be  attached  thereto;  the 
provisions,  if  any,  for  the  issuance  of  coupon  bonds;  the 
provisions,  if  any,  for  the  issuance  of  fully  registered 
bonds;  the  provisions,  if  any,  for  the  registration  as  to 
principal  of  any  coupon  bonds;  and  the  provisions,  if  any, 
for  the  conversion  and  reconversion  into  coupon  bonds  of 
any  fully  registered  bonds  or  coupon  bonds  registered  as  to 
principal;  the  place  or  places  for  the  payment  of  principal 
and  interest  of  said  bonds;  and  the  date  of  said  bonds  is- 
sued at  any  particular  time  and  the  right  of  redemption  of 
said  bonds  by  the  City  prior  to  maturity;  and 

(b)  The  time,  place,  manner  and  medium  of  advertise- 
ment of  the  readiness  of  the  Commissioners  of  Finance, 
acting  for  and  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  to  receive  bids  for  the  purchase  of  the  bonds 
authorized  to  be  issued  hereunder,  or  any  part  thereof; 
the  form,  terms  and  conditions  of  such  bids ;  the  time,  place 
and  manner  of  awarding  bonds  so  bid  for,  including  the 
right  whenever  any  of  the  bonds  authorized  by  this  Ordi- 
nance are  offered  for  sale  and  sold  at  the  same  time  as 
other  bonds  of  said  corporation,  to  establish  the  conditions 
for  bids  and  awards  and  to  award  all  of  said  bonds  on  an 
all  or  none  basis;  and  the  time,  place,  terms  and  manner 
of  settlement  for  the  bonds  so  bid  for. 

Sec.  4.  And  be  it  further  ordained,  That:  (a)  All  premi- 
ums resulting  from  the  sale  of  any  of  the  bonds  issued  and 


638  ORDINANCES  Ord.  No.  792 

sold  pursuant  to  the  provisions  of  this  Ordinance  shall  be 
applied  first  to  defray  the  cost  of  issuance  thereof  and  the 
balance,  if  any,  shall  be  applied  to  the  payment  of  interest 
on  any  of  said  bonds  becoming  due  and  payable  during  the 
fiscal  year  in  which  said  bonds  are  issued  and  sold  or  during 
the  next  succeeding  fiscal  year. 

(b)  The  debt  authorized  by  the  provisions  of  this  Ordi- 
nance, and  the  bonds  issued  and  sold  pursuant  thereto  and 
their  transfer,  and  the  principal  and  interest  payable 
thereon  (including  any  profit  made  in  the  sale  thereof), 
shall  be  and  remain  exempt  from  any  and  all  State,  county 
and  municipal  taxation  in  the  State  of  Maryland. 

(c)  All  bonds  issued  and  sold  pursuant  to  the  provisions 
of  this  Ordinance  shall  be  sold  at  public  sale  to  the  highest 
responsible  bidder  or  bidders  therefor  after  due  notice  of 
such  sale,  but  the  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  Commissioners  of  Finance  there- 
of, shall  have  the  right  to  reject  any  or  all  bids  therefor  for 
any  reason,  and  thereafter  reoffer  such  bonds  at  public  sale 
as  aforesaid  or  at  private  sale,  provided  that  if  such  bonds 
be  offered  at  private  sale  they  shall  be  offered  for  sale  and 
sold  for  not  less  than  par  and  accrued  interest. 

SEC.  5.  And  be  it  further  ordained,  That  until  all  the  in- 
terest on  and  principal  of  any  bonds  issued  pursuant  to  the 
provisions  of  this  Ordinance  have  been  paid  in  full,  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  and  impose 
an  annual  tax  on  each  One  Hundred  Dollars  ($100.00)  of 
assessable  property  in  the  City  of  Baltimore  at  a  rate  suf- 
ficient to  produce  revenue  to  pay  all  interest  on  and  prin- 
cipal of  all  bonds  theretofore  issued  and  outstanding  or  au- 
thorized to  be  issued  and  outstanding,  payable  in  the  next 
succeeding  year. 

Sec.  6.  And  be  it  further  ordained,  That  this  Ordinance 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more, for  their  approval  or  disapproval,  at  the  General 
Election  to  be  held  in  Baltimore  City,  on  Tuesday,  the  7th 
day  of  November,  1978. 

Sec.  7.  And  be  it  further  ordained,  That  prior  to  the  date 
of  the  election  hereinbefore  mentioned,  notice  shall  be  given 


ORDINANCES  639 

to  the  public  of  the  amount  of  money  which  the  Mayor  and 
City  Council  of  Baltimore  is  authorized  to  borrow,  and  the 
general  purposes  for  which  such  borrowed  funds  may  be 
expended,  under  the  terms  and  provisions  of  this  Ordinance, 
and  the  time  when  the  election  hereinbefore  mentioned  is 
to  be  held;  and  such  public  notice  shall  be  given  in  such 
manner  and  by  such  means  or  through  such  media  and  at 
such  time  or  times  as  may  be  determined,  from  time  to 
time,  by  a  majority  of  the  Commissioners  of  Finance. 

SEC.  8.  And  be  it  further  ordained,  That  the  actual  cash 
proceeds  derived  from  the  sale  of  the  bonds  authorized  to  be 
issued  under  the  provisions  of  this  Ordinance,  not  exceeding 
the  par  value  thereof,  shall  be  used  exclusively  for  the  fol- 
lowing purposes,  to  wit: 

(a)  So  much  thereof  as  may  be  necessary  in  addition  to 
the  premiums  realized  from  the  sale,  if  any,  for  the  cost  of 
issuance,  including  the  expenses  of  engraving,  printing, 
advertising,  attorneys'  fees,  and  all  other  incidental  ex- 
penses connected  therewith;  and 

(b)  The  remainder  of  such  proceeds  shall  be  used  for 
the  acquisition,  by  purchase,  condemnation  or  any  other 
legal  means,  of  land  or  property,  or  any  rights  therein,  in 
the  City  of  Baltimore,  and  for  constructing  and  erecting  on 
said  land  or  property,  or  on  any  land  or  property  now  or 
hereafter  owned  by  the  Mayor  and  City  Council  of  Balti- 
more, buildings,  structures  or  facilities  to  be  used  by  the 
Fire  Department  of  Baltimore  City  for  fire  stations,  and 
for  the  acquisition  and  installation  of  equipment  for  any 
and  all  existing  facilities  or  new  facilities  authorized  to  be 
constructed  or  erected  under  the  provisions  hereof,  and  for 
doing  any  and  all  things  necessary,  proper  or  expedient  in 
connection  with  or  pertaining  to  any  or  all  of  the  matters 
or  things  hereinbefore  mentioned. 

SEC.  9.  And  be  it  further  ordained,  That  the  expenditure 
of  the  proceeds  derived  from  the  sale  of  the  bonds  author- 
ized to  be  issued  under  the  provisions  of  this  ordinance  shall 
be  in  accordance  with  the  provisions  of  the  Charter  of  the 
Mayor  and  City  Council  of  Baltimore,  and  by  the  municipal 


640  ORDINANCES  Ord.  No.  793 

agency  designated  in  the  annual  Ordinance  of  Estimates  of 
the  Mayor  and  City  Council  of  Baltimore. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  793 

(Council  No.  1610) 

An  Ordinance  authorizing  and  providing  for  the  issuance 
and  sale  by  Mayor  and  City  Council  of  Baltimore  of  its 
industrial  development  revenue  bond,  to  be  designated 
"City  of  Baltimore,  Maryland  Industrial  Development 
Revenue  Bond  (Hobelmann  Port  Services,  Inc.  Project)", 
in  the  principal  amount  of  $600,000,  pursuant  to  the  pro- 
visions of  Sections  266A  to  266-1,  inclusive,  of  Article  41 
of  the  Annotated  Code  of  Maryland  (1978  Replacement 
Volume),  as  amended,  in  order  to  loan  the  proceeds 
thereof  to  Hobelmann  Port  Services,  Inc.,  a  Delaware 
corporation,  for  the  sole  and  exclusive  purpose  of  fi- 
nancing the  acquisition  by  Hobelmann  Port  Services,  Inc. 
of  a  certain  industrial  building  in  the  City  of  Baltimore, 
as  provided  in  this  ordinance;  making  certain  legislative 
findings,  among  others,  concerning  the  public  benefit  and 
purpose  of  such  industrial  development  revenue  bond; 
providing  that  such  industrial  development  revenue  bond 
(a)  shall  be  payable  solely  and  only  from  (i)  revenue 
derived  from  payments  by  Hobelmann  Port  Services,  Inc. 
to  Mayor  and  City  Council  of  Baltimore  on  account  of 
such  loan,  (ii)  any  and  all  moneys  realized  from  the 
collateral  for  such  loan,  and  (iii)  any  and  all  moneys 
received  under  the  guaranty  agreement  hereinafter  men- 
tioned, and  (b)  shall  not  ever  constitute,  within  the 
meaning  of  any  constitutional  or  charter  provision  or 
otherwise,  (i)  an  indebtedness  of  Mayor  and  City  Coun- 
cil of  Baltimore  or  of  any  other  political  subdivision,  or 
(ii)  a  charge  against  the  general  credit  or  taxing  powers 
of  Mayor  and  City  Council  of  Baltimore;  authorizing  the 
private  (negotiated)  sale  of  such  industrial  development 


ORDINANCES  641 

revenue  bond;  prescribing  certain  details  pertaining-  to 
such  industrial  development  revenue  bond,  including 
(without  limitation)  (a)  the  amount,  date  and  maturity 
thereof,  (b)  the  interest  rate  to  be  paid  thereon,  (c)  the 
prepayment  provisions  relating  thereto,  (d)  the  form 
and  tenor  thereof,  and  (e)  the  terms  and  conditions 
thereof  and  security  therefor;  approving  the  form  and 
contents,  and  authorizing  the  execution  and  delivery,  of 
various  documents  necessary  to  effectuate  the  aforemen- 
tioned borrowing  and  lending,  including  (a)  such  indus- 
trial development  revenue  bond,  (b)  the  loan  agreement 
between  Mayor  and  City  Council  of  Baltimore  and  Hobel- 
mann  Port  Services,  Inc.  evidencing  the  aforesaid  loan, 
and  (c)  the  assignment  by  which  Mayor  and  City  Council 
of  Baltimore  assigns  its  rights  in  and  to  the  loan  agree- 
ment as  security  for  such  industrial  development  revenue 
bond;  describing  and  authorizing  approval  of  the  guar- 
anty agreement  to  be  executed  and  delivered  by  Hobel- 
mann  Port  Services,  Inc.,  pursuant  to  which  Hobelmann 
Port  Services,  Inc.  fully  and  unconditionally  guarantees 
the  payment  of  the  principal  of  and  interest  on  such  in- 
dustrial development  revenue  bond;  and  generally  pro- 
viding for  and  determining  various  matters  in  connection 
with  the  authorization,  issuance,  security,  sale,  and  pay- 
ment of  such  industrial  development  revenue  bond. 

RECITALS 

Sections  266A  to  266-1,  inclusive,  of  Article  41,  of  the 
Annotated  Code  of  Maryland  (1978  Replacement  Vol- 
ume), as  amended,  (the  "Act")  empowers  all  counties 
and  municipalities  of  the  State  of  Maryland  to  issue 
revenue  bonds  and  to  loan  the  proceeds  of  the  sale  of 
such  revenue  bonds  to  an  industrial  concern  to  finance 
the  acquisition  (as  defined  in  the  Act)  by  such  industrial 
concern  of  industrial  buildings  (as  defined  in  the  Act). 
The  Act  declares  it  to  be  the  legislative  purpose  to  re- 
lieve conditions  of  unemployment  in  the  State,  to  en- 
courage the  increase  of  industry  and  a  balanced  economy 
in  the  State,  to  assist  in  the  retention  of  existing  industry 
in  the  State  through  the  control,  reduction  or  abatement 
of  pollution  of  the  environment  (where  proceeds  of  the 
bonds  are  used  for  that  purpose),  to  promote  economic 


642  ORDINANCES  Ord.  No.  793 

development,  to  protect  natural  resources  and  in  this 
manner  to  promote  the  health,  welfare  and  safety  of  the 
residents  of  each  of  the  counties  and  municipalities  of  the 
State  of  Maryland. 

Mayor  and  City  Council  of  Baltimore  (the  "City")  has 
determined  to  issue  and  sell  its  City  of  Baltimore,  Mary- 
land Industrial  Development  Revenue  Bond  (Hobelmann 
Port  Services,  Inc.  Project),  in  the  principal  amount  of 
$600,000  (the  "Bond"),  and  to  loan  the  proceeds  of  the 
Bond  to  Hobelmann  Port  Services,  Inc.,  a  Delaware  cor- 
poration (the  "Company"),  and  an  industrial  concern  as 
mentioned  in  the  Act,  on  the  terms  and  conditions  set 
forth  in  the  Loan  Agreement  to  be  entered  into  by  and 
between  the  City  and  the  Company  (the  "Loan  Agree- 
ment"), as  provided  by  this  Ordinance  (such  loan  being 
herein  referred  to  as  the  "Loan"),  in  order  to  finance  the 
acquisition  (within  the  meaning  of  the  Act)  by  the  Com- 
pany of  a  certain  industrial  building  (within  the  meaning 
of  the  Act)  in  the  City  of  Baltimore  (the  "Industrial 
Building"),  in  order  to  relieve  conditions  of  unemploy- 
ment in  the  State  of  Maryland  and  in  the  City  of  Balti- 
more, and  thus  encourage  economic  development,  and  to 
protect  the  health,  welfare  and  safety  of  the  citizens  of 
the  State  of  Maryland  and  the  City  of  Baltimore. 

The  Bond  will  be  sold  at  private  (negotiated)  sale  to 
Maryland  National  Bank,  a  national  banking  association 
(the  "Bank"). 

The  Company  will  execute  and  deliver  to  the  Bank  as 
agent  for  the  holder  of  the  Bond  (hereinafter  defined)  a 
Guaranty  Agreement  pursuant  to  which  the  Company 
will  fully  and  unconditionally  guarantee  to  the  Bank  as 
agent  for  the  holder  of  the  Bond  the  payment  of  the  prin- 
cipal of  and  interest  on  the  Bond. 

This  Ordinance  authorizes  and  empowers  the  City  to 
enter  into  and  consummate  a  transaction  which  R.  G. 
Hobelmann  &  Company,  Inc.,  a  Delaware  corporation  and 
predecessor  in  interest  to  the  Company,  proposed  to  the 
City  in  accordance  with  Section  266B(d)  of  the  Act  by 
a  letter  of  intent  dated  September  7,  1977,  which  letter 
of  intent  was  approved  by  the  Board  of  Estimates  of  the 


ORDINANCES  643 

City  and  accepted  by  the  Mayor  of  the  City  on  October  5, 
1977,  subject  to  the  passage  of  this  Ordinance.  Such  letter 
of  intent  was  amended  by  an  amendatory  letter  of  intent 
from  the  Company  to  the  City  dated  February  10,  1978, 
which  amendatory  letter  of  intent  was  approved  by  the 
Board  of  Estimates  of  the  City  and  accepted  by  the  Mayor 
of  the  City  on  February  22,  1978,  subject  to  the  passage 
of  this  Ordinance. 

Now,  therefore,  in  accordance  with  the  terms  and  pro- 
visions of  the  Act  and  the  Charter  of  Mayor  and  City 
Council  of  Baltimore: 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  acting  pursuant  to  the  Act,  it  is  hereby 
found  and  determined  as  follows: 

(1)  The  issuance  and  sale  of  the  Bond  by  the  City  pur- 
suant to  the  Act  in  order  to  lend  the  proceeds  thereof  to  the 
Company  for  the  sole  and  exclusive  purpose  of  financing 
the  acquisition  (within  the  meaning  of  the  Act)  of  the  In- 
dustrial Building  will  facilitate  and  expedite  the  acquisition 
of  the  Industrial  Building  by  the  Company; 

(2)  The  acquisition  of  the  Industrial  Building  by  the 
Company  and  the  financing  thereof  as  provided  in  this 
Ordinance  will  promote  the  declared  legislative  purposes  of 
the  Act  by  (a)  sustaining  jobs  and  employment,  thus  re- 
lieving conditions  of  unemployment  in  the  State  of  Mary- 
land and  in  the  City  of  Baltimore;  (b)  encouraging  the  in- 
crease of  industry  and  a  balanced  economy  in  the  State  of 
Maryland  and  in  the  City  of  Baltimore;  (c)  assisting  in  the 
retention  of  existing  industry  in  the  State  of  Maryland  and 
in  the  City  of  Baltimore;  (d)  promoting  economic  develop- 
ment; and  (e)  promoting  the  health,  welfare  and  safety  of 
the  residents  of  the  City  of  Baltimore  and  of  the  State  of 
Maryland. 

(3)  In  addition  to  authorizing  the  City  itself  to  acquire 
the  Industrial  Building  and  either  to  lease  or  to  sell  the 
same  to  the  Company,  the  Act  as  an  alternative  procedure, 
also  authorizes  industrial  building  financing  to  be  accom- 
plished in  the  form  of  a  loan  to  the  Company.  The  loan 
form  of  transaction  avoids  indirect  costs  and  burdens  on  the 
City  by  not  requiring  any  direct  involvement  by  the  City  in 


644  ORDINANCES  Ord.  No.  793 

the  acquisition,  ownership  or  administration  of  the  Indus- 
trial Building,  while  permitting  ample  controls  to  be  im- 
posed on  the  use  of  the  proceeds  of  the  Bond  to  insure  that 
the  public  purposes  of  the  Act  and  the  Bond  are  fully  ac- 
complished. It  is,  therefore,  in  the  best  interests  of  the 
citizens  of  the  City,  to  finance  the  acquisition  of  the  Indus- 
trial Building  by  a  loan  to  the  Company.  This  Ordinance 
contemplates  and  authorizes  a  transaction  in  the  form  of  a 
loan  of  the  proceeds  of  the  Bond  by  the  City  to  the  Com- 
pany, rather  than  a  transaction  in  the  form  of  a  lease  or 
sale  of  the  Industrial  Building.  Accordingly,  this  Ordi- 
nance, together  with  the  Loan  Agreement  authorized  here- 
by, contains  such  provisions  as  the  City  deems  appropriate 
to  effect  the  financing  of  the  acquisition  by  the  Company  of 
the  Industrial  Building  by  the  loan  form  of  transaction. 

(4)  Neither  the  Bond,  nor  the  interest  thereon,  will 
constitute  (a)  a  general  obligation  of  the  City,  or  (b)  a 
charge  against,  or  pledge  of  the  general  credit  or  taxing 
powers  of  the  City,  or  (c)  a  debt  of  the  City,  all  within  the 
meaning  of  Section  7  of  Article  XI  of  the  Constitution  of 
Maryland  or  any  other  constitutional,  statutory  or  charter 
provision  or  limitation,  and  neither  shall  ever  constitute  or 
give  rise  to  any  pecuniary  liability  on  the  part  of  the  City. 
The  principal  of  and  interest  on  the  Bond  shall  be  payable 
from,  and  secured  by,  (a)  an  assignment  of  the  revenues 
realized,  and  the  collateral  pledged,  under  the  Loan  Agree- 
ment, and  (b)  the  Guaranty  Agreement.  The  principal 
amount  of  the  Loan  and  the  repayments  to  be  made  by  the 
Company  pursuant  to  the  Loan  Agreement  authorized 
hereby  will  be  paid  directly  to  the  Bank  to  be  held  and 
disbursed  by  the  Bank  as  agent  for  the  holder  of  the  Bond 
as  provided  in  this  Ordinance.  No  such  moneys  will  be 
commingled  with  the  City's  funds  or  will  be  subject  to  the 
absolute  control  of  the  City,  but  only  to  such  limited  super- 
vision and  checks  as  are  deemed  necessary  or  desirable  by 
the  City  to  insure  that  the  proceeds  of  the  Bond  are  used 
to  accomplish  the  public  purposes  of  the  Act  and  this  Ordi- 
nance. The  transactions  authorized  hereby  do  not  constitute 
the  acquisition  of  property  for  public  use  or  the  purchase 
of  equipment  for  public  use.  The  public  purposes  expressed 
in  the  Act  are  to  be  achieved  by  facilitating  the  acquisition 
of  the  Industrial  Building  by  the  Company. 


ORDINANCES  645 

(5)  The  City  will  acquire  no  interest  in  the  Industrial 
Buildings  other  than  any  general  interest  in  the  Company's 
property  shared  by  all  holders  of  the  Company's  obligations 
which  rank  and  are  secured  equally  with  the  Company's 
obligation  pursuant  to  the  Loan  Agreement.  The  security 
for  the  Bond  shall  be  solely  and  exclusively  (a)  the  abso- 
lute, irrevocable  and  unconditional  obligation  of  the  Com- 
pany to  make  the  payments  required  by  the  Loan  Agree- 
ment, (b)  moneys  realized  from  any  and  all  collateral 
pledged  as  security  for  the  Loan,  and  (c)  the  full  and  un- 
conditional guaranty  by  the  Company  of  the  payment  of  the 
principal  of  and  interest  on  the  Bond. 

(6)  None  of  the  receipts  and  revenues  of  the  City  from 
the  Loan  Agreement  shall  be  set  aside  as  a  depreciation 
account  (mentioned  in  the  Act),  since  neither  the  City  nor 
the  Bank  desire,  or  are  creating,  any  interest  in  the  Indus- 
trial Building  (other  than  any  interest  shared  by  all  holders 
of  the  Company's  obligations  ranking  on  a  parity  with  the 
Company's  obligation  pursuant  to  the  Loan  Agreement). 
Such  a  depreciation  account  would  (i)  be  inconsistent  with 
the  transaction  authorized  hereby,  and  (ii)  place  an  un- 
reasonable burden  on  the  Company  so  as  to  adversely  affect 
the  feasibility  of  the  transaction  and  thus  frustrate  the 
legislative  purposes  of  the  Act. 

(7)  The  best  interests  of  the  City  will  be  served  by 
selling  the  Bond  to  the  Bank  at  private  (negotiated)  sale, 
as  authorized  by  the  Act,  upon  terms  and  conditions  ap- 
proved by  the  City  as  set  forth  in  this  Ordinance. 

SEC.  2.  Be  it  further  ordained,  That  the  following  terms 
shall  have  the  following  meanings  for  all  purposes  of  this 
Ordinance,  unless  the  context  clearly  otherwise  requires: 

"Acquisition"  or  "acquisition"  means,  when  used  in  re- 
gard to  the  Industrial  Building,  the  acquisition  of  the  In- 
dustrial Building  as  such  meaning  is  intended  in  the  Act, 
and  shall  include,  where  applicable,  and  without  limitation, 
the  purchase,  construction,  rehabilitation,  remodeling,  ex- 
tension, equipping  and  permanent  improvement  of  the  In- 
dustrial Building. 

"Act"  means  Chapter  352  enacted  by  the  1972  Session  of 


646  ORDINANCES  Ord.  No.  793 

the  General  Assembly  of  Maryland,  as  amended,  being  Sec- 
tions 266A  to  266-1,  inclusive,  of  Article  41  of  the  Anno- 
tated Code  of  Maryland  (1978  Replacement  Volume),  as 
amended. 

"Assignment"  means  the  Assignment  by  which  the  City 
assigns  to  the  Bank  as  agent  for  the  holder  of  the  Bond  all 
of  its  right,  title  and  interest  in  and  to,  and  remedies  under, 
the  Loan  Agreement  and  moneys  due  and  to  become  due 
thereunder,  and  all  collateral  pledged  thereunder,  all  as  set 
forth  therein,  which  Assignment  shall  be  substantially  in 
the  form  set  forth  in  Section  12  of  this  Ordinance. 

"Bank"  means  Maryland  National  Bank,  a  national 
banking  association,  its  successors  and,  except  for  a  sub- 
sequent purchaser  of  the  Bond,  its  assigns. 

"Bank  as  agent  for  the  holder  of  the  Bond"  means  the 
Bank  acting  in  its  fiduciary  capacity  as  agent  for  the  holder 
of  the  Bond,  performing  the  functions  described  in  this 
Ordinance  and  in  the  Assignment. 

"Banking  day"  means  a  day  other  than  a  Saturday,  Sun- 
day or  legal  holiday  in  the  State  of  Maryland. 

"Bond"  means  the  City's  City  of  Baltimore,  Maryland 
Industrial  Development  Revenue  Bond  (Hobelmann  Port 
Services,  Inc.  Project)  in  the  principal  amount  of  $600,000 
to  be  issued  and  sold  pursuant  to  this  Ordinance  without 
pecuniary  liability  on  the  part  of  the  City  as  therein  set 
forth,  which  Bond  shall  be  substantially  in  the  form  set 
forth  in  Section  3  of  this  Ordinance.  In  the  event  the  Bond 
is  at  any  time  exchanged  for  serial  bonds  as  set  forth  in 
Section  9  of  this  Ordinance,  then,  and  in  that  event,  the  term 
"Bond"  shall  mean  such  serial  bonds. 

"City"  means  Mayor  and  City  Council  of  Baltimore,  a 
body  politic  and  corporate  and  a  political  subdivision  of  the 
State  of  Maryland,  its  successors  and  assigns. 

"Company"  means  Hobelmann  Port  Services,  Inc.,  a 
Delaware  corporation,  its  successors  and  permitted  assigns. 

"Guaranty  Agreement"  means  the  Guaranty  Agreement 
to  be  dated  as  of  the  date  of  delivery  of  the  Bond,  to  be  exe- 
cuted and  delivered  to  the  Bank  by  the  Company  whereby 


ORDINANCES  647 

the  Company  fully  and  unconditionally  guarantees  to  the 
Bank  as  agent  for  the  holder  of  the  Bond  the  payment  of 
the  principal  of  and  interest  on  the  Bond.  The  Guaranty 
Agreement  shall  be  in  such  form  and  contain  such  pro- 
visions as  the  Mayor  of  the  City  shall  approve,  as  set  forth 
in  Section  13  of  this  Ordinance. 

"Holder  of  the  Bond"  or  "holder  of  the  Bond"  means  the 
registered  owner  of  the  Bond,  which  may  be  the  Bank. 

"Industrial  Building"  means  the  Industrial  Building,  and 
is  intended  to  have  the  meaning  ascribed  to  the  term  "in- 
dustrial building"  in  the  Act,  which  Industrial  Building  is 
more  particularly  described  in  Exhibit  A  attached  to,  and 
made  a  part  of,  the  Loan  Agreement. 

"Loan"  means  the  Loan  in  the  principal  amount  of 
$600,000  made  by  the  City  to  the  Company  and  evidenced 
by  and  described  in  the  Loan  Agreement. 

"Loan  Agreement"  means  the  Loan  Agreement  to  be 
dated  as  of  the  date  of  delivery  of  the  Bond,  between  the 
City  and  the  Company  evidencing  and  securing  the  Loan, 
which  Loan  Agreement  shall  be  substantially  in  the  form 
set  forth  in  Section  11  of  this  Ordinance. 

"Ordinance"  means  this  Ordinance. 

Sec.  3.  Be  it  further  ordained,  That,  subject  to  the  pro- 
visions of  this  Ordinance,  the  City  is  authorized  and  em- 
powered, pursuant  to  the  Act,  to  issue  and  sell  its  City  of 
Baltimore,  Maryland  Industrial  Development  Revenue  Bond 
(Hobelmann  Port  Services,  Inc.  Project)  in  the  principal 
amount  of  $600,000,  such  Bond  to  be  solely  and  exclusively 
payable  from  the  revenue  derived  by  the  City  from  pay- 
ments on  the  Loan  by  the  Company,  and  secured  by  the 
Assignment  and  the  Guaranty  Agreement,  as  provided  here- 
in. The  Bond  shall  be  designated  "City  of  Baltimore,  Mary- 
land Industrial  Development  Revenue  Bond  (Hobelmann 
Port  Services,  Inc.  Project)",  and  shall  be  dated  as  of  May 
1,  1978. 

The  Bond  shall  bear  interest  on  the  unpaid  principal 
amount  thereof,  commencing  on  the  date  of  its  delivery,  at 
the  annual  rate  which  is  at  all  times  equal  to  65%  of  the 


648  ORDINANCES  Ord.  No.  793 

commercial  prime  rate  of  interest  in  effect  at  the  Bank  from 
time  to  time  (floating).  Provided,  however,  that  during  any 
period  in  which  the  interest  payable  on  the  Bond  is  includible 
in  the  gross  income  (as  defined  in  Section  61  of  the  Internal 
Revenue  Code  of  1954,  as  amended)  of  the  holder  of  the 
Bond,  the  rate  of  interest  payable  on  the  unpaid  principal 
amount  of  the  Bond  shall  be  the  annual  rate  which  is  at  all 
times  equal  to  (a)  the  commercial  prime  rate  of  interest  in 
effect  at  the  Bank  from  time  to  time  (floating)  plus  (b) 
iy%  %  per  annum.  Provided  further,  however,  that  in  the 
event  that  a  new  tax  law  shall  be  enacted  by  the  Congress 
of  the  United  States  of  America  and  shall  become  law,  pro- 
viding for  a  change  in  the  rate  of  taxation  imposed  upon  the 
income  of  corporations  from  the  rate  in  effect  on  the  date  of 
the  delivery  of  the  Bond,  then,  and  in  that  event,  the  65% 
factor  set  forth  above  shall  be  adjusted  in  accordance  with 
the  following  formula:  1.25  X  (1  —  new  corporate  income 
tax  rate)  =  adjusted  factor  (rounded  to  nearest  whole  per- 
centage) ;  provided,  however,  that  such  adjustment  in  the 
aforesaid  factor  shall  be  made  in  the  following  manner:  (i) 
corporate  income  tax  rate  of  zero  per  centum  (0%)  to  thirty 
per  centum  (30%),  adjustment  made  using  a  new  corporate 
income  tax  rate  of  thirty  per  centum  (30%) ;  (ii)  corporate 
income  tax  rate  of  thirty  per  centum  (30%)  to  sixty  per 
centum  (60%),  adjustment  made  using  actual  new  cor- 
porate income  tax  rate;  and,  (iii)  corporate  income  tax  rate 
of  sixty  per  centum  (60%)  to  one  hundred  per  centum 
(100%),  adjustment  made  using  a  new  corporate  income 
tax  rate  of  sixty  per  centum  (60%). 

Interest  on  the  Bond  shall  be  calculated  on  the  basis  of  a 
360-day  year  factor  applied  to  actual  days  elapsed,  and  the 
interest  rate  shall  be  adjusted  on  any  day  on  which  a  change 
occurs  in  the  Bank's  commercial  prime  rate  of  interest. 

The  principal  of  and  interest  on  the  Bond  shall  be  payable 
in  lawful  money  of  the  United  States  of  America  at  the  time 
of  payment  as  follows: 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of  May 
and  November  in  each  year,  commencing  on  November  1, 
1978,  continuing  to  and  including  May  1,  1983,  or  until  the 
principal  amount  shall  have  been  paid  in  full ; 


ORDINANCES  649 

(b)  commencing  on  November  1,  1978,  continuing  to 
and  including  May  1,  1983,  the  principal  amount  shall 
be  paid  in  10  equal,  consecutive  semi-annual  installments  of 
$60,000  each,  payable  on  the  first  days  of  May  and  Novem- 
ber in  each  year; 

(c)  the  Bond  will  mature,  and  the  entire  unpaid  balance 
of  the  principal  thereof  and  all  accrued  and  unpaid  interest 
thereon  shall  be  due  and  payable  on  May  1,  1983;  and 

(d)  all  payments  received  shall  be  applied  first  to  interest 
and  the  balance  to  principal. 

The  Bond,  which  may  be  printed  or  typewritten,  shall  be 
substantially  in  the  following  form,  and  the  form,  with  such 
changes  therein  (including  the  prepayment  record  to  be 
attached)  as  the  Mayor  of  the  City  shall  approve  (such  ap- 
proval to  be  conclusively  evidenced  by  the  execution  and  de- 
livery of  the  Bond  by  the  Mayor  of  the  City),  and,  all  of  the 
covenants  and  conditions  therein  contained,  is  hereby 
adopted  by  the  City  as  and  for  the  form  and  tenor  of  the  ob- 
ligation to  be  incurred  by  it,  and  such  covenants  and  con- 
ditions, including  the  promise  to  pay  therein  contained,  are 
hereby  made  binding  upon  the  City. 

FORM  OF  BOND 
$600,000  May  1,  1978 

UNITED  STATES  OF  AMERICA 

STATE  OF  MARYLAND 

CITY  OF  BALTIMORE 

INDUSTRIAL  DEVELOPMENT  REVENUE  BOND 

(HOBELMANN  PORT  SERVICES,  INC.  PROJECT) 

FOR  VALUE  RECEIVED,  Mayor  and  City  Council  of 
Baltimore,  a  body  politic  and  corporate  and  a  political  sub- 
division of  the  State  of  Maryland  (the  "City"),  hereby 
promises  to  pay,  solely  from  the  special  fund  provided  there- 
for as  below  set  forth,  to  Maryland  National  Bank,  or  its 
successor  (the  "Bank"),  or  its  registered  assigns,  the  prin- 
cipal sum  of  SIX  HUNDRED  THOUSAND  DOLLARS, 
with  interest  on  the  unpaid  principal  amount  hereof  from 
_ ,  1978,  at  the  annual  rate  which  is  at  all  times 


650  ORDINANCES  Ord.  No.  793 

equal  to  65  %  the  commercial  prime  rate  of  interest  in  effect 
at  the  Bank  from  time  to  time  (floating).  Provided,  how- 
ever, that  during  any  period  in  which  the  interest  payable 
on  Bond  is  validly  includible  in  the  gross  income  (as  defined 
in  Section  61  of  the  Internal  Revenue  Code  of  1954,  as 
amended)  of  the  holder  of  the  Bond,  the  rate  of  interest 
payable  on  the  unpaid  principal  amount  hereof  shall  be  the 
annual  rate  which  is  at  all  times  equal  to  (a)  the  commer- 
cial prime  rate  of  interest  in  effect  at  the  Bank  from  time  to 
time  (floating)  plus  (b)  1V&%  per  annum.  Provided  fur- 
ther, however,  that  in  the  event  that  a  new  tax  law  shall 
be  enacted  by  the  Congress  of  the  United  States  of  Amer- 
ica and  shall  become  law,  providing  for  a  change  in  the  rate 
of  taxation  imposed  upon  the  income  of  corporations  from 
the  rate  in  effect  on  the  date  of  the  delivery  of  the  Bond, 
then,  and  in  that  event,  the  65%  factor  set  forth  above  shall 
be  adjusted  in  accordance  with  the  following  formula:  1.25 
X  (1  —  new  corporate  income  tax  rate)  =  adjusted  factor 
(rounded  to  nearest  whole  percentage) ;  provided,  however, 
that  such  adjustment  in  the  aforesaid  factor  shall  be  made 
in  the  following  manner:  (i)  corporate  income  tax  rate  of 
zero  per  centum  (0%)  to  thirty  per  centum  (30%),  adjust- 
ment made  using  a  new  corporate  income  tax  rate  of  thirty 
per  centum  (30%) ;  (ii)  corporate  income  tax  rate  of  thirty 
per  centum  (30%)  to  sixty  per  centum  (60%),  adjustment 
made  using  actual  new  corporate  income  tax  rate;  and,  (iii) 
corporate  income  tax  rate  of  sixty  per  centum  (60%)  to 
one  hundred  per  centum  (100%),  adjustment  made  using 
a  new  corporate  income  tax  rate  of  sixty  per  centum 
(60%). 

Interest  hereon  shall  be  calculated  on  the  basis  of  a  360- 
day  year  factor  applied  to  actual  days  elapsed,  and  the 
interest  rate  shall  be  adjusted  on  any  day  on  which  a  change 
occurs  in  the  Bank's  commercial  prime  rate  of  interest. 

The  principal  hereof  and  interest  hereon  shall  be  paid  in 
lawful  money  of  the  United  States  of  America  at  the  time 
of  payment  as  follows : 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of  May 
and  November  in  each  year,  commencing  on  November  1, 
1978,  continuing  to  and  including  May  1,  1983,  or  until  the 
principal  amount  shall  have  been  paid  in  full ; 


ORDINANCES  651 

(b)  commencing  on  November  1,  1978,  continuing  to  and 
including  May  1,  1983,  the  principal  amount  shall  be  paid  in 
10  equal,  consecutive  semi-annual  installments  of  $60,000 
each,  payable  on  the  first  days  of  May  and  November  in  each 
year; 

(c)  this  Bond  will  mature,  and  the  entire  unpaid  balance 
of  the  principal  hereof  and  all  accrued  and  unpaid  interest 
hereon  shall  be  due  and  payable  on  May  1,  1983;  and 

(d)  all  payments  received  shall  be  applied  first  to 
interest  and  the  balance  to  principal. 

This  Bond  is  issued  pursuant  to  the  authority  of  Sections 
266A  to  266-1,  inclusive,  of  Article  41  of  the  Annotated  Code 
of  Maryland  (1978  Replacement  Volume),  as  amended  (the 
"Act"),  and  pursuant  to  and  under  the  authority  of  an 
Ordinance  of  the  City,  approved  by  the  Mayor  of  the  City  on 

,   1978    (the  "Ordinance").   Reference  is  hereby 

made  to  the  Ordinance  for  the  provisions,  among  others, 
with  respect  to  (a)  the  nature  and  extent  of  the  security 
for  this  Bond,  (b)  the  rights,  duties  and  obligations  of  the 
City  and  the  Bank  (both  in  its  individual  corporate  capacity 
and  as  agent  for  the  holder  of  this  Bond),  (c)  the  terms 
upon  which  this  Bond  is  issued  and  secured,  (d)  the  modifi- 
cation or  amendment  of  any  of  the  foregoing  or  of  the  Loan 
Agreement  (hereinafter  defined),  and  (e)  the  obligation  of 
the  holder  hereof  to  indemnify  the  Bank  under  certain  cir- 
cumstances ;  and,  by  the  acceptance  of  this  Bond,  the  holder 
hereof  assents  to  all  of  the  provisions  of  the  Ordinance  and 
agrees  to  be  bound  thereby. 

This  Bond  is  issued  for  the  purpose  of  financing,  in  whole 
or  in  part,  the  cost  of  the  acquisition  (as  defined  in  the  Act) 
by  Hobelmann  Port  Services,  Inc.,  a  Delaware  corporation 
(the  "Company")  of  a  certain  industrial  building  (as  defined 
in  the  Act)  in  the  City  of  Baltimore  (the  "Industrial  Build- 
ing") and  paying  expenses  incidental  thereto  so  as  to  help 
relieve  conditions  of  unemployment,  to  encourage  the  in- 
crease of  industry,  and  to  help  achieve  a  balanced  economy 
in  the  State  of  Maryland  and  in  the  City  of  Baltimore. 

This  Bond  is  a  limited  obligation  of  the  City,  and  the  prin- 
cipal hereof  and  interest  hereon  are  payable  solely  from  (i) 
the  moneys  to  be  derived  by  the  City  under  a  Loan  Agree- 


652  ORDINANCES  Ord.  No.  793 

ment  dated  ,  1978,  between  the  City  and  the 

Company  (the  "Loan  Agreement"),  and  the  collateral 
pledged  thereunder,  pursuant  to  which  the  proceeds  of  the 
issuance  and  sale  hereof  are  being  loaned  by  the  City  to  the 
Company  for  the  purpose  of  providing  the  aforesaid  fi- 
nancing, (ii)  any  and  all  moneys  realized  from  the  sale  of 
collateral  pledged  as  security  for  such  loan,  (iii)  any  and  all 
moneys    received    under    the    Guaranty    Agreement    dated 

_ ,  1978,  between  the  Company  and  the  Bank,  and 

(iv)  moneys  derived  from  all  other  security  referred  to  in 
the  Ordinance.  Neither  this  Bond  nor  the  interest  payable 
hereon  shall  ever  constitute  an  indebtedness  or  a  charge 
against  the  general  credit  or  taxing  powers  of  the  City 
within  the  meaning  of  any  constitutional  provision  or  statu- 
tory or  charter  limitation,  and  neither  shall  ever  constitute 
or  give  rise  to  any  pecuniary  liability  of  the  City. 

Pursuant  to  the  Loan  Agreement,  payments  sufficient  for 
the  prompt  payment  when  due  of  the  principal  of  and  inter- 
est on  this  Bond  are  to  be  paid  by  the  Company  directly  to 
the  Bank,  to  be  held  by  the  Bank  as  agent  for  the  holder 
of  this  Bond,  in  a  separate  and  special  fund  created  by  Sec- 
tion 4  of  the  Ordinance,  to  be  used  by  the  Bank  as  agent  for 
the  holder  of  the  Bond,  for  the  payment  of  the  principal  of 
and  interest  on  this  Bond. 

The  City  may  under  certain  circumstances  prescribed  in 
Section  7  of  the  Ordinance  be  required  to  pay  (but  only  out 
of  amounts  made  available  to  the  City  by  the  Company  or 
others  for  such  purposes)  all  or  part  of  the  principal  of  this 
Bond  (plus  accrued  and  unpaid  interest)  before  maturity 
upon  the  terms  provided  in  Section  7  of  the  Ordinance.  In 
the  event  of  partial  prepayment,  the  holder  hereof  shall  sur- 
render this  Bond  to  the  Bond  Registrar  (hereinafter  re- 
ferred to),  for  notation  hereon  that  this  Bond,  to  the  extent 
of  the  amount  prepaid,  has  been  partially  prepaid.  In  the 
event  of  a  partial  prepayment  of  this  Bond,  the  sum  applied 
to  the  prepayment  shall  be  applied  to  the  prepayment  of  the 
semi-annual  installments  hereof  in  the  inverse  order  of  their 
payment  dates.  Reference  is  hereby  made  to  Section  7  of  the 
Ordinance  for  the  provisions  relating  to  the  prepayment  of 
this  Bond,  and,  by  the  acceptance  of  this  Bond,  the  holder 
hereof  assents  to  such  prepayment  provisions  and  agrees 
to  be  bound  thereby. 


ORDINANCES  653 

Notice  of  any  such  prepayment  shall  be  given  at  least 
two  (2)  banking  days  prior  to  the  prepayment  date  by  mail- 
ing and  telegraphing  to  the  registered  owner  of  this  Bond 
a  notice  fixing  such  prepayment  date,  the  amount  of  prin- 
cipal to  be  prepaid,  the  interest  to  be  paid  through  the  pre- 
payment date  and  the  amount  of  any  premium  or  additional 
interest  payable  on  the  prepayment  date.  The  notice  re- 
quired herein  to  be  given  may  be  waived  by  the  registered 
owner  of  this  Bond. 

All  payments  hereunder  shall  be  made  in  immediately 
available  funds  at  the  office  of  Maryland  National  Bank,  10 
Light  Street,  Baltimore,  Maryland  21202.  If  any  principal  or 
interest  payable  hereon  falls  due  on  any  day  other  than  a 
banking  day  at  the  Bank,  then  such  payment  date  shall  be 
extended  to  the  next  succeeding  full  banking  day. 

In  the  event  any  installment  of  principal  or  payment  of 
interest,  or  both,  as  hereinabove  provided  is  not  paid  when 
due  and  payable,  such  installment  of  principal  or  payment 
of  interest,  or  both,  shall  bear  interest  at  the  rate  of  12% 
per  annum  until  paid. 

This  Bond  shall  be  registered  as  to  both  principal 
and  interest.  The  Treasurer  of  the  City  shall  serve  as  Bond 
Registrar,  and  he  shall  keep  at  his  principal  office,  for  so 
long  as  this  Bond  remains  outstanding,  books  for  the  regis- 
tration and  transfer  hereof.  When  used  herein,  the  term 
"holder  of  this  Bond"  shall  mean  the  registered  owner  from 
time  to  time  of  this  Bond,  and  the  initial  holder  of  this 
Bond  shall  be  the  Bank. 

This  Bond  shall  be  transferable  only  upon  the  books  main- 
tained by  the  Bond  Registrar  by  the  registered  owner  hereof 
in  person  or  by  his  attorney  duly  authorized  in  writing,  upon 
surrender  hereof  together  with  a  written  instrument  of 
transfer  satisfactory  to  the  Bond  Registrar  duly  executed 
by  the  registered  owner  or  his  duly  authorized  attorney. 
This  Bond  is  a  "security"  within  the  meaning  of  Title  8  of 
the  Maryland  Uniform  Commercial  Code,  and  notwithstand- 
ing the  provisions  herein  contained  for  registration,  is  and 
shall  remain,  negotiable.  The  laws  of  the  State  of  Maryland 
shall  govern  the  construction  of  this  Bond. 


654  ORDINANCES  Ord.  No.  793 

The  City,  the  Bank  as  agent  for  the  holder  of  the  Bond, 
and  the  Bond  Registrar  may  deem  and  treat  the  person  in 
whose  name  this  Bond  shall  be  registered  as  the  absolute 
owner  hereof,  whether  this  Bond  shall  be  overdue  or  not,  for 
the  purpose  of  receiving  payment  of,  or  on  account  of,  the 
principal  of  and  interest  hereon  and  for  all  purposes,  and  all 
such  payments  so  made  to  such  registered  owner  or  upon  his 
order  shall  be  valid  and  effectual  to  satisfy  and  discharge 
the  liability  upon  this  Bond  to  the  extent  of  the  sum  or  sums 
so  paid,  and  neither  the  City  nor  the  Bank  nor  the  Bond 
Registrar  shall  be  affected  by  any  notice  to  the  contrary. 

Within  60  days  after  receipt  of  a  written  request  from  the 
holder  of  this  Bond  (or  within  such  longer  period  as  may  be 
reasonably  required  for  the  authorization,  issuance  and 
preparation  of  bonds)  the  City  will  take  action  necessary  to 
cause  serial  bonds  to  be  duly  authorized  and  issued,  to  the 
extent  permitted  by  applicable  laws,  in  order  that  this  Bond 
may  be  exchanged  for  a  series  of  serial  bonds.  Any  serial 
bonds  so  authorized  and  issued  shall  be  substantially  in  the 
same  form  as  this  Bond,  with  only  such  changes  in  amounts, 
dates  and  other  details  as  may  be  necessary.  All  such  serial 
bonds  shall  (a)  bear  interest  at  the  same  rate,  and  (b)  be 
ratably  and  equally  secured  by,  and  entitled  to  the  benefits 
of,  the  Ordinance  and  the  security  for  the  repayment  of  this 
Bond  provided  for  therein.  Any  expenses  incurred  by  the 
City  in  authorizing  and  issuing  any  such  serial  bonds  shall 
be  paid  by  the  Company. 

IT  IS  HEREBY  CERTIFIED,  RECITED  AND  DE- 
CLARED that  all  conditions,  acts  and  things  required  by 
the  Constitution  and  lawrs  of  the  State  of  Maryland  and  the 
Charter  of  Mayor  and  City  Council  of  Baltimore,  to  exist, 
to  have  happened  and  to  have  been  performed  precedent  to 
and  in  the  execution  and  delivery  of  this  Bond  exist,  have 
happened,  and  have  been  performed,  and  that  the  issuance 
of  this  Bond,  together  with  all  other  obligations  of  the  City, 
does  not  exceed  or  violate  any  constitutional  or  statutory 
debt  limitations. 

IN  WITNESS  WHEREOF,  MAYOR  AND  CITY  COUN- 
CIL OF  BALTIMORE,  has  caused  this  Bond  to  be  signed  by 
its  Mayor  by  his  manual  signature,  and  has  also  caused  its 
corporate  seal  to  be  hereunto  affixed  and  attested  by  the 


ORDINANCES  655 

manual  signature  of  its  Deputy  Treasurer  all  as  of  the  1st 
day  of  May,  1978. 

MAYOR  AND  CITY  COUNCIL 
OF  BALTIMORE 

- By  

Deputy  Treasurer  Mayor 

[CITY  SEAL] 

[HERE  SHALL  BE  ATTACHED  THE 
PREPAYMENT  RECORD] 

Sec.  4.  Be  it  further  ordained,  That  in  consideration  of 
the  purchase  and  acceptance  of  the  Bond  by  those  who  shall 
hold  the  same  from  time  to  time,  (i)  this  Ordinance  shall 
be  deemed  to  be  and  shall  constitute  a  contract  between  the 
City  and  the  holder  from  time  to  time  of  the  Bond;  (ii) 
the  pledge  made  herein  and  the  covenants  to  be  performed 
by  or  on  behalf  of  the  City  shall  be  for  the  benefit,  protec- 
tion and  security  of  the  holder  of  the  Bond;  (iii)  the  City 
does  hereby,  and  by  execution  of  the  Assignment  herein- 
after approved,  set  aside  and  pledge  the  income  and  revenue 
of  the  Loan  Agreement  (other  than  payments  to  be  made 
to  the  City  pursuant  to  Sections  10.4,  12.2  and  12.9  of  the 
Loan  Agreement  and  the  fourth  literary  paragraph  of  Sec- 
tion 5.3  of  the  Loan  Agreement)  to  the  Bank  as  agent  for 
the  holder  of  the  Bond  to  be  held  by  the  Bank  as  agent  for 
the  holder  of  the  Bond  in  a  separate  and  special  fund  to  be 
used  and  applied  for  the  payment  of  the  principal  of  and 
interest  on  the  Bond,  and  for  the  performance  of  any  other 
obligations  of  the  City  under  this  Ordinance;  and  (iv)  the 
pledge  herein  made  is  valid  and  binding  from  the  time  when 
the  Bond  is  issued,  and  the  lien  of  such  pledge  shall  be 
valid  and  binding  as  against  all  parties  having  claims  of 
any  kind  in  tort,  contract  or  otherwise  against  the  City,  ir- 
respective of  whether  such  parties  shall  have  notice  thereof. 

Sec.  5.  Be  it  further  ordained,  That  simultaneously  with 
the  issuance  and  sale  of  the  Bond,  the  City  will,  pursuant 
to  the  terms  of  the  Loan  Agreement  and  the  Act,  lend  the 
proceeds  of  the  issuance  and  sale  thereof  to  the  Company 
to  be  applied  to  the  acquisition  of  the  Industrial  Building  in 


656  ORDINANCES  Ord.  No.  793 

accordance  with  the  provisions  of  Section  4.3  of  the  Loan 
Agreement. 

The  proceeds  of  the  Bond  shall  be  advanced  to  the  Com- 
pany as  provided  in  the  Loan  Agreement,  and,  in  order  to 
insure  that  such  proceeds  will  be  used  for  the  purposes  set 
forth  in  the  Act,  such  proceeds  will  be  advanced  to  the 
Company  only  upon  receipt  and  approval  by  the  Bank  as 
agent  for  the  holder  of  the  Bond  of  the  Certificate  of  Com- 
pletion and  Payment  as  required  by  Sections  4.3  and  4.4  of 
the  Loan  Agreement  provided. 

SEC.  6.  Be  it  further  ordained,  That  the  City  covenants 
that  it  will  promptly  pay  the  principal  of  and  interest  on 
the  Bond,  and  premium,  if  any,  at  the  place,  on  the  dates 
and  in  the  manner  provided  in  this  Ordinance  and  in  the 
Bond  according  to  their  true  intent  and  meaning;  provided 
that  the  Bond,  together  with  the  interest  thereon,  shall  be 
the  limited  obligation  of  the  City  payable  solely  from  the 
moneys  derived  from  (a)  the  Loan  Agreement  and  the  sale 
of  any  collateral  pledged  thereunder,  (b)  the  Guaranty 
Agreement,  and  (c)  all  other  security  referred  to  in  this 
Ordinance,  and  shall  be  a  valid  claim  of  the  holder  thereof 
only  against  such  moneys,  which  moneys  shall  be  used  for 
no  other  purpose  than  to  pay  the  principal  of  and  interest 
on  the  Bond  (except  as  may  be  otherwise  expressly  au- 
thorized in  this  Ordinance) .  Neither  the  Bond  nor  the  in- 
terest payable  thereon  shall  ever  constitute  an  indebtedness 
or  a  charge  against  the  general  credit  or  taxing  powers  of 
the  City  within  the  meaning  of  any  constitutional  or  charter 
provision  or  statutory  limitation  and  neither  shall  ever 
constitute  or  give  rise  to  any  pecuniary  liability  of  the  City. 

Sec.  7.  Be  it  further  ordained,  That  the  Bond  shall  be 
subject  to  prepayment  by  the  City  (but  only  from  moneys 
received  by  it  from  the  Company  or  others)  prior  to  its 
expressed  maturity  as  follows: 

(a)  The  Bond  shall  be  prepaid,  on  any  interest  payment 
date,  either  as  a  whole  at  any  time  or  in  part  from  time  to 
time,  in  multiples  of  $10,000,  upon  the  exercise  by  the 
Company  of  its  option  to  prepay  the  amounts  due  under 
the  Loan  Agreement  as  provided  in  Section  11.1  of  the  Loan 
Agreement,  at  a  prepayment  price  of  the  principal  amount 


ORDINANCES  657 

to  be  prepaid,  together  with  unpaid  interest  thereon  ac- 
crued to  the  date  fixed  for  prepayment,  without  payment  of 
premium  or  penalty  unless  the  Bond  shall  be  prepaid,  either 
as  a  whole  or  in  part,  on  or  before  May  1,  1979,  in  which 
event  a  premium  in  the  amount  of  3%  of  the  principal 
amount  to  be  prepaid  shall  be  charged  in  addition  to  the 
prepayment  price. 

(b)  The  Bond  shall  be  prepaid,  as  a  whole  but  not  in 
part,  upon  the  occurrence  of  an  event  which  under  Section 
11.2  of  the  Loan  Agreement  obligates  the  Company  to 
prepay  amounts  due  under  the  Loan  Agreement.  Section 
11.2  of  the  Loan  Agreement  provides  that  the  Company 
shall  be  obligated  to  prepay  amounts  due  under  the  Loan 
Agreement  in  the  event  that  (i)  as  a  result  of  federal,  state 
or  local  constitutional,  legislative,  administrative  or  judicial 
action  the  Loan  Agreement  shall  have  become  void,  un- 
enforceable or  impossible  of  performance;  or  (ii)  the  Com- 
pany, or  its  permitted  successors  or  assigns,  shall,  for  any 
reason  whatsoever,  discontinue  the  use  and  occupancy  of 
the  Industrial  Building,  or  any  part  thereof,  for  its  intended 
purposes.  If  the  Bond  is  prepaid  pursuant  to  this  Section 
7  (b) ,  the  prepayment  price  shall  be  equal  to  the  outstanding 
principal  amount  of  the  Bond  together  with  unpaid  interest 
on  the  Bond  accrued  to  the  date  fixed  for  prepayment. 

(c)  The  Bond  shall  be  prepaid,  as  a  whole  but  not  in 
part,  upon  any  occurrence  under  the  Loan  Agreement, 
which  gives  the  City,  the  Bank  as  agent  for  the  holder  of 
the  Bond  or  the  holder  of  the  Bond  the  option  to  accelerate 
the  maturity  of  the  amounts  payable  under  the  Loan  Agree- 
ment, at  a  prepayment  price  equal  to  the  outstanding  prin- 
cipal amount  thereof  together  with  unpaid  interest  accrued 
to  the  date  of  prepayment. 

The  City  shall  prepay  the  outstanding  principal  amount 
of  the  Bond  (or  a  portion  thereof  in  the  event  of  partial 
prepayment),  the  interest  thereon  accrued  and  unpaid  to 
the  prepayment  date,  and  the  premium,  if  any,  immediately, 
and  only,  upon  receipt  by  the  City  of  any  sums  payable  by 
the  Company  under  the  Loan  Agreement  as  a  result  of  the 
occurrence  of  any  event  set  forth  in  (a) ,  (b)  or  (c)  above; 
and  the  City  hereby  covenants  to  apply  all  sums  so  re- 
ceived by  it  for  such  purpose  to  the  prepayment  of  the 


658  ORDINANCES  Ord.  No.  793 

Bond.  In  the  event  such  sums  are  not  sufficient  to  provide 
for  the  prepayment  of  the  entire  outstanding  principal 
amount  of  the  Bond,  such  sums  shall  be  applied  to  the  pre- 
payment of  the  installments  of  principal  of  the  Bond  in  the 
inverse  order  of  the  semiannual  installment  payment  dates. 

In  the  event  of  a  partial  prepayment,  the  holder  of  the 
Bond  shall  surrender  the  Bond  to  the  Bond  Registrar  (here- 
inafter referred  to)  for  notation  thereon  that  the  Bond,  to 
the  extent  of  the  amount  prepaid,  has  been  partially  prepaid. 

Notice  of  any  prepayment  shall  be  given  at  least  two  (2) 
banking  days  prior  to  the  prepayment  date  by  mailing  or 
telegraphing  to  the  registered  owner  of  the  Bond  a  notice 
stating  the  prepayment  date,  the  amount  of  principal  to  be 
prepaid,  the  interest  to  be  paid  through  the  prepayment 
date  and  the  amount  of  any  premium  or  additional  interest 
payable  on  the  prepayment  date.  The  notice  may  be  waived 
by  the  registered  owner  of  the  Bond. 

SEC.  8.  Be  it  further  ordained,  That  payment  of  the  Bond 
and  the  interest  thereon  shall  be  made  to  the  registered 
owner  thereof  by  the  Bank  as  agent  for  the  holder  of  the 
Bond.  All  payments  of  principal,  interest  and  other  charges 
required  by  this  Ordinance  or  the  Bond  shall  be  made  at 
the  office  of  the  Bank,  10  Light  Street,  Baltimore,  Mary- 
land 21202,  in  lawful  money  of  the  United  States  of  Amer- 
ica, in  immediately  available  funds.  If  any  principal  or 
interest  payment  on  the  Bond  falls  due  on  a  Saturday, 
Sunday  or  public  holiday  at  the  place  of  payment  thereof, 
then  such  date  shall  be  extended  to  the  next  succeeding 
full  banking  day  at  such  place. 

When  the  principal  of  and  interest  on  the  Bond  shall 
have  been  fully  paid,  the  Bond  shall  forthwith  be  sur- 
rendered to  the  Bond  Registrar  for  cancellation. 

Sec.  9.  Be  it  further  ordained,  That  the  Bond  shall  be 
registered  as  to  both  principal  and  interest.  The  Treasurer 
of  the  City  shall  serve  as  Bond  Registrar,  and  he  shall 
keep  at  his  principal  office,  for  so  long  as  the  Bond  remains 
outstanding,  books  for  the  registration  and  transfer  of  the 
Bond. 


ORDINANCES  659 

The  Bond  shall  be  transferable  only  upon  the  books 
maintained  by  the  Bond  Registrar  by  the  registered  owner 
thereof  in  person  or  by  his  attorney  duly  authorized  in 
writing,  upon  surrender  thereof  together  with  a  written 
instrument  of  transfer  satisfactory  to  the  Bond  Registrar 
duly  executed  by  the  registered  owner  or  his  duly  author- 
ized attorney. 

The  City,  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  the  Bond  Registrar  may  deem  and  treat  the  person  in 
whose  name  the  Bond  shall  be  registered  as  the  absolute 
owner  of  the  Bond,  whether  the  Bond  shall  be  overdue 
or  not,  for  the  purpose  of  receiving  payment  of,  or  on 
account  of,  the  principal  of  and  interest  on  the  Bond  and 
for  all  other  purposes,  and  all  such  payments  so  made  to 
such  registered  owner  or  upon  his  order  shall  be  valid  and 
effectual  to  satisfy  and  discharge  the  liability  upon  the 
Bond  to  the  extent  of  the  sum  or  sums  so  paid,  and  neither 
the  City  nor  the  Bank  nor  the  Bond  Registrar  shall  be 
affected  by  any  notice  to  the  contrary. 

Within  60  days  after  receipt  of  a  written  request  from 
the  holder  of  the  Bond  (or  within  such  longer  period  as 
may  be  reasonably  required  for  the  authorization,  issuance 
and  preparation  of  bonds)  the  City  will  take  action  neces- 
sary to  cause  serial  bonds  to  be  duly  authorized  and  issued, 
to  the  extent  permitted  by  applicable  laws,  in  order  that 
the  Bond  may  be  exchanged  for  a  series  of  serial  bonds. 
Any  serial  bonds  so  authorized  and  issued  shall  be  sub- 
stantially in  the  same  form  as  the  Bond  (as  set  forth  in 
Section  3  of  this  Ordinance),  with  only  such  changes  in 
amounts,  dates  and  other  details  as  may  be  necessary.  All 
such  serial  bonds  shall  (a)  bear  interest  at  the  same  rate, 
and  (b)  be  ratably  and  equally  secured  by,  and  entitled  to 
the  benefits  of,  this  Ordinance,  and  the  security  for  the  re- 
payment of  the  Bond  provided  for  herein.  Any  expenses 
incurred  by  the  City  in  authorizing  and  issuing  any  such 
serial  bonds  shall  be  paid  by  the  Company.  The  term 
"Bond"  as  used  in  this  Ordinance  shall  be  deemed  to  in- 
clude any  serial  bonds  so  authorized  and  issued. 

Sec.  10.  Be  it  further  ordained,  That  the  payments  re- 
quired to  be  made  by  the  Company,  as  set  forth  in  Section 
5.3  of  the  Loan  Agreement  (other  than  payments  due  to 


660  ORDINANCES  Ord.  No.  793 

the  City  under  the  fourth  literary  paragraph  of  such  Sec- 
tion 5.3),  shall  be  paid,  as  set  forth  in  the  Assignment, 
directly  to  the  Bank  as  agent  for  the  holder  of  the  Bond  at 
its  offices  at  10  Light  Street,  Baltimore,  Maryland  21202, 
and  held  by  the  Bank  as  ag-ent  for  the  holder  of  the  Bond  in 
the  separate  special  fund  referred  to  in  Section  4  (iii)  hereof 
in  trust  for  the  holder  of  the  Bond,  and  such  sums  shall 
be  withdrawn  and  applied  to  the  payment  of  the  principal 
of  and  interest  on  the  Bond  as  the  same  become  due. 

Sec.  11.  Be  it  further  ordained,  That  the  Loan  Agree- 
ment by  and  between  the  City  and  the  Company,  pursuant 
to  which  the  City  will  lend  $600,000  to  the  Company  for 
the  purpose  of  financing  the  acquisition  by  the  Company 
of  the  Industrial  Building,  shall  be  substantially  in  the 
following  form,  and  the  form  and  all  of  the  covenants  and 
conditions  therein  contained,  with  such  changes  therein 
as  the  Mayor  of  the  City  shall  approve  (such  approval  to 
be  conclusively  evidenced  by  the  execution  and  delivery  of 
the  Loan  Agreement  by  the  Mayor  of  the  City),  is  hereby 
adopted  by  the  City  as  and  for  the  form  and  tenor  of  the 
obligation  to  be  incurred,  and  such  covenants  and  condi- 
tions are  hereby  made  binding  upon  the  City. 

FORM  OF  LOAN  AGREEMENT 
LOAN  AGREEMENT 

THIS  LOAN  AGREEMENT,  made  as  of  the  day 

of  ,  1978,  between  MAYOR  AND  CITY  COUN- 

CIL OF  BALTIMORE,  a  body  politic  and  corporate  and  a 
political  subdivision  of  the  State  of  Maryland,  (herein- 
after called  the  "City"),  and  HOBELMANN  PORT  SERV- 
ICES, INC.,  a  corporation  organized  and  existing  under 
the  laws  of  the  State  of  Delaware  (hereinafter  called  the 
"Company"). 

WITNESSETH : 

Whereas,  Chapter  352  of  the  1972  Session  of  the  Gen- 
eral Assembly  of  Maryland,  as  amended,  being  Sections 
266A  to  266-1,  inclusive,  of  Article  41  of  the  Annotated  Code 
of  Maryland  (1978  Replacement  Volume),  as  amended 
(hereinafter  called  the  "Act"),  makes  legislative  findings 
that  conditions  of  unemployment  exist  in  many  areas  of 


ORDINANCES  661 

the  State  of  Maryland;  the  development  of  new  commer- 
cial, industrial  and  manufacturing  plants  are  essential  to 
relieve  this  unemployment  and  to  establish  a  balanced 
economy  within  the  State  of  Maryland;  and  the  present 
and  prospective  health,  happiness,  safety,  right  of  gainful 
employment,  and  general  welfare  of  the  citizens  of  each  of 
the  counties  and  municipalities  of  the  State  of  Maryland 
will  be  promoted  by  the  establishment  of  industrial  build- 
ings; and 

Whereas,  the  Act  authorizes  the  municipalities  and 
counties  of  the  State  of  Maryland  to  issue  revenue  bonds 
for  the  purpose  of  providing  funds  to  pay  all  or  any  part 
of  the  cost  of  the  acquisition  (as  that  term  is  defined  in 
the  Act)  of  industrial  buildings  (as  that  term  is  defined 
in  the  Act),  and  to  lend  any  such  funds  to  an  industrial 
concern,  for  such  purposes  as  shall  effectuate  the  purposes 
of  the  Act,  under  a  loan  agreement  which  may  provide 
that  the  industrial  buildings  shall  become  the  property  of 
the  industrial  concern  upon  the  acquisition  thereof  and 
may  contain  such  other  terms  and  conditions  consistent 
with  the  Act  'as  shall  be  agreed  upon;  and 

Whereas,  the  Company  has  requested  the  City  to  pro- 
vide financing  for  the  acquisition  of  the  Industrial  Build- 
ing (hereinafter  defined)  to  be  located  Within  the  City  of 
Baltimore;  and 

Whereas,  the  Company  has  represented  to  the  City  that 
the  Industrial  Building  is  suitable  for  and  will  be  used  for 
purposes  permitted  for  industrial  buildings  (as  the  term  is 
defined  in  the  Act) ;  and 

Whereas,  the  City  has  agreed,  upon  the  terms  and  con- 
ditions hereinafter  in  this  Loan  Agreement  set  forth,  to 
lend  funds  to  the  Company  to  be  used  for  the  purposes  of 
paying  the  cost  of  the  acquisition  of  the  Industrial  Build- 
ing and  to  raise  such  funds  by  the  issuance  and  sale  of  its 
industrial  development  revenue  bond  pursuant  to  the  Or- 
dinance (hereinafter  defined) ;  and 

Whereas,  the  industrial  development  revenue  bond  is- 
sued under  the  Ordinance  will  be  secured  by  (a)  an  assign- 
ment of  the  City's  interest  in  this  Loan  Agreement, 
including  the  revenues  and  receipts  derived,  and  the  col- 
lateral pledged,  hereunder,  which  have  been  pledged  under 


662  ORDINANCES  Ord.  No.  793 

the  Ordinance  to  the  Bank  (hereinafter  denned),  as  agent 
for  the  holder  of  the  industrial  development  revenue  bond, 
and  (b)  by  the  Guaranty  Agreement  (hereinafter  denned). 

NOW,  THEREFORE,  in  consideration  of  the  repre- 
sentations, warranties,  covenants,  terms  and  agreements 
herein  contained  and  other  good  and  valuable  considera- 
tion, the  receipt  and  sufficiency  of  which  are  hereby  ac- 
knowledged, the  parties  hereto  agree  as  follows;  provided, 
that  in  the  performance  of  the  agreements  of  the  City 
herein  contained,  any  obligation  it  may  incur  for  the  pay- 
ment of  money  shall  not  create  a  pecuniary  liability  or  a 
charge  upon  its  general  credit  or  against  its  taxing  powers 
but  shall  be  payable  solely  out  of  the  proceeds  derived 
from  this  Loan  Agreement  and  the  sale  of  the  Bond  re- 
ferred to  in  Section  4.2  hereof: 

ARTICLE  I. 

Definitions 

The  following  words  and  terms  as  used  in  this  Agree- 
ment shall  have  the  following  meanings  unless  the  context 
or  use  clearly  indicates  another  or  different  meaning  or 
intent: 

"Acquisition"  or  "acquisition"  means,  when  used  in  re- 
gard to  the  Industrial  Buildings,  the  acquisition  of  the 
Industrial  Buildings  as  such  meaning  is  intended  in  the 
Act,  and  shall  include,  where  applicable  and  without  limi- 
tation, the  purchase,  construction,  rehabilitation,  remodel- 
ing, extension,  equipping  and  permanent  improvement  of 
the  Industrial  Buildings. 

"Act"  means  Chapter  352  enacted  by  the  1972  Session 
of  the  General  Assembly  of  Maryland,  as  amended,  being 
Sections  266A  to  266-1,  inclusive,  of  Article  41  of  the  An- 
notated Code  of  Maryland  (1978  Replacement  Volume),  as 
amended. 

"Agreement"  means  this  Loan  Agreement. 

"Assignment"  means  the  Assignment  of  even  date  here- 
with by  which  the  City  assigns  to  the  Bank  as  agent  for 
the  holder  of  the  Bond,  all  of  its  right,  title  and  interest 
in  and  to,  and  remedies  under,  this  Agreement  and  moneys 
due  and  to  become  due  to  the  City  hereunder  and  all  col- 


ORDINANCES  663 

lateral  pledged  hereunder,  as  security  for  the  Loan  as  set 
forth  in  the  Assignment. 

"Authorized  City  Representative"  means  the  person  at 
the  time  designated  to  act  on  behalf  of  the  City  by  written 
certificate  furnished  to  the  Company  and  the  Bank  as 
agent  for  the  holder  of  the  Bond,  containing  the  specimen 
signature  of  such  person  and  signed  on  behalf  of  the  City 
by  the  Mayor  of  the  City.  Such  certificate  may  designate 
an  alternate  or  alternates. 

"Authorized  Company  Representative"  means  the  person 
or  persons  at  the  time  designated  to  act  on  behalf  of  the 
Company  by  written  certificate  furnished  to  the  City  and 
the  Bank  as  agent  for  the  holder  of  the  Bond,  containing 
the  specimen  signature  of  such  person  and  signed  on  be- 
half of  the  Company  by  its  President  or  one  of  its  Vice 
Presidents.  Such  certificate  may  designate  an  alternate 
or  alternates. 

"Bank"  means  Maryland  National  Bank,  a  national  bank- 
ing association,  and  its  successors  and,  except  for  a  sub- 
sequent purchaser  of  the  Bond  (hereinafter  defined),  its 
assigns. 

"Bank  as  agent  for  the  holder  of  the  Bond"  means  the 
Bank  acting  in  its  fiduciary  capacity  as  agent  for  the  holder 
of  the  Bond,  performing  the  functions  described  in  the 
Ordinance  (hereinafter  defined)  and  in  the  Assignment. 

"Banking  Day"  means  a  day  other  than  a  Saturday, 
Sunday  or  legal  holiday  in  the  State  of  Maryland. 

"Bond"  means  the  City  of  Baltimore,  Maryland  Industrial 
Development  Revenue  Bond  (Hobelmann  Port  Services,  Inc. 
Project)  dated  as  of  May  1,  1978,  in  the  principal  amount 
of  $600,000  to  be  issued  pursuant  to  the  Ordinance  (here- 
inafter defined) ,  without  pecuniary  liability  on  the  part  of 
the  City.  In  the  event  the  Bond  is  at  any  time  exchanged 
for  serial  bonds  as  set  forth  in  Section  9  of  the  Ordinance 
(hereinafter  defined),  then,  and  in  that  event,  the  term 
"Bond"  shall  be  deemed  to  include,  and  shall  mean,  such 
serial  bonds. 

"City"  means  Mayor  and  City  Council  of  Baltimore,  a 
body  politic  and  corporate  and  a  political  subdivision  of 
the  State  of  Maryland,  and  its  successors  and  assigns. 


664  ORDINANCES  Ord.  No.  793 

"Code"  means  the  Internal  Revenue  Code  of  1954,  as 
amended,  and  the  Treasury  Regulations  issued  thereunder. 

"Collateral"  means  the  Collateral  referred  to  and  de- 
scribed in  Section  2.2  of  this  Agreement. 

"Company"  means  Hobelmann  Port  Services,  Inc.,  a  Dela- 
ware corporation,  and  its  successors  and  assigns. 

"Guaranty  Agreement"  means  the  Guaranty  Agreement 
of  even  date  herewith,  executed  and  delivered  by  the  Com- 
pany whereby  the  Company  fully  and  unconditionally 
guarantees  to  the  Bank  for  the  benefit  of  the  holder  of  the 
Bond  the  payment  of  the  principal  of  and  interest  on  the 
Bond. 

"Holder  of  the  Bond"  or  "holder  of  the  Bond"  means 
the  registered  owner  of  the  Bond,  which  may  be  the  Bank. 

"Industrial  Building"  means  the  Industrial  Building, 
and  is  intended  to  have  the  meaning  ascribed  to  the  term 
"industrial  building"  in  the  Act,  which  Industrial  Build- 
ing is  more  particularly  described  in  Exhibit  A  attached 
to  this  Agreement  and  made  a  part  hereof. 

"Loan"  means  the  Loan  in  the  principal  amount  of 
$600,000  evidenced  by  and  described  in  this  Agreement 
to  be  made  by  the  City  to  the  Company. 

"Loan  Agreement"  means  this  Loan  Agreement. 

"Loan  Term"  means  the  period  the  Loan  is  to  be  out- 
standing as  specified  in  Section  5.1  hereof. 

"Net  Proceeds"  when  used  with  respect  to  any  con- 
demnation award  or  insurance  proceeds  allocable  to  the 
Industrial  Buildings  means  the  gross  proceeds  from  con- 
demnation or  insurance  so  allocable,  with  respect  to  which 
that  term  is  used,  remaining  after  payment  of  all  expenses 
(including  attorney's  fees  and  any  extraordinary  expenses 
of  the  Bank  as  agent  for  the  holder  of  the  Bond)  incurred 
in  the  collection  of  such  gross  proceeds. 

"Ordinance"  means  Ordinance  No.  of  the  City  ap- 

proved by  the  Mayor  of  the  City  on  ,  1978, 

by  which  the  City  has,  inter  alia,  authorized  the  execution 
and  delivery  of  this  Loan  Agreement,  the  Assignment  and 


ORDINANCES  665 

the  Guaranty  Agreement  (for  the  limited  purposes  therein 
provided),  and  the  issuance  and  sale  and  execution  and 
delivery  of  the  Bond,  and  has  pledged  the  moneys  derived 
and  to  be  derived  by  the  City  from  this  Agreement  to 
secure  the  punctual  payment  of  the  Bond  and  the  interest 
thereon. 

"Prepayment  Provisions"  means,  with  respect  to  the 
Bond,  the  provisions  for  the  prepayment  of  the  Bond  pur- 
suant to  Section  7  of  the  Ordinance. 

The  words  "hereof",  "herein",  "hereunder",  "hereto", 
and  other  words  of  similar  import  refer  to  this  Agree- 
ment as  a  whole. 

References  to  Articles,  Sections,  and  other  subdivisions 
of  this  Agreement  are  to  the  designated  Articles,  Sections, 
and  other  subdivisions  of  this  Agreement  as  originally 
executed. 

The  headings  of  this  Agreement  are  for  convenience  only 
and  shall  not  define  or  limit  the  provisions  hereof. 

ARTICLE  II. 

Lending  Clauses  and  Security 

Sec.  2.1.  The  Loan.  The  City  agrees,  upon  the  terms  and 
subject  to  the  conditions  contained  in  this  Agreement,  to 
make  the  Loan  to  the  Company  in  the  amount  of  $600,000. 
The  Company  unconditionally  promises  to  repay  the  prin- 
cipal of  the  Loan  with  interest  thereon  as  provided  in  this 
Agreement. 

Sec.  2.2.  Security.  As  security  for  the  Loan,  the  Company 
hereby  assigns  to  the  City  and  its  assigns  (including  the 
Bank  as  agent  for  the  holder  of  the  Bond),  and  grants  to 
the  City  and  its  assigns  (including  the  Bank  as  agent  for 
the  holder  of  the  Bond)  a  security  interest  in,  all  of  the 
Company's  right,  title  and  interest  in  and  to,  and  remedies 
under,  (a)  Article  XIX  of  that  certain  Imported  Vehicle 
Service  and  Storage  Contract  dated  February  13,  1978 
(hereinafter  called  the  "Service  Contract")  between  the 
Company  and  Nissan  Motor  Corporation  in  U.S.A.,  a  Cali- 
fornia corporation  (hereinafter  called  "Nissan"),  including, 


666  ORDINANCES  Ord.  No.  793 

without  limitation,  the  rights  of  the  Company  to  receive 
the  monthly  rental  payments  referred  to  in  Article  XIX  of 
the  Service  Contract,  and  (b)  the  sublease  from  the  Bor- 
rower to  Nisaan  referred  to  in  Article  XIX  of  the  Service 
Contract,  and  all  proceeds  thereof  (collectively,  hereinafter 
called  the  "Collateral" ).  The  Company  agrees  that  with 
respect  to  the  Collateral  the  City  and  its  assigns  (including 
the  Bank  as  agent  for  the  holder  of  the  Bond)  shall  have 
all  of  the  rights  and  remedies  of  a  secured  party  under 
the  Maryland  Uniform  Commercial  Code.  With  respect  to 
the  Collateral  the  Company  covenants  and  agrees  that : 

(a)  It  will  not  transfer,  sell  or  assign  its  interest  in 
the  Collateral,  nor  permit  any  other  security  interest  to 
be  created  thereon. 

(b)  Upon  the  occurrence  of  an  Event  of  Default  here- 
under the  City  and  its  assigns  (including  the  Bank  as  agent 
for  the  holder  of  the  Bond)  shall  have  the  unconditional 
right,  and  is  hereby  authorized,  to  notify  Nissan  of  the 
occurrence  of  the  Event  of  Default  and  to  request  that 
Nissan  make  all  of  the  monthly  rental  payments  referred 
to  in  Article  XIX  of  the  Service  Contract,  as  well  as  all  other 
payments  to  be  made  by  Nissan  under  the  sublease  referred 
to  in  Article  XIX,  directly  to  the  Bank  as  agent  for  the 
holder  of  the  Bond.  The  Company  hereby  authorizes  and 
directs  Nissan,  upon  receipt  by  Nissan  of  such  notice  and 
request,  to  make  all  such  payments  directly  to  the  Bank 
as  agent  for  the  holder  of  the  Bond. 

(c)  All  rights  conferred  on  the  City  and  its  assigns 
(including  the  Bank  as  agent  for  the  holder  of  the  Bond) 
hereby  are  in  addition  to  those  granted  to  it  by  the  Uni- 
form Commercial  Code  and  any  other  law.  Failure  or  re- 
peated failure  to  enforce  any  rights  hereunder  shall  not 
constitute  an  estoppel  or  waiver  of  the  City's  (or  its 
assignee's)  rights  to  exercise  such  rights  accruing  prior 
to  or  subsequent  thereto. 

ARTICLE  III. 

Representations  and  Warranties;  Findings 

Sec.  3.1  Representations  by  the  City.  The  City  makes  the 
following  representations : 


ORDINANCES  667 

(a)  Corporate  Existence.  The  City  is  a  body  politic  and 
corporate  and  a  political  subdivision  of  the  State  of  Mary- 
land. Under  the  provisions  of  the  Act,  the  City  has  the 
power  to  enter  into  the  transactions  contemplated  by  this 
Agreement  and  to  carry  out  its  obligations  hereunder. 
By  proper  action,  the  City  has  been  duly  authorized  to 
execute  and  deliver  this  Agreement,  to  enter  into  the 
transactions  contemplated  hereby  and  to  issue  and  sell  the 
Bond. 

(b)  Issuance  of  the  Bond.  To  finance  the  cost  of  the 
acquisition  of  the  Industrial  Building  the  City  has  agreed 
at  the  request  of  the  Company  to  issue  and  sell  the  Bond 
and  to  lend  the  proceeds  thereof  to  the  Company  pursuant 
to  the  terms  and  conditions  of  this  Agreement. 

(c)  Pledge  of  Proceeds  of  the  Loan.  As  provided  in  the 
Ordinance  pursuant  to  which  the  Bond  is  to  be  issued  and 
sold,  the  City's  interest  in  this  Loan  Agreement  and  the 
moneys  derived  by  the  City  from  the  repayment  of  the 
Loan  will  be  pledged  for  payment  of  the  principal  of  and 
interest  on  the  Bond  and  for  any  other  payment  referred 
to  in  Section  5.3  hereof. 

Sec.  3.2.  Representations  and  Warranties  by  the  Com- 
pany. The  Company  makes  the  following  representations 
and  warranties: 

(a)  Good  Standing.  The  Company  (i)  is  a  corporation 
duly  organized  and  existing,  in  good  standing,  under  the 
laws  of  the  State  of  Delaware,  (ii)  has  the  corporate  power 
to  own  its  property  and  to  carry  on  its  business  as  now 
being  conducted,  and  (iii)  is  duly  qualified  to  do  business 
and  is  in  good  standing  in  each  jurisdiction  in  which  the 
character  of  the  properties  owned  by  it  therein  or  in  which 
the  transaction  of  its  business  makes  such  qualification 
necessary. 

(b)  Corporate  Authority.  The  Company  has  full  power 
and  authority  to  enter  into  this  Agreement,  to  make  the 
borrowing  hereunder,  to  execute  and  deliver  this  Agree- 
ment, the  Guaranty  Agreement,  and  all  other  documents 
necessary  in  the  premises,  and  to  incur  the  obligations 
provided  for  herein  and  therein,  all  of  which  have  been 
duly   authorized   by   all    proper   and   necessary   corporate 


668  ORDINANCES  Ord.  No.  793 

action.  No  consent  or  approval  of  stockholders  or  of  any 
public  authority  or  regulatory  body  is  required  as  a  con- 
dition to  the  validity  or  enforceability  of  this  Agreement 
or  the  Guaranty  Agreement. 

(c)  Binding  Agreements.  This  Agreement  and  the 
Guaranty  Agreement,  have  been  duly  and  properly  executed 
by  the  Company,  constitute  the  valid  and  legally  binding 
obligations  of  the  Company,  and  are  fully  enforceable 
against  the  Company  in  accordance  with  their  respective 
terms. 

(d)  No  Conflicting  Agreements.  The  execution  and  per- 
formance by  the  Company  of  this  Agreement  and  the 
Guaranty  Agreement  will  not  (a)  violate  (i)  any  order  of 
any  court  or  other  agency  of  government  binding  upon 
the  Company,  (ii)  the  charter  of  the  Company,  or  (iii)  the 
By-laws  of  the  Company,  or  (b)  violate  any  indenture, 
contract,  agreement  or  other  instrument  to  which  the  Com- 
pany is  a  party,  or  by  which  it  or  any  of  its  property  is 
bound,  or  (c)  be  in  conflict  with,  result  in  a  breach  of  or 
constitute  (with  due  notice  and/or  lapse  of  time)  a  default 
under,  any  such  indenture,  contract,  agreement  or  other 
instrument. 

(e)  Litigation.  There  are  no  actions,  suits  or  pro- 
ceedings (whether  or  not  purportedly  on  behalf  of  the 
Company)  pending  or,  to  the  knowledge  of  the  Company, 
threatened  against  or  affecting  the  Company  at  law  or  in 
equity  or  before  or  by  any  federal,  State,  municipal  or 
other  governmental  department,  commission,  board,  bureau, 
agency  or  instrumentality,  domestic  or  foreign,  which  in- 
volve the  transactions  contemplated  in  this  Agreement  or  the 
possibility  of  any  judgment  or  liability  which  may  result  in 
any  material  and  adverse  change  in  the  business,  operations, 
prospects,  properties  or  assets  or  in  the  condition,  financial 
or  otherwise,  of  the  Company;  and  the  Company  is  not,  to 
the  knowledge  of  the  Company,  in  default  with  respect 
to  any  judgment,  order,  writ,  injunction,  decree,  rule  or 
regulation  of  any  court  or  federal,  State,  municipal  or  other 
governmental  department,  commission,  board,  bureau, 
agency  or  instrumentality,  domestic  or  foreign,  which  would 
have  a  materially  adverse  effect  on  the  Company. 

(f)  Financial  Condition.  The  balance  sheet  of  the  Com- 


ORDINANCES  669 

pany  as  of  December  31,  1977,  together  with  statements 
of  profit  and  loss  and  of  surplus  for  the  period  then  ended, 
heretofore  delivered  to  the  Bank,  are  complete  and  correct 
and  fairly  present  the  financial  condition  of  the  Company 
and  the  results  of  its  operations  and  transactions  in  its 
surplus  accounts  as  of  the  date  and  for  the  period  referred 
to  and  have  been  prepared  in  accordance  with  generally 
accepted  accounting  principles  applied  on  a  consistent  basis 
throughout  the  period  involved.  There  are  no  liabilities, 
direct  or  indirect,  fixed  or  contingent,  of  the  Company  as 
of  the  date  of  such  balance  sheet  which  are  not  reflected 
therein  or  in  the  notes  thereto.  There  has  been  no  material 
adverse  change  in  the  financial  condition  or  operations  of 
the  Company  since  the  date  of  such  balance  sheet.  The  Com- 
pany has  good  and  marketable  title  to  all  its  properties 
and  assets,  and  all  such  properties  and  assets  are  free  and 
clear  of  mortgages,  pledges,  liens,  charges  and  other  encum- 
brances, except  as  reflected  on  such  balance  sheet  or  the 
notes  thereto,  except  for  liens  or  security  interests  in  favor 
of  the  Bank. 

(g)  Utility  Arrangements  and  Permits.  The  Company 
has  procured,  or  hereby  agrees  to  use  its  best  efforts  to 
procure,  from  the  appropriate  state,  county,  municipal, 
and  other  authorities  and  corporations,  connection  and  dis- 
charge arrangements  for  the  supply  of  water,  gas,  elec- 
tricity and  other  utilities  and  sewage  and  industrial  waste 
disposal  for  the  operation  of  the  Industrial  Building. 

(h)  Taxes.  The  Company  has  filed  or  caused  to  be  filed 
all  federal,  State  and  local  tax  returns  which,  to  the  knowl- 
edge of  the  officers  of  the  Company,  are  required  to  be 
filed,  and  has  paid  or  caused  to  be  paid  all  taxes  as  showTi 
on  such  returns  or  on  any  assessment  received  by  it,  to  the 
extent  that  such  taxes  have  become  due.  The  Company  has 
set  up  reserves  which  are  believed  by  the  Company  to  be 
adequate  for  the  payment  of  additional  taxes  for  years 
which  have  not  been  audited  by  the  respective  tax  author- 
ities. 

(i)  Use  of  Loan  Proceeds.  The  Company  intends  to  use 
the  proceeds  of  the  Loan  solely  to  acquire  the  Industrial 
Building.  The  Company  intends  the  Bond  to  be  an  "Indus- 
trial Development  Bond"  within  the  meaning  of  Section 
103(b)(2)  of  the  Code. 


670  ORDINANCES  Ord.  No.  793 

Substantially  all  of  the  proceeds  of  the  Bond  will  be  used 
to  acquire  land  or  to  acquire  property  of  a  character  subject 
to  the  allowance  for  depreciation  as  prescribed  in  Section 
103(b)(6)(A)  of  the  Code;  and  the  Company  will  not 
commit  any  act  which  will  adversely  affect  the  tax  exempt 
status  of  the  interest  on  the  Bond.  No  part  of  the  proceeds 
of  the  Bond  will  be  used  to  finance  inventory  or  for  work- 
ing capital.  On  the  basis  of  the  facts,  estimates  and  circum- 
stances in  existence  on  the  date  of  this  Agreement,  a  period 
of  less  than  one  year  from  the  date  of  issuance  of  the  Bond 
is  necessary  for  the  completion  of  the  acquisition  of  the 
Industrial  Building". 

(j)  Liens  on  Collateral.  There  exist (s)  no  lien  or  liens 
on  the  Collateral  pledged  as  security  for  the  Loan  under 
Section  2.2  of  this  Agreement,  other  than  a  security 
interest  in  favor  of  the  Bank  which  will  be  released  upon 
delivery  of  the  Bond. 

(k)  Commencement  of  Work  and  Binding  Obligations. 
The  Company  did  not  commence  work  on,  and  did  not  incur 
any  binding  obligations  for  the  acquisition  of,  the  Indus- 
trial Building  until  after  October  5,  1977.  The  Company 
would  not  have  undertaken  to  acquire  the  Industrial  Build- 
ing without  the  assurances  of  the  City  (evidenced  by  the 
acceptance  on  October  5,  1977  by  the  Mayor  of  the  City  of 
the  Company's  letter  of  intent  to  the  City  dated  September 
7,  1977)  that  the  City  would  issue  and  sell  the  Bond  and 
loan  the  proceeds  thereof  to  the  Company  to  pay  the  costs 
of  the  acquisition  of  the  Industrial  Building. 

(1)  Service  Contract.  The  Service  Contract  is  in  full 
force  and  effect  on  the  date  hereof,  and  neither  the  Com- 
pany nor  Nissan  is  in  default  under  the  terms  thereof. 

Sec.  3.3.  Findings  by  City.  The  City  hereby  confirms  its 
findings  that  the  acquisition  of  the  Industrial  Building  will 
promote  the  purposes  of  the  Act  by  (i)  maintaining  em- 
ployment and  relieving  unemployment  in  the  City  of  Bal- 
timore, and  elsewhere  in  the  State  of  Maryland;  (ii)  en- 
couraging the  increase  of  industry  and  a  balanced  economy 
in  the  State  of  Maryland  and  in  the  City  of  Baltimore; 
(iii)  promoting  economic  development;  and   (iv)  thus  pro- 


ORDINANCES  671 

moting  the  health,  welfare  and  safety  of  the  residents  of 
the  City  of  Baltimore  and  of  the  State  of  Maryland. 

ARTICLE  IV. 

Commencement  and  Completion  of  the 
Industrial  Building;  Issuance  of  the  Bond 

Sec.  4.1.  Agreement  to  Acquire  the  Industrial  Building. 
The  Company  covenants  and  agrees  that: 

(a)  It  will  cause  the  Industrial  Building  to  be  acquired 
substantially  in  accordance  with  the  description  of  the 
Industrial  Building  set  forth  in  Exhibit  A  attached  hereto. 

(b)  It  will  submit  all  plans  and  specifications  for  the 
Industrial  Building  to  the  Bank  and  the  Department  of 
Housing  and  Community  Development  for  approval.  The 
Company  understands  that,  in  addition  to  the  economic 
feasibility  of  the  construction  of  the  Industrial  Building, 
the  Department  of  Housing  and  Community  Development 
may  consider,  without  limitation,  the  suitability  of  the 
site  plan,  architectural  treatment,  building  plans,  elevations, 
materials,  color,  construction  details,  access  parking,  loading, 
landscaping,  identification  signs,  exterior  lighting,  refuse 
collection  details,  streets,  sidewalks,  and  harmony  between 
the  plans  and  the  surroundings  of  the  proposed  Industrial 
Building;  and  that  the  Department  of  Housing  and  Com- 
munity Development  may  refuse  approval  of  such  plans 
and   specifications  for  aesthetic  or  functional   reasons. 

(c)  It  and  its  developers  will  work  with  the  design 
advisory  group  appointed  by  the  Department  of  Housing 
and  Community  Development  in  order  to  achieve  high 
quality  site,  building,  and  landscape  design. 

(d)  Without  the  prior  written  consent  of  the  Bank  as 
agent  for  the  holder  of  the  Bond,  it  and  its  contractors  will 
not  make  any  changes  in  the  Industrial  Buildings  to  be 
acquired  as  described  in  Exhibit  A  attached  hereto. 

SEC.  4.2.  Agreement  to  Issue  Bond;  Application  of  Bond 
Proceeds.  In  order  to  provide  funds  for  payment  of  the 
costs  of  acquisition  provided  for  in  Section  4.3  hereof,  the 
City  agrees  that  it  will  issue  and  sell  the  Bond  and  cause 
the  Bond  to  be  delivered  to  the  Bank  pursuant  to  and  in 


672  ORDINANCES  Ord.  No.  793 

accordance  with  the  Ordinance.  Upon  receipt  of  the  pro- 
ceeds of  the  Bond,  the  City  will  disburse  such  proceeds  to 
the  Company  in  accordance  with  the  provisions  of  the 
Ordinance  and  Section  4.3  of  this  Agreement. 

Sec.  4.3.  Disbursement  of  the  Loan  Proceeds.  The  City 
and  the  Company  hereby  authorize  and  direct  the  use  of 
the  proceeds  of  the  Loan  for  the  following  purposes  and 
for  no  other  purpose: 

(a)  Payment  of  the  necessary  expenses  of  preparing 
and  selling  the  Bond;  the  fees  and  expenses  for  recording 
or  filing  any  financing  statements  required  by  the  City  or 
the  Bank  as  agent  for  the  holder  of  the  Bond  to  be  re- 
corded or  filed,  and  any  other  documents  or  instruments, 
the  filing  or  recording  of  which  either  the  City,  the  Bank 
as  agent  for  the  holder  of  the  Bond,  or  the  Company,  or 
counsel  to  the  City,  the  Bank  as  agent  for  the  holder  of 
the  Bond,  or  the  Company  may  reasonably  deem  desirable; 
and  the  fees  and  expenses  in  connection  with  the  com- 
mencement and  prosecution  of  any  action  or  proceeding 
that  either  the  City,  the  Bank  as  agent  for  the  holder  of 
the  Bond,  or  the  Company,  or  counsel  to  the  City,  the  Bank 
as  agent  for  the  holder  of  the  Bond,  or  the  Company  may 
reasonably  deem  desirable  in  connection  with  this  Agree- 
ment and  the  transactions  contemplated  hereby. 

(b)  Payment  to  the  Company  of  such  amount,  if  any, 
as  shall  be  necessary  to  reimburse  the  Company  for  all  ad- 
vances and  payments  made  or  costs  incurred  by  the  Com- 
pany prior  to  or  after  the  execution  of  this  Agreement  for 
expenditures  in  connection  with  the  preparation  of  any 
plans  and  specifications  for  the  Industrial  Building  (in- 
cluding any  preliminary  study  of  the  Industrial  Building 
or  any  aspect  thereof) ;  site  improvements;  any  and  all 
direct  costs  of  acquisition  of  the  Industrial  Building;  the 
construction,  acquisition  and  installation  necessary  to  pro- 
vide utility  services;  acquisition  of  all  other  real  and  per- 
sonal property  deemed  necessary  in  connection  with  the 
Industrial  Building;  and  for  miscellaneous  expenses  inci- 
dental to  any  of  the  above  (including,  without  limitation, 
fees  for  architectural,  engineering  and  supervisory  serv- 
ices with  respect  to  any  of  the  foregoing). 


ORDINANCES  673 

(c)  Payment  of  the  legal  and  accounting  fees  (includ- 
ing those  of  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  the  City)  and  expenses  incurred  in  connection  with 
the  authorization,  issuance  and  sale  of  the  Bond,  the  prep- 
aration of  this  Agreement  and  all  other  documents  in  con- 
nection therewith  and  in  connection  with  the  acquisition 
of  title  to  the  Industrial  Building;  and  payment  of  the  fees, 
or  out-of-pocket  expanses,  of  the  City,  if  any,  incurred 
with  respect  to  the  Industrial  Building  or  the  Bond  to  be 
issued  under  the  Ordinance. 

(d)  Payment  for  labor,  services,  materials  and  sup- 
plies used  or  furnished  for  any  of  the  purposes  or  objec- 
tives set  out  in  Section  4.3  (b)  above. 

(e)  Payment  of  any  other  expenses  authorized  under 
the  Act  and  approved  by  the  Bank  as  agent  for  the  holder 
of  the  Bond. 

The  proceeds  of  the  Bond  will  be  disbursed  by  the  Bank, 
directly  to  the  Company,  but  only  upon  receipt  and  ap- 
proval by  the  Bank  as  agent  for  the  holder  of  the  Bond 
of  the  Certificate  of  Completion  and  Payment  described 
in  Section  4.4  of  this  Agreement. 

The  Company  covenants  that  substantially  all  of  the 
proceeds  of  the  Bond  shall  be  used  in  compliance  with 
Section  103(b)  (2)  of  the  Code,  and  shall  be  used  for  the 
acquisition  of  land  or  the  acquisition,  construction  or  in- 
stallation of  property  of  a  character  subject  to  the  allow- 
ance for  depreciation  as  prescribed  in  Section  103(b) 
(6)  (A)  of  the  Code. 

Sec.  4.4.  Certificate  of  Completion  and  Payment.  The 
completion  of  the  Industrial  Building  shall  be  evidenced 
to  the  Bank  as  agent  for  the  holder  of  the  Bond  and  the 
City  by  a  certificate  signed  by  the  Authorized  Company 
Representative  stating  in  substance  that  (1)  the  acquisi- 
tion of  the  Industrial  Building  has  been  completed  in  ac- 
cordance with  the  description  thereof  set  forth  in  Exhibit 
A  hereto  and  any  plans  and  specifications  submitted  to 
and  approved  by  the  Bank  and  the  City,  and  all  labor, 
services,  materials  and  supplies  used  in  such  acquisition 
have  been  paid  for,  (2)  all  other  improvements  necessary 
in  connection  with  the  Industrial  Building  have  been  ac- 


674  ORDINANCES  Ord.  No.  793 

quired  and  constructed  substantially  in  accordance  with 
the  description  thereof  set  forth  in  Exhibit  A  hereto,  and 
all  costs  and  expenses  incurred  in  connection  therewith 
have  been  paid,  (3)  the  Industrial  Building  is  suitable 
and  sufficient  for  its  intended  purposes,  (4)  substantially 
all  of  the  proceeds  from  the  Bond  will  be  used  for  pur- 
poses allowable  under  Section  103(b)  (2)  of  the  Code,  and 
(5)  the  Industrial  Building  has  been  completed  to  the 
satisfaction  of  Nissan  and  is  suitable  for,  and  is  being 
utilized  for,  the  intended  purposes  as  set  forth  in  the 
Service  Contract. 

Notwithstanding  the  foregoing,  such  certificate  shall 
state  that  it  is  given  without  prejudice  to  any  rights 
against  third  parties  which  exist  at  the  date  of  such  Cer- 
tificate or  which  may  subsequently  come  into  being. 

SEC.  4.5.  Company  Required  to  Pay  Costs  in  the  Event 
Bond  Proceeds  Insufficient.  In  the  event  the  proceeds  of 
the  Bond  available  for  payment  of  the  costs  of  the  acqui- 
sition of  the  Industrial  Building  shall  not  be  sufficient  to 
pay  the  costs  thereof  in  full  (including  all  items  of  cost 
set  forth  in  Section  4.3  hereof),  the  Company  agrees  to 
complete  the  acquisition  of  the  Industrial  Building  and 
pay  all  that  portion  of  the  costs  of  the  acquisition  of  the 
Industrial  Building  (including  all  items  of  cost  set  forth 
in  Section  4.3  hereof)  as  may  be  in  excess  of  the  proceeds 
of  the  Bond  available  therefor.  The  City  does  not  make 
any  warranty,  either  express  or  implied,  that  the  proceeds 
of  the  Bond  which,  under  the  provisions  of  this  Agree- 
ment, will  be  available  for  payment  of  the  costs  of  the 
acquisition  of  the  Industrial  Building  will  be  sufficient  to 
pay  all  the  costs  which  will  be  incurred  in  that  connection 
(including  all  items  of  cost  set  forth  in  Section  4.3  hereof). 
The  Company  agrees  that  if  after  exhaustion  of  the  pro- 
ceeds of  the  Bond  the  Company  shall  pay  any  portion  of 
the  costs  of  the  acquisition  of  the  Industrial  Building  pur- 
suant to  the  provisions  of  this  Section,  it  shall  not  be  entitled 
to  any  reimbursement  therefor  from  the  City,  or  from  the 
Bank,  or  from  the  Bank  as  agent  for  the  holder  of  the 
Bond,  or  from  the  holder  of  the  Bond,  nor  shall  it  be  en- 
titled to  any  diminution  of  the  amounts  payable  hereunder. 


ORDINANCES  675 

ARTICLE  V. 

Effective  Date  of  This  Agreement;  Duration  of  Loan 
Term;  Ownership  and  Possession  of  Industrial  Building; 
Repayment  Provisions;  Obligations  of  Company  Uncon- 
ditional 

Sec.  5.1.  Effective  Date  of  This  Agreement;  Duration  of 
Loan  Term.  This  Agreement  shall  become  effective  upon 
its  delivery,  and  shall  expire  on  such  date  as  the  Bond  has 
been  fully  paid  and  retired  and  all  other  payments  re- 
quired hereunder  have  been  made;  provided  however,  that 
the  expiration  of  this  Agreement  shall  not  affect  the  Com- 
pany's obligation  to  pay  to  the  holder  of  the  Bond  an  addi- 
tional amount  after  the  Bond  has  been  fully  paid  and  re- 
tired in  the  event  that  the  holder  of  the  Bond  in  a  tax 
return  or  as  a  result  of  a  deficiency  assessment  or  other- 
wise, incurs  a  tax  liability  as  more  fully  set  out  in  Section 
5.3  hereof. 

SEC.  5.2.  Ownership  and  Possession  vf  the  Industrial 
Building.  The  City  agrees  that  the  Industrial  Building  shall 
be  the  sole  property  of  the  Company  and  that  the  Com- 
pany shall  enjoy  the  sole  and  exclusive  ownership  and 
possession  of  the  Industrial  Building  (subject  to  the  right 
of  the  City  to  enter  thereon  for  inspection  and  other  pur- 
poses pursuant  to  the  provisions  of  Section  9.2  hereof). 
The  City  covenants  and  agrees  that  it  will  not  take  any 
action,  other  than  pursuant  to  Article  X  of  this  Loan 
Agreement  and  its  general  police  powers,  to  prevent  the 
Company  from  having  quiet  and  peaceable  enjoyment  of 
the  Industrial  Building. 

Sec.  5.3.  Amounts  Payable.  The  Company  promises  to 
repay  the  Loan  with  interest  on  the  unpaid  principal 
amount  thereof,  from  the  date  hereof,  at  the  annual  rate 
which  is  at  all  times  equal  to  65%  of  the  commercial  prime 
rate  of  interest  in  effect  at  the  Bank  from  time  to  time 
(floating).  Provided,  however,  that  during  any  period  in 
which  the  interest  payable  on  the  Bond  is  validly  includ- 
ible in  the  gross  income  (as  defined  in  Section  61  of  the 
Internal  Revenue  Code  of  1954,  as  amended)  of  the  holder 
of  the  Bond,  the  rate  of  interest  payable  on  the  unpaid 


676  ORDINANCES  Ord.  No.  793 

principal  amount  of  the  Loan  shall  be  the  annual  rate 
which  is  at  all  times  equal  to  (a)  the  commercial  prime 
rate  of  interest  in  effect  at  the  Bank  from  time  to  time 
(floating)  plus  (b)  1%%  per  annum  (hereinafter  called 
the  "Taxable  Rate") .  Provided  further,  however,  that  in  the 
event  that  a  new  tax  law  shall  be  enacted  by  the  Congress 
of  the  United  States  of  America  and  shall  become  law, 
providing  for  a  change  in  the  rate  of  taxation  imposed 
upon  the  income  of  corporations  from  the  rate  in  effect 
on  the  date  of  the  delivery  of  the  Bond,  then,  and  in  that 
event,  the  65%  factor  set  forth  above  shall  be  adjusted  in 
accordance  with  the  following  formula:  1.25  X  (1  —  new 
corporate  income  tax  rate)  =  adjusted  factor  (rounded 
to  nearest  whole  percentage) ;  provided,  however,  that 
such  adjustment  in  the  aforesaid  factor  shall  be  made  in 
the  following  manner:  (i)  corporate  income  tax  rate  of 
zero  per  centum  (0%)  to  thirty  per  centum  (30%),  ad- 
justment made  using  a  new  corporate  income  tax  rate  of 
thirty  per  centum  (30%);  (ii)  corporate  income  tax  rate 
of  thirty  per  centum  (30%)  to  sixty  per  centum  (60%), 
adjustment  made  using  actual  new  corporate  income  tax 
rate;  and,  (iii)  corporate  income  tax  rate  of  sixty  per 
centum  (60%)  to  one  hundred  per  centum  (100%),  ad- 
justment made  using  a  new  corporate  income  tax  rate  of 
sixty  per  centum  (60%).  Interest  shall  be  calculated  on 
the  basis  of  a  360-day  year  factor  applied  to  actual  days 
elapsed,  and  the  interest  rate  shall  be  adjusted  on  any  day 
on  which  a  change  occurs  in  the  Bank's  commercial  prime 
rate  of  interest. 

The  principal  of  and  interest  on  the  Loan  shall  be  pay- 
able in  lawful  money  of  the  United  States  of  America  at 
the  time  of  payment  as  follows: 

(a)  interest  on  the  outstanding  principal  balance  shall 
be  due  and  payable  semi-annually  on  the  first  days  of  May 
and  November  in  each  year,  commencing  on  November  1, 
1978,  continuing  to  and  including  May  1,  1983,  or  until 
the  principal  amount  shall  have  been  paid  in  full; 

(b)  commencing  on  November  1,  1978,  continuing  to 
and  including  May  1,  1983,  the  principal  amount  shall  be 
paid  in  10  equal,  consecutive  installments  of  $60,000  each, 
payable  on  the  first  days  of  May  and  November  in  each 
year; 


ORDINANCES  677 

(c)  the  Loan  will  mature,  and  the  entire  unpaid  bal- 
ance of  the  principal  thereof  and  all  accrued  and  unpaid 
interest  thereon  shall  be  due  and  payable  on  May  1,  1983; 
and 

(d)  all  payments  received  shall  be  applied  first  to  in- 
terest and  the  balance  to  principal. 

In  any  event,  each  and  every  payment  to  be  made  under 
this  Section  shall  be  sufficient  to  pay  the  payments  of 
interest  on  and  the  installments  of  the  principal  of  and 
interest  on  the  Bond  when  due  (whether  at  maturity,  by 
redemption,  by  acceleration  or  otherwise). 

The  Company  agrees  to  pay  to  (and  within  30  days 
after  the  request  of)  the  City,  the  Bank,  or  the  Bank  as 
agent  for  the  holder  of  the  Bond,  until  the  principal  of  and 
interest  on  the  Bond  shall  have  been  paid  in  full,  (i)  the 
ordinary  and  reasonable  fees,  charges  and  expenses  of  the 
City,  the  Bank,  and  the  Bank  as  agent  for  the  holder  of 
the  Bond  incurred  in  connection  with  the  transactions  con- 
templated by  this  Agreement  as  and  when  the  same  become 
due,  and  (ii)  the  reasonable  fees,  charges  and  expenses 
incurred  by  the  City  under  the  Ordinance  as  and  when  the 
same  become  due,  including,  but  not  limited  to,  any  ex- 
penses incurred  by  the  City  in  authorizing  and  issuing 
serial  bonds  pursuant  to  Section  9  of  the  Ordinance. 

In  the  event  that  interest  payable  on  the  Bond  is  deter- 
mined to  be  includible  in  the  gross  income  (as  defined  in 
Section  61  of  the  Internal  Revenue  Code  of  1954,  as 
amended)  of  the  holder  of  the  Bond  so  as  to  cause  the 
rate  of  interest  on  the  Bond  to  be  the  Taxable  Rate,  the 
Company  agrees  to  pay,  on  demand,  directly  to  the  holder 
of  the  Bond  an  additional  amount  of  money,  which  when 
added  to  the  interest  paid  on  the  Bond  from  the  date  the 
interest  became  so  includible  in  the  gross  income  of  the 
holder  would  cause  the  total  amount  of  interest  on  the 
Bond  from  such  date  to  the  date  upon  which  the  rate  of 
interest  on  the  Bond  is  so  increased,  to  have  been  paid  at 
a  rate  equal  to  the  Taxable  Rate,  and  such  amount  shall 
be  considered  additional  interest  on  the  Bond. 

In  the  event  that  after  the  Bond  has  been  fully  paid  and 
retired,  any  holder  of  the  Bond,  in  a  tax  return  or  as  a 
result  of  a  deficiency  or  otherwise,  incurs  a  tax  liability 


678  ORDINANCES  Ord.  No.  793 

under  circumstances  that,  were  the  Bond  then  outstanding, 
would  cause  the  rate  of  interest  payable  on  the  Bond  to  be 
the  Taxable  Rate,  the  Company  agrees  to  pay,  on  demand, 
directly  to  that  holder  of  the  Bond  an  additional  amount 
of  money,  which  when  added  to  the  interest  paid  on  the 
Bond  from  the  date  the  interest  became  includible  in  the 
gross  income  of  that  holder,  would  cause  the  total  amount 
of  interest  on  the  Bond  from  such  date  to  the  date  upon 
which  the  interest  on  the  Bond  was  no  longer  includible 
in  the  gross  income  of  that  holder  to  have  been  paid  at  a 
rate  equal  to  the  Taxable  Rate,  and  such  amount  shall  be 
considered  additional  interest  on  the  Bond.  In  the  event 
that  after  the  Bond  has  been  transferred  in  accordance 
with  Section  9  of  the  Ordinance  but  prior  to  the  date  on 
which  the  Bond  has  been  fully  paid  and  retired,  any  pre- 
vious holder  of  the  Bond,  in  a  tax  return  or  as  a  result  of 
a  deficiency  or  otherwise,  incurs  a  tax  liability  as  a  result 
of  the  interest  payable  on  the  Bond  being  includible  in 
the  gross  income  (as  defined  in  Section  61  of  the  Code)  of 
such  previous  holder  of  the  Bond,  the  Company  agrees  to 
pay,  on  demand,  directly  to  that  previous  holder  of  the 
Bond  an  additional  amount  of  money,  which  when  added 
to  the  interest  paid  on  the  Bond  from  the  date  the  interest 
on  the  Bond  became  so  includible  in  the  gross  income  of 
that  holder  of  the  Bond,  would  cause  the  total  amount  of 
interest  on  the  Bond  from  such  date  to  the  date  upon  which 
the  interest  on  the  Bond  was  no  longer  includible  in  the 
gross  income  of  that  holder  to  have  been  paid  at  a  rate 
equal  to  the  Taxable  Rate,  and  such  amount  shall  be  con- 
sidered additional  interest  on  the  Bond. 

In  the  event  the  Company  should  fail  to  make  any  of  the 
payments  required  in  this  Section,  the  item  or  installment 
so  in  default  shall  continue  as  an  obligation  of  the  Com- 
pany until  the  amount  in  default  shall  have  been  fully  paid, 
and  the  Company  agrees  to  pay  such  item  or  installment 
in  default  with  interest  thereon  at  the  rate  of  12%  per 
annum  until  paid. 

Sec.  5.4.  Place  of  Payments.  The  payments  provided  for 
in  the  first  literary  paragraph  of  Section  5.3  hereof  shall 
be  made  in  immediately  available  funds  directly  to  the 
Bank  as  agent  for  the  holder  of  the  Bond,  at  its  offices  at 
10  Light  Street,  Baltimore,  Maryland  21202.  If  any  payment 


ORDINANCES  679 

hereunder  falls  due  on  any  day  which  is  not  a  Banking 
Day,  then  such  payment  date  shall  be  extended  to  the  next 
succeeding  full  Banking  Day.  The  payments  to  be  made  un- 
der the  fourth  literary  paragraph  of  Section  5.3  hereof  shall 
be  paid  directly  to  the  Bank  as  agent  for  the  holder  of  the 
Bond  or  directly  to  the  City  as  the  case  may  require. 

Sec.  5.5  Obligations  of  the  Company  Hereunder  Uncon- 
ditional. The  obligation  of  the  Company  to  make  the  pay- 
ments required  in  Section  5.3  hereof  and  to  perform  and 
observe  the  other  agreements  on  its  part  contained  herein 
shall  be  absolute  and  unconditional,  irrespective  of  any 
defense  or  any  rights  of  set-off,  recoupment  or  counterclaim 
it  might  otherwise  have  against  the  City,  and  the  Company 
shall  pay  absolutely  net  during  the  term  of  this  Agreement 
the  payments  to  be  made  on  account  of  the  Loan  as  pre- 
scribed in  Section  5.3  and  all  other  payments  required 
hereunder,  free  of  any  deductions  and  without  abatement, 
diminution  or  set-off  other  than  those  herein  expressly 
provided;  and  until  such  time  as  the  principal  of  and  interest 
on  the  Bond  shall  have  been  fully  paid,  the  Company:  (i) 
will  not  suspend  or  discontinue  any  payments  provided  for 
in  Section  5.3  hereof;  (ii)  will  perform  and  observe  all  of 
its  other  agreements  contained  in  this  Agreement;  and  (iii) 
except  as  provided  in  Article  XII  hereof,  will  not  terminate 
this  Agreement  for  any  cause,  including,  without  limiting 
the  generality  of  the  foregoing,  failure  of  the  Company  to 
complete  the  acquisition  of  the  Industrial  Building,  the 
occurrence  of  any  acts  or  circumstances  that  may  constitute 
failure  of  consideration,  destruction  of  or  damage  to  the 
Industrial  Building,  commercial  frustration  of  purpose,  any 
change  in  the  tax  laws  of  the  United  States  of  America  or 
of  Maryland  or  any  political  subdivision  or  either  of  these, 
or  any  failure  of  the  City  to  perform  and  observe  any  agree- 
ment, whether  express  or  implied,  or  any  duty,  liability  or 
obligation  arising  out  of  or  connected  with  this  Agreement, 
except  to  the  extent  permitted  by  this  Agreement. 

ARTICLE  VI. 

Affirmative  and  Negative  Covenants 

Sec.  6.1.  Affirmative  Covenants.  Throughout  the  Loan 
Term  the  Company  shall : 


680  ORDINANCES  Ord.  No.  793 

(a)  Maintenance  of  Existence.  Preserve  and  maintain 
its  existence  in  good  standing  as  a  Delaware  corporation  and 
will  cause  each  of  its  subsidiaries  to  maintain  its  corporate 
existence  in  good  standing  in  the  jurisdiction  of  its  incor- 
poration. 

(b)  Maintenance  of  Properties.  Keep  the  Industrial 
Building  and  all  of  its  other  properties  and  improvements, 
necessary  in  the  judgment  of  the  Company  to  its  business, 
in  good  working  order  and  condition  for  its  intended  purpose 
and  duration  of  use,  ordinary  wear  and  tear  excepted.  The 
Company  shall  make  all  replacements  and  repairs  rea- 
sonably required  to  insure  the  foregoing. 

(c)  Compliance  with  Applicable  Laivs.  Comply  with  the 
requirements  of  all  applicable  laws,  rules,  regulations,  and 
orders  of  any  governmental  authority,  a  breach  of  which 
would  materially  and  adversely  affect  (i)  the  financial  condi- 
tion of  the  Company,  or  (ii)  the  ability  to  use  the  Industrial 
Building  for  the  purposes  for  which  it  was  designed,  except 
where  contested  in  good  faith  and  by  proper  proceedings, 
provided,  that  in  the  sole  opinion  of  the  Bank  as  agent  for 
the  holder  of  the  Bond  the  security  for  the  Loan  will  not  be 
impaired  during  the  period  it  is  so  contested. 

(d)  Litigation.  Promptly  give  notice  in  writing  to  the 
City  and  the  Bank  as  agent  for  the  holder  of  the  Bond  of 
any  litigation,  pending  or  threatened,  and  of  any  proceeding 
before  any  governmental  or  regulatory  agency  which,  if 
adversely  determined,  would  materially  affect  (a)  the  finan- 
cial condition  of  the  Company,  or  (b)  the  Company's  use  of 
the  Industrial  Building  for  the  purposes  for  which  it  was 
designed. 

(e)  Taxes  and  Claims.  Pay  and  discharge  and  cause 
each  of  its  subsidiaries  to  pay  and  discharge,  all  taxes, 
assessments  and  governmental  charges  or  levies  imposed 
upon  any  of  them  on  their  income  or  properties  prior  to  the 
date  on  which  penalties  attach  thereto,  and  all  lawful  claims 
which,  if  unpaid,  might  become  a  lien  or  charge  upon  such 
properties  (including  the  Industrial  Building)  to  such  an 
extent  as  to  materially  adversely  affect  the  Company's 
ability  to  use  such  properties  for  the  purposes  for  which 
they  were  designed,  provided  that  the  Company  shall  not 
be  required  to  pay  any  such  tax,  assessment,  charge,  levy 


ORDINANCES  681 

or  claim,  the  payment  of  which  is  being-  contested  in  good 
faith  and  by  proper  proceedings. 

(f)  Insurance.  Maintain,  and  cause  each  of  its  sub- 
sidiaries to  maintain,  insurance  with  responsible  insur- 
ance companies  on  such  of  their  properties,  including  the 
Industrial  Building,  in  such  amounts  and  against  such  risks 
as  is  customarily  maintained  by  similar  businesses  operating 
in  the  same  vicinity.  The  Company  shall  file,  and  cause  each 
of  its  subsidiaries  to  file,  with  the  Bank  as  agent  for  the 
holder  of  the  Bond  upon  its  request  a  detailed  list  of  the 
insurance  then  in  effect,  stating  the  names  of  the  insurance 
companies,  the  amounts  and  rates  of  the  insurance,  dates 
of  the  expiration  thereof  and  the  properties  and  risks 
covered  thereby;  and,  within  30  days  after  notice  in  writing 
from  the  holder  of  the  Bond,  or  the  Bank  as  agent  for  the 
holder  of  the  Bond,  obtain  such  additional  insurance  as  the 
holder  of  the  Bond,  or  the  Bank  as  agent  for  the  holder 
of  the  Bond,  may  reasonably  request.  If  the  Industrial  Build- 
ing is  located  in  an  area  which  shall  at  any  time  be  desig- 
nated as  a  special  flood  hazard  area,  the  Bank  as  agent  for 
the  holder  of  the  Bond  must  be  furnished  with  a  flood  insur- 
ance policy  in  the  amount  of  the  Loan  or  the  maximum  limit 
of  coverage  available  on  the  Industrial  Building,  whichever 
is  less. 

(g)  Financial  Statements.  Furnish  to  the  Bank  as 
agent  for  the  holder  of  the  Bond  and  to  the  holder  of  the 
Bond: 

(i)  as  soon  as  available  but  in  no  event  more 
than  15  working  days  after  the  end  of  each  fiscal  quarter,  a 
consolidated  balance  sheet  of  the  Company  and  its  subsid- 
iaries, as  of  the  end  of  such  quarter,  and  a  consolidated 
statement  of  earnings  and  surplus  of  the  Company  and  its 
subsidiaries,  for  such  period,  and  consolidated  income  and 
expense  statements  for  such  period,  certified  by  the  princi- 
pal financial  officer  of  the  Company  and  accompanied  by  a 
certificate  of  that  officer  stating  whether  any  event  has 
occurred  which  constitutes  an  event  of  default  hereunder, 
or  which  would  constitute  such  an  event  of  default  with 
the  giving  of  notice  or  lapse  of  time  or  both,  and  if  so,  stat- 
ing the  facts  with  respect  thereto ;  and 


682  ORDINANCES  Ord.  No.  793 

(ii)  at  the  request  of  the  Bank  as  agent  for  the 
holder  of  the  Bond,  as  soon  as  available  but  in  no  event  more 
than  15  working  days  after  the  end  of  each  month,  a  con- 
solidated balance  sheet  of  the  Company  and  its  subsidiaries, 
as  of  the  end  of  such  month,  and  a  consolidated  statement 
of  earnings  and  surplus  of  the  Company  and  its  subsidiaries, 
for  such  period,  and  consolidated  income  and  expense  state- 
ments for  such  period,  certified  by  the  principal  financial 
officer  of  the  Company ;  and 

(iii)  as  soon  as  available  but  in  no  event  more  than 
90  days  after  the  close  of  each  of  the  Company's  fiscal  years, 
(1)  a  copy  of  the  annual  financial  statement  in  reasonable 
detail  satisfactory  to  the  Bank  relating  to  the  Company  and 
its  subsidiaries,  prepared  in  accordance  with  generally 
accepted  accounting  principles  and  examined  and  reported 
upon  by  independent  certified  public  accountants  reasonably 
satisfactory  to  the  Bank,  which  financial  statement  shall 
include  a  consolidated  balance  sheet  of  the  Company  and 
its  subsidiaries,  as  at  the  end  of  such  fiscal  year,  and  a  con- 
solidated statement  of  earnings  and  surplus  of  the  Company 
and  its  subsidiaries,  for  such  fiscal  year,  and  (2)  if  re- 
quested by  the  Bank  as  agent  for  the  holder  of  the  Bond, 
a  cash  flow  projection  report  prepared  by  the  Company 
in  a  format  reasonably  acceptable  to  the  Bank;  and 

(iv)  as  soon  as  available  but  in  no  event  more  than 
90  days  after  the  close  of  each  of  the  Company's  fiscal 
years,  a  letter  or  opinion  of  the  accountants  who  examined 
the  annual  financial  statement  relating  to  the  Company 
and  its  subsidiaries,  stating  whether  anything  in  such  ac- 
countants' examination  has  revealed  the  occurrence  of  an 
event  which  constitutes  an  event  of  default  hereunder  or 
which  would  constitute  such  an  event  of  default  with  the 
giving  of  notice  or  the  lapse  of  time  or  both,  and,  if  so, 
stating  the  facts  with  respect  thereto,  unless,  as  a  matter 
of  policy,  such  accountants  do  not  furnish  such  letters  or 
opinions;  and 

(v)  such  additional  information,  reports  or  state- 
ments as  the  Bank  may  from  time  to  time  reasonably  re- 
quest, including  (without  limitation)  monthly  and  quarterly 
consolidating  financial  statements  relating  to  the  Company 
and  its  subsidiaries,  including  balance  sheets,  statements 
of  earnings  and  surplus  and  income  and  expense  statements. 


ORDINANCES  683 

(h)  Current  Ratio.  Maintain  a  ratio  of  consolidated 
current  assets  of  the  Company  and  its  subsidiares  to  con- 
solidated current  liabilities  of  the  Company  and  its  sub- 
sidiaries of  (i)  not  less  than  0.9  to  1  during  the  period  com- 
mencing on  the  date  hereof  to  and  including-  December  30, 
1978,  and  (ii)  thereafter  not  less  than  1  to  1.  "Consolidated 
current  assets"  and  "consolidated  current  liabilities'  are  to 
be  determined  both  as  to  classification  of  items  and  amounts 
in  accordance  with  generally  accepted  accounting  nr'n^iples 
as  applied  to  the  Company  on  a  consistent  basis  bv  the 
Company's  accountants  in  the  preparation  of  Us  previous 
annual  financial  statements. 

(i)  Consolidated  Long  Term  Liabilities  to  Consolidated 
Net  Worth  Ratio.  Maintain  a  ratio  of  consolidated  long 
term  liabilities  to  consolidated  net  worth  (both  defined  in 
accordance  with  generally  accepted  acrountin~  nr'nciples 
consistently  applied  to  the  Company  and  its  subsidiaries) 
of  not  greater  than  1  to  1. 

(j)  Consolidated  Annual  Cash  Floiv  to  Consolidated 
Annual  Debt  Service.  Maintain  a  ratio  of  consolidated 
annual  cash  flow  to  consolidated  annual  debt  service  of  not 
less  than  2  to  1.  For  purposes  of  this  Section  "cash  flow" 
means  (i)  net  profits  plus  depreciation  and  amortization, 
divided  by    (ii)    the  current  portion — of  long  term  debt. 

(k)  Consolidated  Net  Worth.  Maintain  a  consolidated 
net  worth  of  the  Company  and  its  subsidiaries  of  not  less 
than: 

(i)     $2,000,000  during  the  period  commencing  on 
the  date  hereof  to  and  including  December  31,  1978, 

(ii)     $2,200,000  during  the  period  commencing  on 
January  1,  1979  to  and  including  December  31,  1979, 

(iii)     $2,400,000  during  the  period  commencing  on 
January  1,  1980  to  and  including  December  31,  1980, 

(iv)     $2,600,000  during  the  period  commencing  on 
January  1,  1981  to  and  including  December  31,  1981, 

(v)     $2,800,000  during  the  period  commencing  on 
January  1,  1982  to  and  including  May  1,  1983. 

Sec.  6.2.  Negative  Covenants.  Throughout  the  Loan 
Term,  the  Company  shall  not,  directly  or  indirectly,  with- 


684  ORDINANCES  Ord.  No.  793 

out  the  prior  written  consent  of  the  Bank  as  agent  for  the 
holder  of  the  Bond  (it  being  understood  that  such  consent 
shall  not  be  withheld  arbitrarily  or  for  reasons  other  than 
the  protection  of  the  holder  of  the  Bond) : 

(a)  Borrowings.  Create,  incur,  assume  or  suffer  to 
exist  any  liability  for  borrowed  money,  or  permit  any  sub- 
sidiary to  do  so,  except  (a)  indebtedness  in  existence  on 
the  date  hereof  and  of  which  the  Company  has  informed 
the  Bank  in  writing-  prior  to  the  date  hereof,  (b)  indebted- 
ness of  the  Company  or  any  subsidiary  secured  by  mort- 
gages, encumbrances  or  liens  specifically  permitted  by  sub- 
section (b)  of  this  Section  6.2,  and  (c)  indebtedness  to 
the  Bank. 

(b)  Mortgages  and  Pledges.  Create,  incur,  assume  or 
suffer  to  exist  any  mortgage,  pledge,  lien  or  other  encum- 
brance of  any  kind  upon,  or  any  security  interest  in,  any 
of  its  property  or  assets,  whether  now  owned  or  hereafter 
acquired,  or  permit  any  subsidiary  to  do  so,  except  (a) 
liens  for  taxes  not  delinquent  or  being  contested  in  good 
faith  and  by  appropriate  proceedings,  (b)  liens  in  connec- 
tion with  workmen's  compensation,  unemployment  insur- 
ance or  other  social  security  obligations,  (c)  deposits  or 
pledges  to  secure  bids,  tenders,  contracts  (other  than  con- 
tracts for  the  payment  of  money) ,  leases,  statutory  obliga- 
tions, surety  and  appeal  bonds  and  other  obligations  of 
like  nature  arising  in  the  ordinary  course  of  business,  (d) 
mechanics',  workmen's,  materialmen's,  landlords',  carriers', 
or  other  like  liens  arising  in  the  ordinary  course  of  busi- 
ness with  respect  to  obligations  which  are  not  due  or  which 
are  being  contested  in  good  faith,  (e)  any  mortgage  cre- 
ated in  connection  with  the  refinancing  of  indebtedness  in 
existence  on  the  date  hereof,  (f)  any  mortgage,  encum- 
brance or  other  lien  upon,  or  security  interest  in,  any 
property,  or  interest  therein,  hereafter  acquired  by  the 
Company  or  any  subsidiary,  which  mortgage,  encum- 
brance, lien  or  security  interest  is  created  contemporane- 
ously with  such  acquisition  to  secure  or  provide  for  the 
payment  or  financing  of  any  part  of  the  purchase  price 
thereof,  or  the  assumption  of  any  mortgage,  encumbrance 
or  lien  upon,  or  security  interest  in,  any  such  property 
hereafter  acquired  existing  at  the  time  of  such  acquisition, 
or  the  acquisition  of  any  such  property  subject  to  any 


ORDINANCES  685 

mortgage,  encumbrance  or  other  lien  or  security  interest 
without  the  assumption  thereof,  provided  that  (i)  the  in- 
debtedness secured  by  any  such  mortgage,  encumbrance, 
lien  or  security  interest  so  created,  assumed  or  existing 
shall  not  exceed  75%  of  the  cost  of  the  property  covered 
thereby  to  the  corporation  acquiring  the  same,  and  (ii) 
each  such  mortgage,  encumbrance,  lien  or  security  interest 
shall  attach  only  to  the  property  so  acquired  and  fixed 
improvements  thereon  and  (iii)  the  acquisition  to  which 
any  such  mortgage,  encumbrance,  lien  or  security  interest 
relates  shall  not  result  in  a  default  under  any  other  provi- 
sion of  this  Agreement,  including,  but  not  limited  to  sub- 
section (i)  of  this  Section  6.2. 

(c)  Merger,  Acquisition  or  Sale  of  Assets.  Enter  into 
any  merger  or  consolidation  or  acquire  all  or  substantially 
all  the  assets  of  any  person,  firm,  joint  venture  or  cor- 
poration, or  sell,  lease,  or  otherwise  dispose  of  any  of  its 
assets,  or  permit  any  subsidiary  to  do  so,  (except  assets 
disposed  of  in  the  ordinary  course  of  business)  (except 
that  a  solvent  wholly-owned  subsidiary  may  be  merged  or 
consolidated  with  another  solvent  wholly-owned  subsidi- 
ary or  into  the  Company).  Any  consent  of  the  Bank  as 
agent  for  the  holder  of  the  Bond  to  the  disposition  of  any 
asset  may  be  conditioned  on  a  specified  use  of  the  proceeds 
of  the  disposition. 

(d)  Loans.  Make  loans  or  advances  to  any  person, 
firm,  joint  venture  or  corporation  (including,  without  limi- 
tation, loans  or  advances  to  subsidiaries  of  the  Company), 
or  permit  any  subsidiary  to  do  so,  exceeding,  in  the  aggre- 
gate for  the  Company  and  all  its  subsidiaries,  to  all  per- 
sons, firms,  joint  ventures  and  corporations,  the  sum  of 
$25,000  at  any  one  time  outstanding. 

(e)  Additional  Stock.  Issue  any  additional  stock  of 
any  class. 

(f )  Contingent  Liabilities.  Assume,  guarantee,  endorse, 
contingently  agree  to  purchase  or  otherwise  become  liable 
upon  the  obligation  of  any  person,  firm,  joint  venture  or 
corporation,  or  permit  any  subsidiary  to  do  so,  except  (a) 
by  the  endorsement  of  negotiable  instruments  for  deposit 
or  collection  or  similar  transactions  in  the  ordinary  course 
of  business,  and  (b)  guarantees  by  the  Company  of  con- 


686  ORDINANCES  Ord.  No.  793 

tractual  obligations    (other  than  for  the  payment  of  bor- 
rowed money)  of  any  wholly-owned  subsidiary. 

(g)  Investments.  Purchase  or  acquire  the  obligations 
or  stock  of,  or  any  other  or  additional  interest  in,  any  per- 
son, firm,  joint  venture,  corporation  or  other  enterprise 
whatsoever,  or  permit  any  subsidiary  to  do  so,  except  (a) 
general  obligations,  of,  or  obligations  unconditionally  guar- 
anteed as  to  principal  and  interest  by,  the  United  States  of 
America,  (b)  bonds,  debentures,  participation  certificates 
or  notes  issued  by  any  agency  or  corporation  which  is  or 
may  hereafter  be  created  by  Act  of  the  Congress  of  the 
United  States  as  an  agency  or  instrumentality  thereof, 
(c)  Public  Housing  Bonds,  Temporary  Notes  or  Prelimi- 
nary Loan  Notes,  fully  secured  by  contracts  with  the 
United  States,  (d)  certificates  of  deposit  issued  by  the 
Bank,  and  (e)  commercial  paper  issued  by  bank  holding 
companies  owning  national  banks. 

(h)  Capital  Expenditures.  Except  for  the  Industrial 
Building  and  the  Company's  expansion  now  in  process  in 
Jacksonville,  Florida,  make  any  capital  expenditures,  or 
permit  any  subsidiary  to  do  so,  exceeding,  in  the  aggre- 
gate for  the  Company  and  all  its  subsidiaries,  during  any 
one  fiscal  year,  the  total  sum  of  $200,000,  non-cumulative. 

(i)  Dividends  and  Purchase  of  Stock,  Declare  any  divi- 
dends (other  than  dividends  payable  in  capital  stock  of 
the  Company)  on  any  shares  of  any  class  of  its  capital 
stock  (other  than  preferred  stock  outstanding  on  the  date 
hereof)  or  apply  any  of  its  property  or  assets  to  the  pur- 
chase, redemption  or  other  retirement  of,  or  set  apart  any 
sum  for  the  payment  of  any  dividends  on,  or  for  the  pur- 
chase, redemption  or  other  retirement  of,  or  make  any 
other  distribution  by  reduction  of  capital  or  otherwise  in 
respect  of,  any  shares  of  any  class  of  capital  stock  of  the 
Company,  or  permit  any  subsidiary  to  purchase  or  acquire 
any  shares  of  any  class  of  capital  stock  of  the  Company. 

(j)  Sale  and  Leaseback.  Directly  or  indirectly  enter 
into  any  arrangement  whereby  the  Company,  or  any  sub- 
sidiary, shall  sell  or  transfer  all  or  any  substantial  part  of 
its  fixed  assets  then  owned  by  it  and  shall  thereupon  or 
within  one  year  thereafter  rent  or  lease  the  assets  so  sold 
or  transferred. 


ORDINANCES  687 

(k)  Stock  of  Subsidiaries.  Sell  or  otherwise  dispose  of 
any  shares  of  capital  stock  of  any  subsidiary  (except  in 
connection  with  a  merger  or  consolidation  of  any  solvent 
wholly-owned  subsidiary  into  the  Company,  or  with  another 
solvent  wholly-owned  subsidiary  or  the  dissolution  of  any 
subsidiary)  or  permit  any  subsidiary  to  issue  any  addi- 
tional shares  of  its  capital  stock  except  pro  rata  to  its 
stockholders. 

(1)  Liabilities  of  Subsidiaries.  Permit  any  subsidiary 
to  have  any  liabilities  except  (a)  liabilities  other  than  for 
borrowed  money  incurred  in  the  ordinary  course  of  busi- 
ness, and  (b)  liabilities  for  borrowed  money  to  the  extent 
permitted  by  subsection  (a)  of  this  Section  6.2. 

(m)  Leases.  Enter  into  any  new  operating  leases  as 
lessee  of  real  property,  machinery  or  equipment  for  terms 
in  excess  of  one  year,  or  permit  any  subsidiary  to  do  so, 
if  any  such  arrangement  would  result  in  total  rental  pay- 
ments under  all  such  new  operating  leases  exceeding,  in 
the  aggregate  for  the  Company  and  all  its  subsidiaries,  the 
total  sum  of  $100,000  in  any  fiscal  year. 

(n)  Sale  of  Accounts  Receivable.  Sell,  discount,  trans- 
fer, assign,  or  otherwise  dispose  of  any  of  its  accounts 
receivable,  notes  receivable,  installment  or  conditional  sales 
agreements  or  any  other  of  its  rights  to  receive  income, 
revenues  or  moneys,  however  evidenced,  or  permit  any  sub- 
sidiary to  do  so. 

(o)  Payments  to  Stockholders.  Except  for  loans  to 
VICO  Corporation  in  existence  on  the  date  hereof  (which 
may  not  be  increased),  pay  or  lend,  or  permit  any  payment 
of  or  loan  of,  either  directly  or  indirectly,  any  sum  or  sums 
of  money  to  any  of  the  Company's  stockholders  for  any 
purpose  whatsoever. 

ARTICLE  VII. 

Damage  and  Condemnation; 
Application  of  Net  Proceeds 

Sec.  7.1.  Damage,  Destruction  and  Condemnation.  Un- 
less the  payments  required  to  be  made  pursuant  to  Section 
5.3  hereof  shall  have  been  accelerated  pursuant  to  the  pro- 
visions of  Section  10.2(a)   hereof,  or  the  Company  shall 


688  ORDINANCES  Ord.  No.  793 

have  become  obligated  pursuant  to  Article  XI  hereof  to 
prepay  such  amounts,  if  prior  to  full  payment  of  the  Bond 
(i)  the  Industrial  Building  or  any  portion  or  portions 
thereof  are  damaged  by  fire  or  other  casualty  or  are  de- 
stroyed (in  whole  or  in  part),  or  (ii)  title  to,  or  the  use 
of,  the  Industrial  Building  or  any  part  thereof  or  the  in- 
terest of  the  Company  in  the  Industrial  Building  or  any 
part  thereof  shall  be  taken  under  the  exercise  of  the  power 
of  eminent  domain  by  any  governmental  body  or  by  any 
person,  firm,  or  corporation  acting  under  governmental 
authority,  either  temporarily  or  permanently,  the  Company 
shall  be  obligated  to  continue  to  pay  the  amounts  specified 
in  this  Agreement,  and  the  Company  will  cause  the  Net 
Proceeds  resulting  from  any  event  described  in  this  Section 
7.1  to  be  applied  to  either  (a)  the  prompt  repair,  restora- 
tion, relocation,  modification  or  improvement  of  the  In- 
dustrial Building  by  the  Company,  in  a  manner  approved 
by  and  satisfactory  in  all  respects  to  the  Bank  as  agent 
for  the  holder  of  the  Bond,  or  (b)  the  prepayment  of  the 
Loan. 

Sec.  7.2.  Insufficiency  of  Net  Proceeds.  If  the  Net  Pro- 
ceeds are  insufficient  to  pay  in  full  the  cost  of  any  repair, 
restoration,  relocation,  modification  or  improvement  re- 
ferred to  in  Section  7.1,  hereof,  the  Company  will  none- 
theless complete  the  work  and  will  pay  any  costs  of  such 
work  in  excess  of  the  amount  of  the  Net  Proceeds. 

ARTICLE  VIII. 

Special  Covenants  and  Provisions 

Sec.  8.1.  No  Warranty  of  Condition  or  Suitability  by  the 
City.  The  City  makes  no  warranty,  either  express  or  im- 
plied, as  to  the  condition  of  the  Industrial  Building  or  any 
part  thereof,  or  that  the  Industrial  Buildings  will  be  suit- 
able (including,  without  limitation,  zoning  and  availability 
of  utilities)  for  the  Company's  purposes  or  needs. 

Sec.  8.2.  Right  of  Access  to  the  Industrial  Building. 
The  Company  agrees  that  the  City,  the  Bank  as  agent  for 
the  holder  of  the  Bond,  the  holder  of  the  Bond  and  their 
duly  authorized  agents  shall  have  the  right  at  all  reason- 
able times  to  enter  upon  the  Industrial  Building  and  the 


ORDINANCES  689 

land  appurtenant  thereto  to  examine  and  inspect  the  In- 
dustrial Building  and  to  enforce  any  remedies  in  the 
event  of  a  default  under  this  Agreement. 

Sec.  8.3.  City  and  Company  Representatives.  The  Com- 
pany and  the  City,  respectively,  shall  designate,  in  the 
manner  prescribed  in  Article  I  hereof,  the  Authorized 
Company  Representative  and  the  Authorized  City  Repre- 
sentative. In  the  event  that  any  person  so  designated  and 
his  alternate  or  alternates,  if  any,  should  become  unavail- 
able or  unable  to  take  any  action  or  make  any  certificate 
provided  for  or  required  in  this  Agreement,  a  successor 
shall  be  appointed  in  the  same  manner.  Whenever  under 
the  provisions  of  this  Agreement  the  approval  of  the  City 
or  the  Company  is  required,  or  the  City  or  the  Company 
is  required  to  take  some  action  at  the  request  of  the  other, 
such  approval  or  such  request  shall  be  given  for  the  City 
by  the  Authorized  City  Representative,  and  for  the  Com- 
pany by  the  Authorized  Company  Representative;  and  the 
other  party  hereto,  the  Bank  as  agent  for  the  holder  of 
the  Bond  and  the  holder  of  the  Bond  are  authorized  to 
rely  upon  any  such  approval  or  request,  and  neither  party 
hereto  shall  have  any  complaint  against  the  other  nor 
against  the  Bank  as  agent  for  the  holder  of  the  Bond  or 
the  holder  of  the  Bond  as  a  result  of  any  such  reliance. 

Sec.  8.4.  Further  Assurances  and  Corrective  Instru- 
ments. The  City  and  the  Company  agree  that  they  will, 
from  time  to  time,  execute  and  deliver  or  cause  to  be 
executed  and  delivered,  such  supplements  hereto  and  such 
further  instruments  as  may  reasonably  be  required  for 
carrying  out  the  intention  of  the  parties  to,  or  facilitating 
the  performance  of,  this  Agreement. 

Sec.  8.5.  Covenants  with  Respect  to  Use  of  Bond  Pro- 
ceeds. The  City  is  issuing  the  Bond  with  the  intention  that 
the  interest  on  the  Bond  be  and  remain  free  from  federal 
income  taxation  and  is  covenanting  with  the  holder  of  the 
Bond  that  the  City  (i)  will  make  no  use  of  the  proceeds 
of  the  Bond  which,  if  such  use  had  been  reasonably  ex- 
pected on  its  date  of  issuance,  would  have  caused  the  Bond 
to  be  an  "arbitrage  bond"  within  the  meaning  of  Section 
103(c)   of  the  Code  as  in  effect  at  the  time  of  such  issu- 


690  ORDINANCES  Ord.  No.  793 

ance,  and  (ii)  will  comply  to  the  extent  applicable  with 
the  requirements  of  Section  103(c)  of  the  Code.  To  that 
end  the  Company  covenants  with  the  City  for  the  benefit 
of  the  holder  of  the  Bond  that  it  (i)  will  make  no  use  of 
the  proceeds  of  the  Bond  which,  if  such  use  had  been 
reasonably  expected  on  its  date  of  issuance,  would  have 
caused  the  Bond  to  be  an  "arbitrage  bond"  within  the 
meaning  of  Section  103(c)  of  the  Code  as  in  effect  at  the 
time  of  such  issuance,  and  (ii)  will  comply  to  the  extent 
applicable  with  the  requirements  of  Section  103(c)  of  the 
Code.  The  Company  will  not  (a)  take  any  action,  (b)  fail 
to  take  any  action,  or  (c)  make  any  use  of  the  Industrial 
Building  or  the  proceeds  of  the  Bond,  which  would  cause 
the  interest  on  the  Bond  to  be  or  become  subject  to  federal 
income  taxes  in  the  hands  of  the  holder  of  the  Bond. 

Sec.  8.6.  Modification  of  the  Industrial  Building  by  the 
Company.  Subject  to  the  representations  and  warranties 
contained  in  Section  3.2  hereof,  the  agreements  contained 
in  Section  4.1  hereof,  and  the  covenants  set  forth  in  Sec- 
tion 8.5  above,  the  Company  may,  from  time  to  time,  and 
at  its  own  expense,  and  with  the  prior  written  consent  of 
the  holder  of  the  Bond,  install  additional  property  or  other- 
wise improve,  alter,  or  replace  the  Industrial  Building 
with  property  of  equal  or  greater  value. 

Sec.  8.7.  Restriction  on  Transfer  and  Encumbrance  of 
Industrial  Building  by  the  Company.  The  Company  agrees 
that  it  will  not,  during  the  Loan  Term,  sell,  assign,  lease, 
transfer,  convey  or  otherwise  dispose  of  the  Industrial  Build- 
ing (including  the  land  appurtenant  thereto)  or  any  portion 
thereof  nor  create  or  suffer  to  exist  any  lien  or  encumbrance 
upon    the   Industrial   Building   during   the   Loan   Term. 

Sec.  8.8.  No  Pecuniary  Liability.  The  Act  prescribes, 
and  the  parties  intend  that  by  reason  of  making  this  Agree- 
ment, by  reason  of  the  issuance  of  the  Bond,  by  reason  of 
the  performance  of  any  act  required  of  it  by  this  Agreement, 
or  by  reason  of  the  performance  of  any  act  requested  of  it 
by  the  Company,  no  indebtedness  or  charge  against  the 
general  credit  or  taxing  powers  of  the  City  within  the  mean- 
ing of  any  constitutional  or  charter  provision  or  statutory 
limitation  shall  occur  or  shall  ever  constitute  or  give  rise 


ORDINANCES  691 

to  any  pecuniary  liability  of  the  City.  Nevertheless,  if  the 
City  shall  incur  any  such  pecuniary  liability,  then  in  such 
event  the  Company  shall  indemnify  and  hold  the  City 
harmless  therefrom. 

Sec.  8.9.  No  Liability  to  Third  Parties.  Throughout  the 
Loan  Term,  no  person  or  entity  contracting  with  the  Com- 
pany with  respect  to  the  Industrial  Building  shall  be  reim- 
bursed by  the  City  under  any  circumstances  whatsoever. 
The  City's  issuance  of  the  Bond  and  loan  of  the  proceeds 
thereof  to  the  Company  shall  in  no  way  be  construed  as 
obligating  the  City  in  any  way  to  any  person  or  entity  for 
the  payment  of  any  expense  incurred  with  respect  to  the 
Industrial  Building. 

ARTICLE  IX. 

Assignment  and  Prepayment 

Sec.  9.1.  No  Assignment  by  Company.  This  Agreement 
may  not  be  assigned  by  the  Company  without  the  prior 
written  consent  of  the  holder  of  the  Bond. 

Sec.  9.2.  Assignment  by  City.  The  City  has,  simul- 
taneously with  the  delivery  of  this  Agreement,  by  execu- 
tion and  delivery  of  the  Assignment,  assigned  all  moneys 
due  and  to  become  due  to  the  City  under  this  Agreement 
and  all  of  the  City's  right,  title  and  interest  in  and  to,  and 
remedies  under,  this  Agreement  to  the  Bank  as  agent  for 
the  holder  of  the  Bond  as  security  for  the  payment  of  the 
principal  of  and  interest  on  the  Bond  and  all  sums  payable 
under  the  Ordinance.  The  Company  agrees  that  it  will  make 
payment  directly  to  the  Bank  as  agent  for  the  holder  of  the 
Bond  of  all  sums  specified  herein  as  amounts  payable  or  to 
become  payable  by  the  Company,  other  than  payments  to 
be  made  to  the  City  pursuant  to  the  fourth  literary  para- 
graph of  Section  5.3  hereof  and  Sections  10.4,  12.2  and  12.9 
hereof,  notwithstanding  any  term  of  this  Agreement  or 
the  non-performance  by  the  City  of  any  obligation  here- 
under, or  any  other  matter  or  event  whatsoever,  including 
without  limitation,  the  bankruptcy,  insolvency,  liquidation 
or  nonexistence  of  the  City,  which  might  otherwise  relieve 
the  Company  from  the  obligation  to  pay  such  amount,  and 
that  the  same  shall  be  paid  at  the  respective  times  specified 


692  ORDINANCES  Ord.  No.  793 

herein  for  the  payment  thereof,  and  the  receipt  by  the 
Bank  as  agent  for  the  holder  of  the  Bond  of  such  payments 
shall  discharge  the  obligations  of  the  Company  to  the  City 
hereunder  to  the  extent  thereof.  The  Company  agrees  that 
no  such  payment  shall  be  subject  to  any  right  of  setoff, 
counterclaim  or  any  other  defense  which  the  Company  may 
or  might  now  or  hereafter  have  against  the  City,  the  Bank 
as  agent  for  the  holder  of  the  Bond,  or  the  holder  of  the 
Bond,  and  that  all  such  payments  shall  be  final,  and  the 
Company  shall  not  seek  to  recover  from  the  Bank  as  agent 
for  the  holder  of  the  Bond  for  any  reason  whatsoever,  any 
moneys  paid  by  the  Company  to  the  Bank  as  agent  for  the 
holder  of  the  Bond  by  virtue  of  this  Agreement  or  the  As- 
signment. The  Assignment  shall  not  impose  on  the  Bank  as 
agent  for  the  holder  of  the  Bond  any  of  the  duties,  liabili- 
ties, or  obligations  of  the  City  hereunder,  but  the  Bank  as 
agent  for  the  holder  of  the  Bond  shall  acquire  thereby  all 
rights  of  the  City  hereunder  to  collect  and  receive  all  sums 
payable  hereunder,  or  amounts  equal  thereto,  as  are  neces- 
sary to  pay  the  Loan  in  full  and  to  constitute  the  Bank  as 
agent  for  the  holder  of  the  Bond  the  beneficiary  of  the 
obligations  of  the  Company  herein  contained. 

Sec.  9.3.  Prepayment  of  the  Bond.  Upon  the  payment 
of  any  amounts  due  under  Section  5.3  hereof  or  elsewhere 
in  this  Agreement  and  if  adequate  provision  has  been  made 
to  assure  that  money  sufficient  to  effect  prepayment  will 
be  on  deposit  with  the  Bank  as  agent  for  the  holder  of  the 
Bond  on  the  date  fixed  for  prepayment  (including  any  pre- 
mium or  additional  interest  required  under  the  Prepayment 
Provisions),  the  City  or  the  assignee  under  the  Assignment, 
at  the  request  at  any  time  of  the  Company,  and  if  the  same 
is  then  subject  to  prepayment,  shall  forthwith  take  all  steps 
that  may  be  necessary  under  the  Prepayment  Provisions 
to  effect  prepayment  of  all  or  part  of  the  then  outstanding 
principal  and  unpaid  accrued  interest  on  the  Bond,  on  the 
earliest  prepayment  date  on  which  such  prepayment  may 
be  made  under  the  Prepayment  Provisions. 

Sec.  9.4.  Reference  to  Bond  Ineffective  After  Bond  Paid. 
Except  as  provided  in  the  sixth  literary  paragraph  of  Sec- 
tion 5.3  hereof,  upon  payment  in  full  of  the  Bond  and  all 
fees  and  charges  of  the  Bank,  the  Bank  as  agent  for  the 


ORDINANCES  693 

holder  of  the  Bond  and  the  City,  all  references  in  this  Agree- 
ment to  the  Bond  shall  be  ineffective,  and  the  holder  of  the 
Bond  shall  thereafter  have  no  rights  hereunder,  saving  and 
excepting  those  that  shall  have  theretofore  vested. 

ARTICLE  X. 

Events  of  Default  and  Remedies 

Sec.  10.1.  Defaults.  It  shall  be  an  "event  of  default" 
under  this  Agreement,  if  any  of  the  following  shall  occur: 

(a)  Any  representation  or  warranty  made  by  the  Com- 
pany herein  or  any  statement  or  representation  made  in 
any  certificate,  report  or  opinion  (including  legal  opinions) 
delivered  pursuant  to  this  Agreement  or  the  Guaranty 
Agreement  shall  prove  to  have  been  incorrect  in  any  ma- 
terial respect  when  made  or  shall  be  breached ;  or 

(b)  Default  shall  be  made  by  the  Company  in  the  pay- 
ment of  any  amounts  due  under  this  Agreement  within  15 
days  from  the  date  the  same  is  due  and  payable,  whether 
at  maturity,  by  obligation  or  election  to  prepay,  or  other- 
wise; or 

(c)  Default  shall  be  made  by  the  Company  in  the  due 
observance  or  performance  of  any  covenant,  condition  or 
agreement  contained  in  Section  6.1(h),  6.1  (i),  6.1  (j)  or 
6.1  (k)  hereof  or  in  Section  6.2  hereof,  and  such  default  is 
not  cured  within  30  days  after  the  occurrence  thereof;  or 

(d)  Default  shall  be  made  by  the  Company  in  the  due 
observance  or  performance  of  any  other  term,  covenant 
or  agreement  herein  contained,  which  default  shall  remain 
unremedied  for  30  days  after  written  notice  thereof  shall 
have  been  given  to  the  Company  by  the  Bank  as  agent  for 
the  holder  of  the  Bond  or  by  the  holder  of  the  Bond ;  or 

(e)  Default  shall  be  made  by  the  Company  with  respect 
to  any  evidence  of  indebtedness  or  liability  for  borrowed 
money  of  the  Company  (other  than  the  obligations  here- 
under) or  of  any  subsidiary  if  the  effect  of  such  default  is  to 
accelerate  the  maturity  of  such  evidence  of  indebtedness 
or  liability  or  to  permit  the  holder  or  obligee  thereof  to 
cause  any  indebtedness  to  become  due  prior  to  its  stated 
maturity,  or  any  such  indebtedness  shall  not  be  paid  as  and 
when  due  and  payable ;  or 


694  ORDINANCES  Ord.  No.  793 

(f)  The  Company,  or  any  subsidiary,  shall  (i)  apply 
for  or  consent  to  the  appointment  of  a  receiver,  trustee  or 
liquidator  of  itself  or  any  of  its  property,  (ii)  admit  in 
writing  its  inability  to  pay  its  debts  as  they  mature,  (iii) 
make  a  general  assignment  for  the  benefit  of  creditors,  (iv) 
be  adjudicated  a  bankrupt  or  insolvent,  (v)  file  a  voluntary 
petition  in  bankruptcy,  or  a  petition  or  an  answer  seeking 
reorganization  or  an  arrangement  with  creditors  or  to  take 
advantage  of  any  bankruptcy,  reorganization,  insolvency, 
readjustment  of  debt,  dissolution  or  liquidation  law  or 
statute,  or  an  answer  admitting  the  material  allegations 
of  a  petition  filed  against  it  in  any  proceeding  under  any 
such  law,  or  if  corporate  action  shall  be  taken  by  the  Com- 
pany, or  any  such  subsidiary,  for  the  purposes  of  effecting 
any  of  the  foregoing,  or  (vi)  by  any  act  indicates  its  consent 
to,  approval  or  acquiescence  in  any  such  proceeding  or  the 
appointment  of  any  receiver  of  or  trustee  for  the  Company, 
or  any  such  subsidiary,  or  any  substantial  part  of  its  prop- 
erty, or  suffers  any  such  receivership,  trusteeship  or  pro- 
ceeding to  continue  undischarged  for  a  period  of  60  days;  or 

(g)  An  order,  judgment  or  decree  shall  be  entered,  with- 
out the  application,  approval  or  consent  of  the  Company,  or 
any  subsidiary,  by  any  court  of  competent  jurisdiction,  ap- 
proving a  petition  seeking  reorganization  of  the  Company, 
or  any  such  subsidiary,  or  of  all  or  a  substantial  part  of  the 
assets  of  the  Company,  or  any  such  subsidiary,  or  appointing 
a  receiver,  trustee  or  liquidator  of  the  Company,  or  any  such 
subsidiary,  and  such  order,  judgment  or  decree  shall  con- 
tinue unstayed  and  in  effect  for  any  period  of  60  days;  or 

(h)  Any  judgment  against  the  Company,  or  any  sub- 
sidiary, or  any  attachment  or  other  levy  against  the  prop- 
erty of  the  Company  or  any  subsidiary,  with  respect  to  a 
claim,  for  any  amount  in  excess  of  $50,000  remains  unpaid, 
unstayed  on  appeal,  undischarged,  unbonded  or  undismissed 
for  a  period  of  30  days ;  or 

(i)  An  Event  of  Default  shall  occur  under  the  Guaranty 
Agreement;  or 

(j)  William  A.  Kroh  shall  for  any  reason  whatsoever 
cease  to  be  the  chief  executive  officer  of  the  Company;  or 

(k)  Any  change  shall  occur  in  the  financial  condition  or 
operation  of  the  Company,   which,  in  the  opinion  of  the 


ORDINANCES  695 

holder  of  the  Bond,  would  have  a  substantial  adverse  affect 
on  the  Company's  credit  worthiness  or  its  ability  to  operate 
properly,  and  as  a  result  thereof  the  holder  of  the  Bond,  in 
good  faith,  shall  have  determined  that  the  security  for  the 
Loan  is  inadequate  or  that  the  prospect  of  payment  of  the 
Loan  has  been  impaired. 

Sec.  10.2.  Remedies  on  Default.  Whenever  any  "event  of 
default"  described  in  Section  10.1  hereof  shall  have  occurred: 

(a)  The  Bank  as  agent  for  the  holder  of  the  Bond,  or  the 
holder  of  the  Bond,  may,  by  written  notice  to  the  Company, 
declare  forthwith  due  and  payable  the  principal  of  and  in- 
terest on  the  Loan  and  all  other  moneys  payable  hereunder, 
whereupon  the  same  will  become  forthwith  due  and  payable, 
without  further  protest,  presentment,  notice  or  demand,  all 
of  which  are  expressly  waived  by  the  Company. 

(b)  The  Bank  as  agent  for  the  holder  of  the  Bond,  or 
the  holder  of  the  Bond,  or  the  City,  may  from  time  to  time 
take  whatever  action  at  law  or  in  equity  may  appear  neces- 
sary or  desirable  to  collect  the  moneys  payable  by  the  Com- 
pany hereunder,  (whether  then  due  or  thereafter  to  become 
due) ,  or  to  enforce  performance  and  observance  of  any  obli- 
gation, agreement  or  covenant  of  the  Company  under  this 
Agreement. 

Sec.  10.3.  No  Remedy  Exclusive.  No  remedy  herein  con- 
ferred upon  or  reserved  to  the  City  or  the  holder  of  the 
Bond  or  the  Bank  as  agent  for  the  holder  of  the  Bond  is  in- 
tended to  be  exclusive  of  any  other  available  remedy  or 
remedies,  but  each  and  every  such  remedy  shall  be  cumula- 
tive and  shall  be  in  addition  to  every  other  remedy  given 
under  this  Agreement  or  now  or  hereafter  existing  at  law  or 
in  equity  or  by  statute.  No  delay  or  omission  to  exercise  any 
right  or  power  accruing  upon  any  default  shall  impair  any 
such  right  or  power  or  shall  be  construed  to  be  a  waiver 
thereof,  but  any  such  right  or  power  may  be  exercised  from 
time  to  time  and  as  often  as  may  be  deemed  expedient.  In 
order  to  entitle  the  City,  the  holder  of  the  Bond  or  the  Bank 
as  agent  for  the  holder  of  the  Bond  to  exercise  any  remedy 
reserved  to  them  in  this  Article,  it  shall  not  be  necessary  to 
give  any  notice,  other  than  such  notice  as  may  be  herein 
expressly  required.  Such  rights  and  remedies  as  are  given 


696  ORDINANCES  Ord.  No.  793 

the  City  hereunder  shall  also  extend  to  the  Bank  as  agent 
for  the  holder  of  the  Bond ;  and  the  Bank  as  agent  for  the 
holder  of  the  Bond  and  the  holder  of  the  Bond,  subject  to 
the  provisions  of  the  Ordinance,  shall  be  entitled  to  the  bene- 
fit of  all  covenants  and  agreements  herein  contained. 

Sec.  10.4.  Agreement  to  Pay  Attorney's  Fees  and  Ex- 
penses. In  the  event  the  Company  should  default  under  any 
of  the  provisions  of  this  Agreement,  and  the  City  or  the 
Bank  as  agent  for  the  holder  of  the  Bond  or  the  holder  of 
the  Bond  shall  hire  attorneys  or  incur  other  expenses  for 
the  collection  of  the  payments  due  hereunder  or  the  enforce- 
ment or  performance  or  observance  of  any  obligation  or 
agreement  on  the  part  of  the  Company  herein  contained,  the 
Company  agrees  that  it  will  on  demand  therefor  pay  to  the 
City,  the  Bank  as  agent  for  the  holder  of  the  Bond,  and  the 
holder  of  the  Bond  the  reasonable  fees  of  such  attorneys  and 
such  other  reasonable  expenses  incurred  by  the  City,  the 
Bank  as  agent  for  the  holder  of  the  Bond,  or  the  holder  of 
the  Bond. 

Sec.  10.5.  No  Additional  Waiver  Implied  by  One  Waiver. 
In  the  event  any  term,  covenant  or  agreement  contained  in 
this  Agreement  shall  be  breached  by  either  party  and  there- 
after waived  by  the  other  party,  such  waiver  shall  be  limited 
to  the  particular  breach  hereunder. 

ARTICLE  XL 

Prepayment 

Sec.  11.1.  Optional  Prepayment.  The  Company  shall  have 
the  right  upon  two  Banking  Days'  prior  written  notice  to 
the  City  and  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  the  holder  of  the  Bond,  to  prepay  the  moneys  due  here- 
under in  whole  or  in  part  on  any  interest  payment  date,  pro- 
vided that  (i)  each  partial  prepayment  shall  be  in  the 
amount  of  $10,000  or  a  multiple  thereof,  (ii)  interest  on  the 
amount  prepaid  accrued  to  the  prepayment  date,  shall  be 
paid  on  such  prepayment  date,  and  (iii)  each  partial  pre- 
payment shall  be  applied  to  the  principal  due  hereunder  in 
the  inverse  order  of  the  installment  payment  dates.  Such 
prepayment  shall  be  without  premium  or  penalty  unless  such 


ORDINANCES  697 

prepayment  shall  be  made  on  or  before  May  1,  1979,  in 
which  event  a  premium  in  the  amount  of  3  °/o  of  the  principal 
amount  to  be  prepaid  shall  be  charged  on  such  prepayment. 

Sec.  11.2.  Mandatory  Prepayment.  The  Company  shall  be 
obligated  to  prepay  the  amounts  due  hereunder  if,  prior  to 
the  expiration  of  the  Loan  Term  and  prior  to  the  full  pay- 
ment of  the  Bond,  any  of  the  following  shall  have  occurred : 

(a)  As  a  result  of  any  change  in  the  Constitution  of  the 
State  of  Maryland,  or  the  Constitution  of  the  United  States 
of  America,  or  of  legislative  or  administrative  action 
(whether  State  or  federal),  this  Agreement  or  the  Ordi- 
nance shall  have  become  void  or  unenforceable  or  impossible 
of  performance  in  accordance  with  the  intent  and  purposes 
of  the  parties  as  expressed  in  this  Agreement  or  in  the 
Ordinance;  or 

(b)  The  Company,  or  its  permitted  successors  or  as- 
signs, shall,  for  any  reason  whatsoever,  discontinue  the  use 
and  occupancy  of  the  Industrial  Building,  or  any  part 
thereof,  for  its  intended  purposes. 

The  Company  shall,  within  10  days  following  knowledge 
by  it  of  any  of  the  events  obligating  the  Company  to  prepay 
the  amounts  due  hereunder,  give  written  notice  to  the  City, 
the  Bank  as  agent  for  the  holder  of  the  Bond,  and  the  holder 
of  the  Bond,  indicating  whether  any  of  the  principal  of  or 
interest  on  the  Bond  shall  then  be  unpaid,  and  shall  specify 
therein  the  proposed  date  of  such  prepayment,  which  date 
shall  be  not  less  than  15  nor  more  than  45  days  from  the 
date  such  notice  is  mailed,  and  shall  make  arrangements 
satisfactory  to  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  the  holder  of  the  Bond  for  the  prepayment  of  the  Bond. 

The  amount  payable  by  the  Company  pursuant  to  the 
provisions  of  this  Section  shall  be  the  sum  of  the  following 
(i)  an  amount  of  money  which  when  added  to  the  amount 
on  deposit  with  the  Bank  as  agent  for  the  holder  of  the 
Bond  for  payment  of  the  Bond,  if  any,  will  be  sufficient  to 
prepay  all  the  outstanding  principal  of  and  accrued  and  un- 
paid interest  on  the  Bond,  including  all  payment  expenses; 
plus  (ii)  an  amount  of  money  equal  to  the  reasonable  fees 
and  expenses  of  the  Bank,  the  reasonable  fees  and  expenses 


698  ORDINANCES  Ord.  No.  793 

of  the  Bank  as  agent  for  the  holder  of  the  Bond,  and  the 
fees  and  expenses  of  the  City,  if  any,  accrued  and  to  accrue 
until  such  final  payment  of  the  Bond. 

ARTICLE  XII. 

Miscellaneous 

Sec.  12.1.  Notices.  All  notices,  certificates  or  other  writ- 
ten communications  hereunder  shall  be  sufficiently  given 
and  shall  be  deemed  given  when  mailed  by  registered  mail, 
postage  prepaid,  addressed  as  follows:  if  to  the  City,  to 
the  Deputy  Treasurer  of  the  City,  City  Hall,  Baltimore, 
Maryland  21202;  if  to  the  Company,  to  William  A.  Kroh, 
Hobelmann  Port  Services,  Inc.,  Suite  1344,  The  World  Trade 
Center,  Baltimore,  Maryland  21202;  and,  if  to  the  Bank 
as  agent  for  the  holder  of  the  Bond,  to  Timothy  D.  Mc- 
Millin,  Maryland  National  Bank,  10  Light  Street,  Balti- 
more, Maryland  21202.  A  duplicate  copy  of  each  notice, 
certificate  or  other  communication  given  hereunder  by 
either  the  City  or  the  Company  to  the  other  shall  also  be 
given  to  the  Bank  as  agent  for  the  holder  of  the  Bond. 
The  City,  the  Company,  the  Bank  as  agent  for  the  holder 
of  the  Bond,  and  the  holder  of  the  Bond,  may,  by  written 
notice  given  hereunder,  designate  any  further  or  different 
addresses  to  which  subsequent  notices,  certificates  or  other 
communications  shall  be  sent. 

Sec.  12.2.  Expenses.  The  Company  agrees  to  pay, 
whether  out  of  the  proceeds  of  the  Loan  or  other  funds, 
all  reasonable  expenses  of  the  City,  the  Bank,  the  Bond 
Registrar  (referred  to  in  the  Ordinance)  and  the  Bank 
as  agent  for  the  holder  of  the  Bond  (including  the  fees 
and  expenses  of  their  counsel)  in  connection  with  the  is- 
suance of  the  Bond  and  the  transactions  contemplated 
hereby,  including  all  costs  of  recording  and  filing  (fees 
and  taxes).  In  addition,  upon  notice  in  writing  from  the 
Bank  as  agent  for  the  holder  of  the  Bond  to  the  Company 
that  the  holder  of  the  Bond  or  the  Bank  as  agent  for  the 
holder  of  the  Bond  has  incurred  any  tax  liability  or  other 
expenses  resulting  from  the  imposition  by  the  United 
States  Government  of  taxes  or  other  levies  in  connection 
with   this   Agreement   other  than   taxes   heretofore   men- 


ORDINANCES  699 

tioned  in  Section  11.2,  the  Company  agrees  to  pay  any  and 
all  such  taxes  or  expenses.  So  long  as  the  Bank  is  the 
holder  of  the  Bond,  the  Bank  as  agent  for  the  holder  of 
the  Bond  shall  not  charge  a  fee  for  its  ordinary  services 
in  such  capacity.  In  no  event  shall  any  services  or  action 
rendered  or  taken  by  the  Bank  as  agent  for  the  holder  of 
the  Bond  occasioned  by  any  event  of  default  hereunder  be 
deemed  "ordinary  services."  During  such  period  as  the 
Bond,  or  any  part  thereof,  is  held  by  anyone  other  than 
the  Bank,  the  Company  shall  pay  directly  to  the  Bank  as 
agent  for  the  holder  of  the  Bond  a  reasonable  fee  sufficient 
to  compensate  it  for  its  services  in  such  capacity  as  agent 
for  the  holder  of  the  Bond,  and  failure  to  pay  such  fee 
shall  be  deemed  an  event  of  default  under  this  Agreement. 

Sec.  12.3.  Books  and  Records.  The  City,  the  holder  of 
the  Bond  and  the  Bank  as  agent  for  the  holder  of  the 
Bond,  in  the  event  any  of  the  principal  of  and  interest 
on  the  Bond  shall  at  the  time  be  outstanding  and  unpaid, 
may  have  reasonable  access  to  and  inspect,  examine,  and 
make  copies  of  the  books  and  records  and  any  and  all  ac- 
counts, data  and  income  tax  and  other  tax  returns  of  the 
Company. 

Sec.  12.4.  Binding  Effect.  This  Agreement  shall  inure 
to  the  benefit  of  and  shall  be  binding  upon  the  City  the 
Company,  and  their  respective  successors  and  assigns. 

Sec.  12.5.  Severability.  In  the  event  any  provision 
of  this  Agreement  shall  be  held  invalid  or  unenforceable 
by  any  court  of  competent  jurisdiction,  such  holding  shall 
not  invalidate  or  render  unenforceable  any  other  provi- 
sion hereof. 

Sec.  12.6.  Amounts  Remaining  tvith  Bank.  It  is  agreed 
by  the  parties  hereto  that  any  amounts  remaining  with 
the  Bank  as  agent  for  the  holder  of  the  Bond  upon  the 
expiration  or  earlier  termination  of  the  Loan  Term,  as 
provided  in  this  Agreement,  after  payment  in  full  of  the 
Bond  and  the  fees,  charges  and  expenses  of  the  Bank,  the 
Bank  as  agent  for  the  holder  of  the  Bond  and  the  City  and 
all  other  expenses  required  to  be  paid  under  this  Agree- 


700  ORDINANCES  Ord.  No.  793 

ment  and  the  Guaranty  Agreement,  shall  belong  to  and 
be  paid  to  the  Company  by  the  Bank  as  agent  for  the 
holder  of  the  Bond  as  an  overpayment  of  the  amounts  due 
hereunder. 


Sec.  12.7.  Amendments,  Changes  and  Modifications.  Ex- 
cept as  otherwise  provided  in  this  Agreement,  subsequent  to 
the  issuance  of  the  Bond  and  prior  to  its  payment  in  full, 
this  Agreement  may  not  be  amended,  changed,  modified, 
altered,  or  terminated  without  the  prior  written  consent 
of  the  Bank  as  agent  for  the  holder  of  the  Bond  and  the 
holder  of  the  Bond. 

Sec.  12.8.  Executed  Counterparts.  This  Agreement  may 
be  executed  in  several  counterparts,  each  of  which  shall 
be  an  original  and  all  of  which  shall  constitute  but  one 
and  the  same  instrument. 

SEC.  12.9.  Indemnification  of  City  and  Bank.  The  Com- 
pany shall  protect,  indemnify,  and  save  harmless  the  City, 
the  Bank  and  the  Bank  as  agent  for  the  holder  of  the  Bond 
and  their  respective  officers,  employees  and  agents  against 
and  from  any  and  all  liabilities,  suits,  actions,  claims,  de- 
mands, losses,  expenses  and  costs  of  every  kind  and  nature 
incurred  by,  or  asserted  or  imposed  against,  the  City,  the 
Bank,  the  Bank  as  agent  for  the  holder  of  the  Bond  and 
their  respective  officers,  agents  or  employees,  or  any  of 
them,  by  reason  of  any  accident,  injury  (including  death) 
or  damage  to  any  person  or  property,  howsoever  caused, 
resulting  from,  connected  with  or  growing  out  of  any  act 
of  commission  or  omission  of  the  Company,  or  any  officers, 
employees,  agents,  assignees,  contractors  or  subcontractors 
of  the  Company,  or  any  use,  non-use,  possession,  occupa- 
tion, condition,  operation,  service,  design,  construction, 
acquisition,  maintenance  or  management  of,  or  on,  or  in 
connection  with,  the  Industrial  Building  or  any  part  there- 
of, during  the  term  of  this  Agreement  and  regardless  of 
whether  such  liabilities,  suits,  actions,  claims,  demands, 
damages,  losses,  expenses  and  costs  be  against  or  be  suf- 
fered or  sustained  by  the  City,  the  Bank,  or  the  Bank  as 
agent  for  the  holder  of  the  Bond  or  any  of  their  respec- 
tive officers,  agents  or  employees,  or  be  against  or  be  suffered 


ORDINANCES  701 

or  sustained  by  other  persons,  corporations,  or  other  legal 
entities  to  whom  the  City,  the  Bank,  or  the  Bank  as  agent 
for  the  holder  of  the  Bond  or  any  of  their  respective  offi- 
cers, agents  or  employees  may  become  liable  therefor.  The 
City  shall  not  be  liable  for  any  damage  or  injury  occurring 
during  the  term  of  this  Agreement,  to  the  persons  or 
property  of  the  Company  or  any  of  its  officers,  agents, 
including  operating  personnel,  contractors  and  employees, 
or  any  other  person  or  entity  who  or  which  may  be  upon 
the  Industrial  Building,  due  to  any  act  or  negligence  of 
any  person  or  entity  other  than  the  City,  its  officers,  agents, 
servants  and  employees.  The  Company  may,  and  if  so 
requested  by  the  City,  the  Bank,  or  the  Bank  as  agent  for 
the  holder  of  the  Bond  shall,  undertake  to  defend,  at  its 
sole  cost  and  expense,  any  and  all  suits,  actions  or  pro- 
ceedings brought  against  the  City,  the  Bank,  or  the  Bank 
as  agent  for  the  holder  of  the  Bond  or  any  of  their  re- 
spective officers,  agents  or  employees  in  connection  with 
any  of  the  matters  mentioned  in  this  Section,  provided 
that  the  City,  the  Bank,  or  the  Bank  as  agent  for  the 
holder  of  the  Bond  shall  give  the  Company  timely  notice 
of  and  shall  forward  to  the  Company  every  demand, 
notice,  summons  or  other  process  received  with  respect 
to  any  claim  or  legal  proceedings  within  the  purview 
hereof. 

Sec.  12.10.  Filing.  The  security  interest  created  herein 
and  by  the  Assignment  shall  be  perfected  by  the  filing  of 
financing  statements  which  fully  comply  with  the  require- 
ments of  the  Maryland  Uniform  Commercial  Code  —  Se- 
cured Transactions,  in  the  office  of  the  Clerk  of  the  Su- 
perior Court  of  Baltimore  City,  Maryland,  and  in  the 
Office  of  the  State  Department  of  Assessments  and  Taxa- 
tion, in  the  City  of  Baltimore,  Maryland,  to  the  end  that 
the  rights  of  the  holder  of  the  Bond  and  the  Bank  as  agent 
for  the  holder  of  the  Bond  shall  be  fully  preserved  as 
against  creditors  of,  or  purchasers  for  value  from,  the  City 
or  the  Company.  The  parties  further  agree  that  all  neces- 
sary continuation  statements  shall  be  filed  within  the  time 
prescribed  by  the  Maryland  Uniform  Commercial  Code  — 
Secured  Transactions,  in  order  to  continue  the  security 
interest  created  by  this  Agreement  and  the  Assignment. 


702  ORDINANCES  Ord.  No.  793 

Sec.  12.11.  Net  Agreement.  This  Agreement  shall  be 
deemed  and  construed  to  be  a  "net  agreement",  and  the 
Company  shall  repay  absolutely  net  during  the  Loan  Term 
all  payments  required  hereunder,  free  of  any  deductions, 
without  abatement  deduction  or  set-off. 

Sec.  12.12.  Law  Governing  Construction  of  Agreement. 
This  Agreement  shall  be  governed  by,  and  construed  in 
accordance  with,  the  laws  of  the  State  of  Maryland. 

Sec.  12.13.  Exculpation  for  City.  Nothing  in  this  Loan 
Agreement  shall  be  construed  as  creating  any  pecuniary 
liability  by  the  City  to  the  Bank  as  agent  for  the  holder 
of  the  Bond  or  to  the  holder  of  the  Bond. 

IN  WITNESS  WHEREOF,  MAYOR  AND  CITY 
COUNCIL  OF  BALTIMORE,  MARYLAND  has  caused 
this  Agreement  to  be  executed  by  the  manual  signature 
of  its  Mayor,  and  its  corporate  seal  to  be  impressed  hereon, 
and  attested  by  the  manual  signature  of  its  Deputy  Treas- 
urer; and  HOBELMANN  PORT  SERVICES,  INC.  has 
caused  this  Agreement  to  be  executed  by  the  manual  sig- 
nature of  its  President,  and  its  corporate  seal  to  be  im- 
pressed hereon,  and  attested  by  its  Secretary  or  its  As- 
sistant Secretary  all  being  done  as  of  the  day  and  year 
first  above  written. 


ATTEST: 


MAYOR  AND  CITY  COUNCIL 
OF  BALTIMORE 


—  By 

Deputy  Treasurer  Mayor 

[CITY  SEAL]       HOBELMANN  PORT  SERVICES,  INC. 

By l 

[COMPANY  SEAL] 

EXHIBIT  A 

to 

Loan  Agreement  dated  as  of  ,  1978 

by  and  between  Mayor  and  City  Council  of  Baltimore 

and  Hobelmann  Port  Services,  Inc. 


ORDINANCES  703 

DESCRIPTION  OF  INDUSTRIAL  BUILDING 

The  Industrial  Building,  which  will  be  located  at  Fair- 
field, on  property  to  be  subleased  by  the  Company  from 
Nissan  Motor  Corporation  in  U.S.A.,  which  will  in  turn 
lease  the  property  from  the  Maryland  Port  Administra- 
tion, will  be  used  by  the  Company  to  provide  services  for 
imported  cars,  including  body  work,  marine  damage  re- 
pair, installation  of  accessories,  and  installation  of  truck 
beds. 

The  facility  will  consist  of  (a)  a  150'  x  250'  pre- 
engineered  metal  building,  fully  sprinklered  and  equipped 
to  accommodate  truck  bed  assembly,  automobile  accessory 
installation  and  an  automobile  marine  repair  shop,  and 
(b)  two  pre-fabricated  office  buildings  (56'  x  12')  to  ac- 
commodate administrative  staff  for  the  above  shops  and 
overall  warehousing  facilities. 

Sec.  12.  Be  it  further  ordained,  That  the  Assignment  by 
which  the  City  assigns  to  the  Bank  as  agent  for  the  holder 
of  the  Bond  all  of  its  right,  title  and  interest  in  and  to,  and 
remedies  under  the  Loan  Agreement  and  moneys  due  and 
to  become  due  the  City  thereunder,  and  all  collateral  pledged 
thereunder,  shall  be  substantially  in  the  following  form,  and 
the  form,  with  such  changes  therein  as  the  Mayor  of  the 
City  shall  approve  (such  approval  to  be  conclusively  evi- 
denced by  the  execution  and  delivery  of  the  Assignment  by 
the  Mayor  of  the  City),  is  hereby  adopted  by  the  City  as 
and  for  the  form  and  tenor  of  the  obligation  to  be  performed, 
and  the  Assignment  is  hereby  made  binding  upon  the  City. 

FORM  OF  ASSIGNMENT 
ASSIGNMENT 

For  the  benefit  of  the  holder,  from  time  to  time,  of  the 
City  of  Baltimore,  Maryland  Industrial  Development  Reve- 
nue Bond  (Hobelmann  Port  Services,  Inc.  Project)  in  the 
principal  amount  of  $600,000  dated  as  of  May  1,  1978 
(herein  called  the  "Bond"),  and  as  security  for  the  due  and 
punctual  payment  of  the  principal  of  and  interest  due  on  the 
Bond  and  as  security  for  the  performance  by  Mayor  and 
City  Council  of  Baltimore,  (herein  called  the  "City"),  of 
any  other  obligations  under  Ordinance  No.  of  the 


704  ORDINANCES  Ord.  No.  793 

City,  approved  by  the  Mayor  of  the  City  on  , 

1978  (herein  called  the  "Ordinance"),  the  City  hereby 
pledges  and  assigns  to  Maryland  National  Bank  as  agent  for 
the  holder  of  the  Bond  (in  such  capacity  herein  called  the 
"Assignee"),  the  following:  all  right,  title  and  interest  of 
the  City  in,  to  and  under  that  certain  Loan  Agreement  dated 
as  of  the  date  hereof  (herein  called  the  "Loan  Agreement"), 
between  the  City  and  Hobelmann  Port  Services,  Inc.,  a 
corporation  (herein  called  the  "Company"), 
together  with  all  moneys  due  and  to  become  due  to  the  City 
thereunder  (except  any  payments  to  be  made  to  the  City 
pursuant  to  the  fourth  literary  paragraph  of  Section  5.3  of 
the  Loan  Agreement  and  Sections  10.4,  12.2  and  12.9  of  the 
Loan  Agreement),  and  all  collateral  pledged  from  time  to 
time  thereunder  as  security  for  the  loan  in  the  amount  of 
$600,000  made  by  the  City  to  the  Company  on  the  date 
hereof  (the  "Loan"),  which  Loan  is  evidenced  and  secured 
by  the  Loan  Agreement,  and  all  rights  and  remedies  of  the 
City  thereunder,  and  the  City  hereby  appoints  the  Assignee 
as  agent  for  the  purpose  of  receiving  and  disbursing  such 
moneys  due  and  to  become  due  under  the  Loan  Agreement. 

The  Assignee,  shall  not  by  the  acceptance  of  this  Assign- 
ment be  deemed  to  assume,  or  in  any  way  to  become  re- 
sponsible for  the  performance  of,  any  of  the  duties,  under- 
takings or  obligations  of  the  City  under  the  Loan  Agree- 
ment, except  as  specifically  set  forth  herein. 

The  Assignee,  by  the  acceptance  hereof,  hereby  agrees  with 
the  City  for  the  benefit  of  the  holder  of  the  Bond  as  follows  : 

A.  The  Assignee  shall  receive  and  hold  the  rights  and 
moneys  hereby  assigned,  in  trust,  for  the  benefit  of  the 
holder  from  time  to  time  of  the  Bond  and  shall  promptly 
apply  all  moneys  from  time  to  time  received  and  held  by  the 
Assignee  hereunder  in  the  following  order  of  priority :  first, 
to  the  payment  when  due  of  interest  (including  additional 
interest,  if  any),  and  premium,  if  any,  on  the  Bond;  second, 
to  the  payment  when  due  of  principal  of  the  Bond ;  third,  to 
the  payment  of  any  additional  expenses  as  provided  in  Sec- 
tions 5.3,  10.4,  12.2  and  12.9  of  the  Loan  Agreement;  and, 
fourth,  as  to  any  balance  remaining  wTith  the  Assignee  upon 
expiration  or  earlier  termination  of  the  Loan  Term  as  de- 
scribed in   the  Loan   Agreement,   to  the  Company  in   ac- 


ORDINANCES  705 

cordance  with  the  provisions  of  Section  12.6  of  the  Loan 
Agreement.  The  Assignee  further  agrees  that  it  shall  en- 
force, at  the  direction  of  the  holder  of  the  Bond,  each  and 
every  right  granted  to  the  City  pursuant  to  the  Loan  Agree- 
ment, and  that  nothing  in  the  aforesaid  instruments,  or  this 
Assignment,  shall  obligate  the  City  to  act  or  refrain  from 
acting  under  such  instruments,  it  being  understood  that  the 
holder  of  the  Bond  shall  look  solely  to  the  Bank  as  agent  for 
the  holder  of  the  Bond  pursuant  to  this  Assignment  for 
enforcement  of  its  rights  and  remedies  under  the  Loan 
Agreement,  the  Bond,  and  the  Guaranty  Agreement  re- 
ferred to  in  the  Loan  Agreement. 

B.  The  Assignee  accepts  this  Assignment  upon  the  fol- 
lowing express  terms  and  conditions : 

1.  The  Assignee  shall  not  be  liable  or  responsible  for  any 
action  taken  or  omitted  by  it  under  this  Assignment  or  with 
respect  to  the  Bond,  except  for  its  own  gross  negligence  or 
willful  misconduct; 

2.  The  holder  of  the  Bond  (other  than  the  Assignee) 
shall  indemnify  and  hold  the  Assignee  harmless  against  any 
cost  or  expense  (including  counsel  fees)  and  against  any 
loss  or  liability  (except  such  as  results  from  the  Assignee's 
own  gross  negligence  or  willful  misconduct),  which  the 
Assignee  may  suffer  or  incur  by  reason  of  any  action  taken 
or  omitted  by  the  Assignee  hereunder; 

3.  The  Assignee  shall  cany  out  its  duties  hereunder  in 
accordance  with  the  express  provisions  of  this  Assignment 
and  the  Loan  Agreement,  provided  that,  as  to  any  matters 
not  expressly  provided  for,  the  Assignee  may  act  and  refrain 
from  acting  in  its  reasonable  discretion ;  and 

4.  Nothing  in  this  Assignment  shall  be  construed  as 
creating  any  pecuniary  liability  on  the  part  of  the  City  to 
the  holder  of  the  Bond. 

_  This  Assignment  shall  constitute  a  first  lien  upon  the 
rights  of  the  City  under  the  Loan  Agreement  and  of  all 
moneys  due  and  to  become  due  to  the  City  thereunder,  and 
the  collateral  pledged  thereunder,  subject  to  no  equal  or 
prior  lien  or  encumbrance  of  any  nature  whatsoever.  With 
respect  to  the  security  interest  created  hereby,  the  Assignee 


706  ORDINANCES  Ord.  No.  793 

shall  have  all  of  the  rights  and  remedies  of  a  secured  party 
under  the  Maryland  Uniform  Commercial  Code. 

#  IN  WITNESS  WHEREOF,  the  City  has  caused  this  As- 
signment to  be  duly  executed  by  its  Mayor  by  his 
manual  signature  and  has  caused  its  official  seal  to  be 
hereunto  affixed  and  attested  by  its  Deputy  Treasurer  by 
his  manual  signature,  all  as  of  the  day  of  , 

1978. 

MAYOR  AND  CITY  COUNCIL 
ATTEST:  OF  BALTIMORE 

By 1 _ 

Deputy  Treasurer  Mayor 

[CITY  SEAL] 

ACCEPTED: 

MARYLAND  NATIONAL  BANK 

By - - - - 

A  CKNO  WLEDGMENT 

The  undersigned  hereby  acknowledges  receipt  of  notice 
of  the  foregoing  Assignment,  and  intending  to  be  legally 
bound,  hereby  agrees  with  the  Assignee  therein  named  (1) 
to  pay  directly  to  the  Assignee  all  moneys  due  and  to  be- 
come due  from  the  undersigned  under  the  Loan  Agreement 
referred  to  in  the  Assignment,  (2)  to  perform  for  the  bene- 
fit of  the  Assignee  all  of  the  duties  and  undertakings  of  the 
undersigned  under  the  Loan  Agreement  referred  to  in  the 
Assignment,  and  (3)  that  the  Assignee  shall  not  be  obli- 
gated by  reason  of  the  Assignment  to  perform  or  be  re- 
sponsible for  the  performance  of  any  of  the  duties,  under- 
takings or  obligations  of  the  City  under  the  Loan  Agreement. 

IN  WITNESS  WHEREOF,  the  undersigned  has  caused 
this  Acknowledgment  to  be  duly  executed  in  its  name  and 
its  seal  to  be  hereunto  affixed  and  attested  by  its  duly  au- 
thorized officers,  all  as  of  the  day  of  ,  1978. 

HOBELMANN 
ATTEST:  PORT  SERVICES,  INC. 

By _ _ _ 

[COMPANY  SEAL] 


ORDINANCES  707 

SEC.  13.  Be  it  further  ordained,  That  the  Guaranty 
Agreement  to  be  executed  and  delivered  by  the  Company 
shall  be  in  such  form  and  contain  such  provisions  as  the 
Mayor  of  the  City  shall  approve  on  behalf  of  the  City, 
such  approval  of  the  Guaranty  Agreement  to  be  conclu- 
sively evidenced  by  the  execution  thereof  by  the  Mayor 
of  the  City  for  the  limited  purpose  of  evidencing  such 
approval. 

SEC.  14.  Be  it  further  ordained,  That  the  execution  and 
delivery  of  the  Bond,  the  Loan  Agreement  and  the  Assign- 
ment, and  the  execution  of  the  Guaranty  Agreement  (for 
the  limited  purpose  of  evidencing  the  approval  by  the 
Mayor  of  the  City  of  the  form  and  provisions  thereof), 
and  all  other  documents  necessary  to  evidence  and  secure 
the  Bond  and  the  Loan  are  hereby  authorized.  The  Loan 
Agreement,  the  Assignment  and  the  Guaranty  Agreement 
shall  be  executed  on  behalf  of  the  City  by  the  Mayor  of 
the  City  by  his  manual  signature,  and  the  corporate  seal 
of  the  City  shall  be  impressed  or  otherwise  reproduced 
thereon  and  attested  by  the  Deputy  Treasurer  of  the  City 
by  his  manual  signature.  The  Bond  shall  be  executed  on 
behalf  of  the  City  by  the  Mayor  of  the  City  by  his  manual 
signature,  and  the  corporate  seal  of  the  City  shall  be 
impressed  or  otherwise  reproduced  thereon  and  attested 
by  the  Deputy  Treasurer  of  the  City  by  his  manual  sig- 
nature. In  case  any  officer  whose  signature  shall  appear 
on  the  Bond  or  any  of  the  aforesaid  documents  shall  cease 
to  be  such  officer  before  the  delivery  of  the  Bond  or  any 
of  the  other  documents  aforesaid,  such  signature  shall 
nevertheless  be  valid  and  sufficient  for  all  purposes,  the 
same  as  if  such  officer  had  remained  in  office  until  de- 
livery. The  Mayor,  the  Deputy  Treasurer  and  other  officials 
of  the  City  shall  do  all  such  acts  and  things  and  execute 
such  supporting  documents  and  certificates  as  may  be 
necessary  to  carry  out  and  comply  with  the  provisions 
hereof.  Before  the  execution  and  delivery  of  the  Bond  by 
the  Mayor  to  the  Bank,  the  City  shall  have  received  a  cer- 
tificate signed  by  an  officer  of  the  Bank  and  satisfactory 
to  counsel  for  the  City  stating  that  (a)  the  Bank  has 
purchased  the  Bond  as  a  commercial  investment  and  not 
with  a  view  to  redistribute  the  same  to  the  general  public, 
and  (b)  the  Bank  has  not  relied  upon  the  City  for  or  re- 


708  ORDINANCES  Ord.  No.  794 

ceived  from  the  City  any  information  concerning  the  finan- 
cial condition  of  Hobelmann  Port  Services,  Inc. 

Sec.  15.  Be  it  further  ordained,  That  the  provisions  of 
this  Ordinance  are  severable,  and  if  any  provision,  sen- 
tence, clause,  section  or  part  thereof  is  held  illegal,  invalid 
or  unconstitutional  or  inapplicable  to  any  person  or  cir- 
cumstances, such  illegality,  invalidity  or  unconstitution- 
ality, or  inapplicability  shall  not  affect  or  impair  any  of 
the  remaining  provisions,  sentences,  clauses,  sections,  or 
parts  of  this  Ordinance  or  their  application  to  other  per- 
sons or  circumstances.  It  is  hereby  declared  to  be  the  legis- 
lative intent  that  this  Ordinance  would  have  been  passed 
if  such  illegal,  invalid  or  unconstitutional  provision,  sen- 
tence, clause,  section  or  part  had  not  been  included  herein, 
and  if  the  person  or  circumstances  to  which  this  Ordinance 
or  any  part  hereof  are  inapplicable  had  been  specifically 
exempted  herefrom. 

Sec.  16.  Be  it  farther  ordained,  That  this  Ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  794 
(Council  No.  1628) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore,  pursuant  to  and  in  accordance  with  the  Mary- 
land Industrial  Development  Financing  Authority  Act  to 
acquire  the  property  at  1400  Russell  Street,  Baltimore, 
Maryland,  and  lease  same  to  The  Harbor  Sales  Company, 
Incorporated  A  CORPORATION  ORGANIZED  AND 
EXISTING  UNDER  THE  LAWS  OF  THE  STATE  OF 
MARYLAND ;  to  borrow  a  sum  of  money  not  to  exceed 
Three  Hundred  Thirty  Thousand  Dollars  and  use  the 
same  to  acquire  and  improve  said  property;  to  execute 
the  necessary  legal  documents  to  secure  said  loan;  and 


ORDINANCES  709 

conferring  and  imposing  upon  the  Department  of  Housing 
and  Community  Development  certain  powers  and  duties. 

Whereas,  Ordinance  No.  1022,  approved  November  24, 
1975,  was  enacted  transferring  all  the  duties  and  respon- 
sibilities of  The  Baltimore  City  Economic  Development 
Commission  to  The  Department  of  Housing  and  Community 
Development  thereby  vesting  in  said  department  certain 
powers  and  duties  to  be  exercised  in  connection  with  aiding 
the  industrial  growth  of  Baltimore  City;  and 

Whereas,  Article  41,  Sections  266J  to  266CC,  inclusive, 
of  the  Annotated  Code  of  Maryland,  as  amended,  created 
and  amended  the  Maryland  Industrial  Development  Fi- 
nancing Authority,  hereinafter  called  "MIDFA,"  and  vested 
in  it  certain  powers  and  duties  in  connection  with  the 
preservation  and  betterment  of  the  economy  of  the  State; 
and 

Whereas,  the  aforementioned  sections  of  said  Article 
41  of  the  Annotated  Code  of  Maryland,  among  other  things, 
authorize  any  municipality  of  this  State  to  borrow  money 
without  pledging  its  full  faith  and  credit,  and  to  execute  a 
mortgage  as  security  therefor,  and  use  such  money  to  defray 
the  cost  of  acquiring  any  industrial  project,  including  land, 
buildings  and  equipment,  either  by  purchase  or  construc- 
tion, after  the  adoption  of  an  ordinance  by  the  legislative 
body  of  the  municipality  to  do  so;  and 

Whereas,  The  Harbor  Sales  Company,  Incorporated,  a 
corporation  organized  and  existing  under  the  laws  of  the 
State  of  Maryland,  by  its  letter  of  intent  dated  January  27, 
1978,  addressed  to  the  Mayor  of  Baltimore,  hereinafter 
called  "City",  has  requested  aid  and  assistance  from  the 
City  in  connection  with  the  acquisition  and  improvements 
of  the  property  hereinafter  designated  in  Baltimore  City 
which  is  to  be  used  by  the  aforesaid  Company;  and 

Whereas,  it  has  been  determined  that  cooperation  by  the 
City  in  connection  with  the  aforementioned  undertaking 
will  improve  the  economic  condition  of  Baltimore  City;  now, 
therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That:  (a)  pursuant  to  and  in  accordance  with 


710  ORDINANCES  Ord.  No.  794 

the  terms  an4  TO  provisions  of  Sections  266J  and  266CC  of 
Article  41  of  the  Annotated  Code  of  Maryland,  as  amended, 
which  created  and  amended  MIDFA: 

(1)  The  City  be  and  it  is  hereby  authorized  to  acquire 
by  negotiation  and  not  by  eminent  domain  the  land  and 
improvements  located  at  1400  Russell  Street,  Ward  21, 
Section  9,  Block  839-43,  Lot  3,  Baltimore,  Maryland,  21230. 

(2)  The  aforementioned  property  shall  be  acquired 
only  for  the  purpose  of  leasing  it  to  The  Harbor  Sales  Com- 
pany, Incorporated,  A  CORPORATION  ORGANIZED  AND 
EXISTING  UNDER  THE  LAWS  OF  THE  STATE  OF 
MARYLAND,  to  be  used  by  it  in  connection  with  its  busi- 
ness operations,  upon  such  terms  and  conditions  as  may 
be  mutually  agreed  upon  by  the  City  and  said  Company. 

(3)  The  City  be  and  it  is  hereby  fully  authorized  and 
empowered  to  borrow  a  sum  of  money  not  exceeding  Three 
Hundred  Thirty  Thousand  Dollars  ($330,000.00)  and  to  use 
the  same  for  or  in  connection  with  the  acquisition  and 
improvements  to  the  aforementioned  property,  and  to  exe- 
cute a  mortgage  on  said  property  to  secure  the  aforesaid 
loan;  the  term  of  said  mortgage  shall  not  exceed  sixteen 
(16)  years,  and  the  rate  of  interest  to  be  paid  by  the  City 
in  connection  with  said  loan  shall  not  exceed  seven  and  one- 
quarter  percent  (7%%)  per  annum  (CALCULATED  ON 
THE  BASIS  OF  A  360  DAY  YEAR  FACTOR  APPLIED 
TO  ACTUAL  DAYS  ELAPSED).  If  at  any  time  dur- 
ing the  term  of  the  loan  it  is  determined  that  the  interest  to 
the  bank  is  not  tax  exempt  from  Federal  and  State  of  Mary- 
land income  tax;  the  interest  rate  will  automatically  be 
increased  to  fourteen  percent  (14%)  PER  ANNUM  (CAL- 
CULATED ON  THE  BASIS  OF  A  360  DAY  YEAR  FAC- 
TOR APPLIED  TO  ACTUAL  DAYS  ELAPSED)  for  any 
periods  that  said  interest  is  so  taxable. 

(4)  The  terms  and  provisions  of  any  and  all  legal  instru- 
ments to  be  executed  or  entered  into  by  the  City  in  connec- 
tion with  the  transaction  authorized  by  this  ordinance  shall 
be  subject  to  the  approval  of  the  Board  of  Estimates. 

Sec.  2.  And  be  it  further  ordained,  That  the  Department 
of  Housing  and  Community  Development  is  hereby  fully 


ORDINANCES  711 

authorized  and  empowered  for  the  purpose  of  this  ordi- 
nance only: 

(a)  To  promote,  make  investigations,  conduct  prelimi- 
nary negotiations,  and  do  any  and  all  other  things  necessary 
or  proper  to  expedite  the  consummation  of  the  transactions 
mentioned  in  this  ordinance;  all  pursuant  and  subject  to  the 
provisions  of  the  Charter  of  Baltimore  City. 

(b)  After  the  transactions  mentioned  in  this  ordinance 
have  been  fully  consummated,  the  Department  of  Housing 
and  Community  Development  shall  do  any  and  all  other 
things  necessary,  proper  or  expedient  to  assure  the  full  per- 
formance by  The  Harbor  Sales  Company,  Incorporated,  A 
CORPORATION  ORGANIZED  AND  EXISTING  UNDER 
THE  LAWS  OF  THE  STATE  OF  MARYLAND,  of  any 
and  all  of  the  terms  and  provisions  in  any  and  all  agree- 
ments entered  into  by  the  City  and  The  Harbor  Sales 
Company,  Incorporated,  A  CORPORATION  ORGANIZED 
AND  EXISTING  UNDER  THE  LAWS  OF  THE  STATE 
OF  MARYLAND,  all  subject  to  the  provisions  of  the 
Charter  of  Baltimore  City. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  795 

(Council  No.  1629) 

An  Ordinance  providing  for  a  supplementary  special  loan 
fund  appropriation  in  the  amount  of  Three  Hundred 
Thirty  Thousand  Dollars  ($330,000)  to  the  Department 
of  Housing  and  Community  Development  to  be  used  for 
property  acquisition  and  improvement  under  the  Mary- 
land Industrial  Development  Financing  Authority  and 
City  Ordinance  in  accordance  with  the  provisions 

of  Article  VI,  Section  2(h)(3)    of  the  Baltimore  City 
Charter  (1964  Revision). 


712  ORDINANCES  Ord.  No.  795 

Whereas,  Article  41,  Sections  266J  «m4  TO  266CC,  inclu- 
sive, of  the  Annotated  Code  of  Maryland,  as  amended,  cre- 
ated and  amended  the  Maryland  Industrial  Development 
Financing*  Authority,  hereinafter  called  "MIDFA,"  and 
vested  in  it  certain  powers  and  duties  in  connection  with 
the  preservation  and  betterment  of  the  economy  of  the 
State,  authorizes  any  municipality  of  the  State  to  borrow 
money  without  pledging  its  full  faith  and  credit,  and  to 
execute  a  mortgage  as  security  therefore,  and  use  such 
money  to  defray  the  cost  of  acquiring  an  industrial  project, 
including  land,  buildings  and  equipment,  either  by  purchase 
or  construction,  after  the  adoption  of  an  ordinance  by  the 
legislature  of  the  municipality  to  do  so ;  and 

Whereas,  the  money  appropriated  herein  represents  the 
proceeds  of  an  Industrial  Development  Loan  guaranteed  in 
part  by  the  Maryland  Industrial  Development  Financing 
Authority;  and 

Whereas,  Ordinance  provides  a  sum  of  money  not 

to  exceed  Three  Hundred  Thirty  Thousand  Dollars  ($330,- 
000)  for  the  acquisition  and  improvement  of  various  prop- 
erties located  at  1400  Russell  Street  in  Baltimore  City;  and 

Whereas,  Ordinance  provides  for  the  leasing  of  the 

aforementioned  property  to  Harbor  Sales  Company,  Inc., 
to  be  used  in  connection  with  its  business  operations;  and 

Whereas,  the  Industrial  Development  Loan  represents 
a  material  change  in  circumstances  since  the  adoption  of 
the  1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  loan  fund  appro- 
priation ordained  herein  has  been  recommended  to  the  City 
Council  by  the  Board  of  Estimates,  said  recommendation 
having  been  made  at  a  regular  meeting  of  said  Board  of 
Estimates  held  on  the  26th  day  of  April,  1978,  all  in  ac- 
cordance with  Article  VI,  Section  2(h)(3)  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(3)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Hundred  Thirty  Thousand 
Dollars  ($330,000)  shall  be  made  available  to  the  Depart- 


ORDINANCES  713 

ment  of  Housing  and  Community  Development  of  the  City 
of  Baltimore  as  a  supplementary  special  loan  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1978  for  the 
purpose  of  acquiring  and  improving  various  properties  lo- 
cated in  Baltimore  City.  The  amount  thus  made  available 
as  a  supplementary  special  loan  fund  appropriation  shall  be 
expended  from  an  Industrial  Development  Loan  and  shall 
be  the  source  of  revenue  for  this  supplementary  special  loan 
fund  appropriation,  as  required  by  Article  VI,  Section 
2(h)(3)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  796 
(Council  No.  1648) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore,  pursuant  to  and  in  accordance  with  the  Mary- 
land Industrial  Development  Financing  Authority  Act, 
to  borrow  a  sum  of  money  not  to  exceed  Five  Hundred 
Thousand  Dollars  ($500,000)  and  use  same  to  improve 
the  industrial  project  on  the  property  at  6800  East  Balti- 
more Street,  Baltimore,  Maryland,  which  was  previously 
acquired  and  leased  to  Durrett-Sheppard  Steel  Co.,  Inc.; 
to  execute  the  necessary  legal  documents  to  secure  said 
loan;  and  conferring  and  imposing  upon  the  Department 
of  Housing  and  Community  Development  certain  powers 
and  duties. 

Whereas,  Ordinance  No.  1022,  approved  November  24, 
1975,  was  enacted  transferring  all  the  duties  and  responsi- 
bilities of  the  Baltimore  City  Economic  Development  Com- 
mission to  the  Department  of  Housing  and  Community  De- 
velopment  thereby    vesting   in    said    department   certain 


714  ORDINANCES  Ord.  No.  796 

powers  and  duties  to  be  exercised  in  connection  with  aiding 
the  industrial  growth  of  Baltimore  City;  and 

Whereas,  Article  41,  Sections  266J  to  266CC,  inclusive, 
of  the  Annotated  Code  of  Maryland,  as  amended,  created 
and  amended  the  Maryland  Industrial  Development  Fi- 
nancing Authority,  hereinafter  called  "MIDFA",  and  vested 
in  it  certain  powers  and  duties  in  connection  with  the  pres- 
ervation and  betterment  of  the  economy  of  the  State;  and 

Whereas,  the  aforementioned  sections  of  said  Article  41 
of  the  Annotated  Code  of  Maryland,  among  other  things, 
authorize  any  municipality  of  this  State  to  borrow  money 
without  pledging  its  full  faith  and  credit,  and  to  execute  a 
mortgage  as  security  therefor,  and  use  such  money  to 
defray  the  cost  of  acquiring  any  industrial  project,  in- 
cluding land,  buildings  and  equipment,  either  by  purchase 
or  construction,  after  the  adoption  of  an  ordinance  by  the 
legislative  body  of  the  municipality  to  do  so;  and 

Whereas,  the  Durrett-Sheppard  Steel  Co.,  Inc.,  a  cor- 
poration organized  and  existing  under  the  laws  of  the  State 
of  Maryland,  by  its  letter  of  intent  dated  March  3,  1978, 
addressed  to  the  Mayor  of  Baltimore,  hereinafter  called 
"City",  has  requested  aid  and  assistance  from  the  City  in 
connection  with  improvements  to  the  property  hereinafter 
designated  in  Baltimore  City  which  is  presently  being 
leased  to  and  used  by  the  aforesaid  company;  and 

Whereas,  it  has  been  determined  that  cooperation  by  the 
City  in  connection  with  the  aforementioned  undertaking 
will  improve  the  economic  condition  of  Baltimore  City;  now, 
therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
vf  Baltimore,  That:  (a)  pursuant  to  and  in  accordance  with 
the  terms  and  provisions  of  Sections  266J  to  266CC  of 
Article  41  of  the  Annotated  Code  of  Maryland,  as  amended, 
which  created  and  amended  MIDFA: 

(1)  The  City  be  and  it  is  hereby  fully  authorized  and 
empowered  to  borrow  a  sum  of  money  not  to  exceed  a  total 
of  Five  Hundred  Thousand  Dollars  ($500,000)  and  to  use 
same  for  or  in  connection  with  improvements  to  the  prop- 
erty located  at  6800  East  Baltimore  Street,  Ward  26,  Sec- 


ORDINANCES  715 

tion  17,  Block  6417,  Lot  292,  Baltimore,  Maryland  21224, 
which  property  was  previously  acquired  by  the  City  and 
leased  to  Durrett-Sheppard  Steel  Co.,  Inc.,  for  an  industrial 
project;  and  to  execute  a  mortgage  loan  to  secure  the  afore- 
said loan;  the  term  of  said  mortgage  shall  not  exceed  eight- 
een (18)  years  for  Three  Hundred  Fifty  Thousand  Dollars 
($350,000)  of  the  total  loan  and  six  (6)  years  for  One 
Hundred  Fifty  Thousand  Dollars  ($150,000)  of  the  total 
loan  and  the  rate  of  interest  to  be  paid  by  the  City  in  con- 
nection with  said  loan  shall  not  exceed  seven  percent  (1%) 
per  annum.  In  the  event  that  said  interest  is  validly  de- 
termined for  any  reason  not  to  be  tax  exempt  to  the  lender 
from  Federal  or  State  of  Maryland  income  tax,  the  interest 
rate  will  automatically  be  increased  to  twelve  percent 
(12%)  for  any  periods  that  said  interest  is  so  taxable. 

(2)  The  City  is  specifically  authorized  to  consolidate 
and  cross-collaterlize  the  aforesaid  loan  with  two  (2)  prior 
loans  evidenced  and  secured  by  deeds  of  trust  regarding 
the  property  at  6800  East  Baltimore  Street,  Baltimore, 
Maryland,  and  the  industrial  project  situated  thereon,  one 
dated  August  13,  1974  obtained  pursuant  to  Ordinance  No. 
593,  approved  May  8,  1974  and  the  other  dated  August  29, 
1975  obtained  pursuant  to  Ordinance  No.  971,  approved 
July  9,  1975. 

(3)  The  terms  and  provisions  of  any  and  all  legal  in- 
struments to  be  executed  or  entered  into  by  the  City  in 
connection  with  the  transaction  authorized  by  this  ordi- 
nance shall  be  subject  to  the  approval  of  the  Board  of 
Estimates. 

Sec.  2.  And  be  it  further  ordained,  That  the  Department 
of  Housing  and  Community  Development  is  hereby  fully 
authorized  and  empowered  for  the  purpose  of  this  ordi- 
nance only: 

(a)  To  promote,  make  investigations,  conduct  pre- 
liminary negotiations,  and  do  any  and  all  other  things 
necessary  or  proper  to  expedite  the  consummation  of  the 
transactions  mentioned  in  this  ordinance;  all  pursuant  and 
subject  to  the  provisions  of  the  Charter  of  Baltimore  City. 

(b)  After  the  transactions  mentioned  in  this  ordinance 
have  been  fully  consummated,  the  Department  of  Housing 


716  ORDINANCES  Ord.  No.  797 

and  Community  Development  shall  do  any  and  all  other 
things  necessary,  proper  or  expedient  to  assure  the  full 
performance  by  the  Durrett-Sheppard  Steel  Co.,  Inc.,  of  any 
and  all  of  the  terms  and  provisions  in  any  and  all  agree- 
ments entered  into  by  the  City  and  the  Durrett-Sheppard 
Steel  Co.,  Inc.,  all  subject  to  the  provision  of  the  Charter  of 
Baltimore  City. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  797 
(Council  No.  1649) 

An  Ordinance  providing  for  a  supplementary  special  loan 
fund  appropriation  in  the  amount  of  Five  Hundred 
Thousand  Dollars  ($500,000)  to  the  Department  of  Hous- 
ing and  Community  Development  to  be  used  for  property 
improvement  under  the  Maryland  Industrial  Development 
Financing  Authority  and  City  Ordinance  ,  in  ac- 

cordance   with    the   provisions    of   Article    VI,    Section 
2(h)(3)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  Article  41,  Sections  266J  a»4  TO  266CC,  inclu- 
sive, of  the  Annotated  Code  of  Maryland,  as  amended, 
created  and  amended  the  Maryland  Industrial  Development 
Financing  Authority,  hereinafter  called  "MIDFA,"  and 
vested  in  it  certain  powers  and  duties  in  connection  with 
the  preservation  and  betterment  of  the  economy  of  the 
State,  authorizes  any  municipality  of  the  State  to  borrow 
money  without  pledging  its  full  faith  and  credit,  and  to 
execute  a  mortgage  as  security  therefore,  and  use  such 
money  to  defray  the  cost  of  improving  an  industrial 
project,  including  land,  buildings  and  equipment,  either  by 


ORDINANCES  717 

purchase  or  construction,  after  the  adoption  of  an  ordi- 
nance by  the  legislature  of  the  municipality  to  do  so ;  and 

Whereas,  the  money  appropriated  herein  represents 
the  proceeds  of  an  Industrial  Development  Loan  guaran- 
teed in  part  by  the  Maryland  Industrial  Development  Fi- 
nancing Authority;  and 

Whereas,  Ordinance  provides  a  sum  of  money 

not  to  exceed  Five  Hundred  Thousand  Dollars  ($500,000) 
to  improve  the  industrial  project  at  6800  East  Baltimore 
Street;  and 

Whereas,  Ordinance  593,  approved  May  8,  1974,  pro- 
vides for  the  leasing  of  the  aforementioned  property  to 
Durrett-Sheppard  Steel  Company,  Inc.,  to  be  used  in  con- 
nection with  its  business  operations ;  and 

Whereas,  the  Industrial  Development  Loan  represents 
a  material  change  in  circumstances  since  the  adoption  of 
the  1977-1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  loan  fund  appro- 
priation ordained  herein  has  been  recommended  to  the  City 
Council  by  the  Board  of  Estimates,  said  recommendation 
having  been  made  at  a  regular  meeting  of  said  Board  of 
Estimates  held  on  the  26th  day  of  April,  1978,  all  in 
accordance  with  Article  VI,  Section  2(h)  (3)  of  the  1964 
revised  Charter  of  Baltimore  City. 

Section  1.  Be  it  ordamed  by  the  Mayor  and  City  CotmcU 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(3)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Five  Hundred  Thousand  Dol- 
lars ($500,000)  shall  be  made  available  to  the  Department 
of  Housing  and  Community  Development  of  the  City  of 
Baltimore  as  a  supplementary  special  loan  fund  appropria- 
tion for  the  fiscal  year  ending  June  30,  1978  for  the  pur- 
pose of  improving  the  property  at  6800  East  Baltimore 
Street.  The  amount  thus  made  available  as  a  supplementary 
special  loan  fund  appropriation  shall  be  expended  from  an 
Industrial  Development  Loan  and  shall  be  the  source  of 
revenue  for  this  supplementary  special  loan  fund  appro- 
priation, as  required  by  Article  VI,  Section  2(h)  (3)  of  the 
1964  revised  Charter  of  Baltimore  City. 


718  ORDINANCES  Ord.  No.  798 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  798 
(Council  No.  1663) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Forty-Three  Thousand 
Dollars  ($43,000)  to  the  City  Council  to  be  used  for  ad- 
ditional operating  expenses  which  could  not  be  reasonably 
anticipated  at  the  time  of  the  formulation  of  the  pro- 
posed Fiscal  1978  Ordinance  of  Estimates,  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (3)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents 
revenue  produced  by  earnings  on  investments  in  excess  of 
the  revenue  estimated  and  relied  upon  by  the  Board  of  Esti- 
mates in  determining  the  tax  levy  required  to  balance  the 
budget  for  the  fiscal  year  1978  and  is  therefore  available  for 
appropriation  to  the  City  Council  pursuant  to  the  provisions 
of  Article  VI,  Section  2(h)  (3)  of  the  Baltimore  City  Char- 
ter (1964  Revision);  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th  day 
of  May,  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)(3)  of  said  Charter. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2  of  the  1964  revision  of  the  Charter  of  Baltimore 
City  the  sum  of  Forty-three  Thousand  Dollars   ($43,000) 


ORDINANCES  719 

shall  be  made  available  to  the  City  Council  as  a  supple- 
mentary general  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  additional  operating 
expenses  which  could  not  be  reasonably  anticipated  at  the 
time  of  formulation  of  the  proposed  Fiscal  1978  Ordinance 
of  Estimates.  The  amount  thus  made  available  as  a  supple- 
mentary general  fund  appropriation  shall  be  expended  from 
revenue  derived  from  earnings  on  investments  in  excess  of 
the  amount  from  this  source  which  was  estimated  or  relied 
upon  by  the  Board  of  Estimates  in  determining  the  tax 
levy  required  to  balance  the  budget  for  the  1978  fiscal  year; 
and  said  funds  shall  be  the  source  of  revenue  for  this  sup- 
plementary general  fund  appropriation,  as  required  by  Ar- 
ticle VI,  Section  2  of  the  1964  revised  Charter  of  Baltimore 
City. 

Sec.  2.  And  be  it  further  vrdained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  799 
(Council  No.  1664) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Four  Hundred  Twenty- 
Seven  Thousand  Dollars  ($427,000)  to  the  Community 
College  to  be  used  for  additional  operating  expenses 
which  could  not  be  reasonably  anticipated  at  the  time  of 
the  formulation  of  the  proposed  Fiscal  1978  Ordinance  of 
Estimates,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (3)  of  the  Baltimore  City  Charter  (1964 
Revision) . 

Whereas,  the  money  appropriated  herein  represents 
revenue  produced  by  earnings  on  investments  in  excess  of 
the  revenue  estimated  and  relied  upon  by  the  Board  of  Esti- 
mates in  determining  the  tax  levy  required  to  balance  the 


720  ORDINANCES  Ord.  No.  799 

budget  for  the  fiscal  year  1978  and  is  therefore  available 
for  appropriation  to  the  Community  College  pursuant  to  the 
provisions  of  Article  VI,  Section  2(h)  (3)  of  the  Baltimore 
City  Charter  (1964  Revision);  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th  day 
of  May,  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)  (3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore  City 
the  sum  of  Four  Hundred  Twenty-seven  Thousand  Dollars 
($427,000)  shall  be  made  available  to  the  Community  Col- 
lege as  a  supplementary  general  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  addi- 
tional operating  expenses  which  could  not  be  reasonably 
anticipated  at  the  time  of  formulation  of  the  proposed 
Fiscal  1978  Ordinance  of  Estimates.  The  amount  thus  made 
available  as  a  supplementary  general  fund  appropriation 
shall  be  expended  from  revenue  derived  from  earnings  on 
investments  in  excess  of  the  amount  from  this  source  which 
was  estimated  or  relied  upon  by  the  Board  of  Estimates  in 
determining  the  tax  levy  required  to  balance  the  budget  for 
the  1978  fiscal  year;  and  said  funds  shall  be  the  source  of 
revenue  for  this  supplementary  general  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Provided  that  said  sum  of  Four  Hundred  Twenty-seven 
Thousand  Dollars  ($427,000)  shall  be  appropriated  as  fol- 
lows: 

Program  430,  Administration  of  College $136,000 

Program  431,  Instruction 68,000 

Program  433,  Student  Services _ 209,000 

Program  436,  Harbor  Campus  Planning 14,000 


ORDINANCES  721 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  800 
(Council  No.  1665) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Two  Hundred  Fifty-five 
Thousand  Dollars  ($255,000)  to  the  City  Jail,  Program 
290,  to  be  used  for  additional  operating  expenses  which 
could  not  be  reasonably  anticipated  at  the  time  of  the 
formulation  of  the  proposed  Fiscal  1978  Ordinance  of 
Estimates,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (3)  of  the  Baltimore  City  Charter  (1964 
Revision) . 

Whereas,  the  money  appropriated  herein  represents  rev- 
enue produced  by  earnings  on  investments  in  excess  of  the 
revenue  estimated  and  relied  upon  by  the  Board  of  Esti- 
mates in  determining  the  tax  levy  required  to  balance  the 
budget  for  the  fiscal  year  1978  and  is  therefore  available 
for  appropriation  to  the  City  Jail  pursuant  to  the  provi- 
sions of  Article  VI,  Section  2(h)  (3)  of  the  Baltimore  City 
Charter  (1964  Revision) ;  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th  day 
of  May,  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)(3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Artie1  e  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore  City 
the  sum  of  Two  Hundred  Fifty-five  Thousand  Dollars 
($255,000)   shall  be  made  available  to  the  City  Jail,  Pro- 


722  ORDINANCES  Ord.  No.  801 

gram  290,  as  a  supplementary  general  fund  appropriation 
for  the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
additional  operating  expenses  which  could  not  be  reasonably 
anticipated  at  the  time  of  formulation  of  the  proposed 
Fiscal  1978  Ordinance  of  Estimates.  The  amount  thus  made 
available  as  a  supplementary  general  fund  appropriation 
shall  be  expended  from  revenue  derived  from  earnings  on 
investments  in  excess  of  the  amount  from  this  source 
which  was  estimated  or  relied  upon  by  the  Board  of  Esti- 
mates in  determining  the  tax  levy  required  to  balance  the 
budget  for  the  1978  fiscal  year;  and  said  funds  shall  be  the 
source  of  revenue  for  this  supplementary  general  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  farther  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  801 
(Council  No.  1666) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Seventy  Thousand  Dollars 
(§70,000)  to  the  Office  of  the  Sheriff  to  be  used  for  addi- 
tional operating  expenses  which  could  not  be  reasonably 
anticipated  at  the  time  of  the  formulation  of  the  proposed 
Fiscal  1978  Ordinance  of  Estimates,  in  accordance  with 
the  provisions  of  Article  VI,  Section  2(h)(3)  of  the 
Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents 
revenue  produced  by  earnings  on  investments  in  excess  of 
the  revenue  estimated  and  relied  upon  by  the  Board  of 
Estimates  in  determining  the  tax  levy  required  to  balance 
the  budget  for  the  fiscal  year  1978  and  is  therefore  available 
for  appropriation  to  the  Office  of  the  Sheriff  pursuant  to  the 


ORDINANCES  723 

provisions  of  Article  VI,  Section  2(h)  (3)  of  the  Baltimore 
City  Charter  (1964  Revision)  ;  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th  day 
of  May,  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)  (3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore  City 
the  sum  of  Seventy  Thousand  Dollars  ($70,000)  shall  be 
made  available  to  the  Office  of  the  Sheriff  as  a  supple- 
mentary general  fund  appropriation  for  the  fiscal  year 
ending  June  30,  1978  for  the  purpose  of  additional  operating 
expenses  which  could  not  be  reasonably  anticipated  at  the 
time  of  formulation  of  the  proposed  Fiscal  1978  Ordinance 
of  Estimates.  The  amount  thus  made  available  as  a  supple- 
mentary general  fund  appropriation  shall  be  expended  from 
revenue  derived  from  earnings  on  investments  in  excess  of 
the  amount  from  this  source  which  was  estimated  or  relied 
upon  by  the  Board  of  Estimates  in  determining  the  tax  levy 
required  to  balance  the  budget  for  the  1978  fiscal  year;  and 
said  funds  shall  be  the  source  of  revenue  for  this  supple- 
mentary general  fund  appropriation,  as  required  by  Article 
VI,  Section  2  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  802 
(Council  No.  1667) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  One  Hundred  Fifty  Thou- 


724  ORDINANCES  Ord.  No.  802 

sand  Dollars  ($150,000)  to  the  Office  of  the  State's  At- 
torney to  be  used  for  additional  operating  expenses  which 
could  not  be  reasonably  anticipated  at  the  time  of  the 
formulation  of  the  proposed  fiscal  1978  Ordinance  of  Esti- 
mates, in  accordance  with  the  provisions  of  Article  VI, 
Section  2(h)  (3)  of  the  Baltimore  City  Charter  (1964  Re- 
vision). 

Whereas,  the  money  appropriated  herein  represents 
revenue  produced  by  earnings  on  investments  in  excess  of 
the  revenue  estimated  and  relied  upon  by  the  Board  of  Esti- 
mates in  determining  the  tax  levy  required  to  balance  the 
budget  for  the  fiscal  year  1978  and  is  therefore  available  for 
appropriation  to  the  Office  of  the  State's  Attorney  pursuant 
to  the  provisions  of  Article  VI,  Section  2(h)(3)  of  the  Balti- 
more City  Charter  (1964  Revision);  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th  day 
of  May,  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)  (3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore  City 
the  sum  of  One  Hundred  Fifty  Thousand  Dollars  ($150,000) 
shall  be  made  available  to  the  Office  of  the  State's  Attorney 
as  a  supplementary  general  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  addi- 
tional operating  expenses  which  could  not  be  reasonably 
anticipated  at  the  time  of  formulation  of  the  proposed  Fiscal 
1978  Ordinance  of  Estimates.  The  amount  thus  made  avail- 
able as  a  supplementary  general  fund  appropriation  shall 
be  expended  from  revenue  derived  from  earnings  on  invest- 
ments in  excess  of  the  amount  from  this  source  which  was 
estimated  or  relied  upon  by  the  Board  of  Estimates  in  de- 
termining the  tax  levy  required  to  balance  the  budget  for 
the  1978  fiscal  year;  and  said  funds  shall  be  the  source  of 
revenue  for  this  supplementary  general  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2  of  the  1964  re- 
vised Charter  of  Baltimore  City. 


ORDINANCES  725 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  803 
(Council  No.  1668) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  One  Hundred  Sixty-five 
Thousand  Dollars  ($165,000)  to  the  Supreme  Bench  to 
be  used  for  additional  operating  expenses  which  could 
not  be  reasonably  anticipated  at  the  time  of  the  formu- 
lation of  the  proposed  Fiscal  1978  Ordinance  of  Esti- 
mates, in  accordance  with  the  provisions  of  Article  VI, 
Section  2(h)(3)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents 
revenue  produced  by  earnings  on  investments  in  excess  of 
the  revenue  estimated  and  relied  upon  by  the  Board  of  Esti- 
mates in  determining  the  tax  levy  required  to  balance  the 
budget  for  the  fiscal  year  1978  and  is  therefore  available 
for  appropriation  to  the  Supreme  Bench  pursuant  to  the 
provisions  of  Article  VI,  Section  2(h)  (3)  of  the  Baltimore 
City  Charter  (1964  Revision) ;  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th 
day  of  May,  1978,  all  in  accordance  with  Article  VI,  Sec- 
tion 2(h)  (3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore 
City  the  sum  of  One  Hundred  Sixty-five  Thousand  Dollars 
($165,000)  shall  be  made  available  to  the  Supreme  Bench 


726  ORDINANCES  Ord.  No.  804 

as  a  supplementary  general  fund  appropriation  for  the 
fiscal  year  ending  June  30,  1978  for  the  purpose  of  addi- 
tional operating  expenses  which  could  not  be  reasonably 
anticipated  at  the  time  of  formulation  of  the  proposed 
Fiscal  1978  Ordinance  of  Estimates.  The  amount  thus  made 
available  as  a  supplementary  general  fund  appropriation 
shall  be  expended  from  revenue  derived  from  earnings  on 
investments  in  excess  of  the  amount  from  this  source  which 
was  estimated  or  relied  upon  by  the  Board  of  Estimates  in 
determining  the  tax  levy  required  to  balance  the  budget 
for  the  1978  fiscal  year;  and  said  funds  shall  be  the  source 
of  revenue  for  this  supplementary  general  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  804 
(Council  No.  1669) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Five  Hundred  Ninety-four 
Thousand  Dollars  ($594,000)  to  the  Board  of  Estimates, 
Program  122,  to  be  used  for  retired  employees  health  in- 
surance which  could  not  be  reasonably  anticipated  at  the 
time  of  the  formulation  of  the  proposed  Fiscal  1978  Ordi- 
nance of  Estimates,  in  accordance  with  the  provisions  of 
Article  VI,  Section  2(h)(3)  of  the  Baltimore  City 
Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents 
revenue  produced  by  earnings  on  investments  in  excess  of 
the  revenue  estimated  and  relied  upon  by  the  Board  of  Esti- 
mates in  determining  the  tax  levy  required  to  balance  the 


ORDINANCES  727 

budget  for  the  fiscal  year  1978  and  is  therefore  available 
for  appropriation  to  the  Board  of  Estimates,  Prog-ram  122, 
pursuant  to  the  provisions  of  Article  VI,  Section  2(h)  (3) 
of  the  Baltimore  City  Charter  (1964  Revision)  ;  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th  day 
of  May,  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)(3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore  City 
the  sum  of  Five  Hundred  Ninety-Four  Thousand  Dollars 
($594,000)  shall  be  made  available  to  the  Board  of  Esti- 
mates, Program  122,  as  a  supplementary  general  fund  ap- 
propriation for  the  fiscal  year  ending  June  30,  1978  for  the 
purpose  of  retired  employees  health  insurance  which  could 
not  be  reasonably  anticipated  at  the  time  of  formulation  of 
the  proposed  Fiscal  1978  Ordinance  of  Estimates.  The 
amount  thus  made  available  as  a  supplementary  general 
fund  appropriation  shall  be  expended  from  revenue  derived 
from  earnings  on  investments  in  excess  of  the  amount  from 
this  source  which  was  estimated  or  relied  upon  by  the 
Board  of  Estimates  in  determining  the  tax  levy  required  to 
balance  the  budget  for  the  1978  fiscal  year;  and  said  funds 
shall  be  the  source  of  revenue  for  this  supplementary  gen- 
eral fund  appropriation,  as  required  by  Article  VI,  Section  2 
of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor, 


728  ORDINANCES  Ord.  No.  805 

No.  805 
(Council  No.  1670) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  One  Hundred  Seventy- 
five  Thousand  Dollars  ($175,000)  to  the  Department  of 
Public  Works,  Program  552,  to  be  used  for  dredging  of 
the  Montebello  Waste  Lake,  in  accordance  with  the  pro- 
visions of  Article  VI,  Section  2(h)(3)  of  the  Baltimore 
City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents 
revenue  produced  by  earnings  on  investments  in  excess  of 
the  revenue  estimated  and  relied  upon  by  the  Board  of 
Estimates  in  determining  the  tax  levy  required  to  balance 
the  budget  for  the  fiscal  year  1978  and  is  therefore  avail- 
able for  appropriation  to  the  Department  of  Public  Works, 
Program  552,  pursuant  to  the  provisions  of  Article  VI, 
Section  2(h)(3)  of  the  Baltimore  City  Charter  (1964  Re- 
vision) ;  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  meeting  of  said  Board  held  on  the  10th 
day  of  May,  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)(3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore  City 
the  sum  of  One  Hundred  Seventy-five  Thousand  Dollars 
($175,000)  shall  be  made  available  to  the  Department  of 
Public  Works,  Program  552,  as  a  supplementary  general 
fund  appropriation  for  the  fiscal  year  ending  June  30, 
1978  for  the  purpose  of  dredging  of  the  Montebello  Waste 
Lake.  The  amount  thus  made  available  as  a  supplementary 
general  fund  appropriation  shall  be  expended  from  revenue 
derived  from  earnings  on  investments  in  excess  of  the 
amount  from  this  source  which  was  estimated  or  relied 
upon  by  the  Board  of  Estimates  in  determining  the  tax 
levy  required  to  balance  the  budget  for  the  1978  fiscal 
year;  and  said  funds  shall  be  the  source  of  revenue  for 


ORDINANCES  729 

this  supplementary  general  fund  appropriation,  as  required 
by  Article  VI,  Section  2  of  the  1964  revised  Charter  of 
Baltimore  City. 

Sec.  2.  And  be  it  farther  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  806 
(Council  No.  1750) 

An  Ordinance  to  waive  the  provisions  of  Paragraph  4811 
and  Paragraph  4852  of  Article  32  of  Baltimore  City  Code 
(1976  Edition),  title  "Building  Regulations'',  said  article 
being  known  generally  as  the  Building  Code  of  Balti- 
more City,  and  also  to  waive  any  other  pertinent  and 
conflicting  provisions  of  said  Article  32,  as  amended,  in 
order  to  permit  the  construction  of  improvements  to  a 
mill  type  building  by  Durrett-Sheppard  Steel  Company, 
Inc.,  on  property  known  as  6800  East  Baltimore  Street. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  as  applicable  to  the  present  structure 
on  6800  E.  Baltimore  Street,  used  primarily  for  steel  fabri- 
cation and  storage,  and  certain  improvements  to  that  struc- 
ture to  be  constructed,  the  provisions  of  certain  paragraphs 
of  Article  32  of  the  Baltimore  City  Code  (1976  Edition), 
title  "Building  Regulations",  said  article  being  known  gen- 
erally as  the  Building  Code  of  Baltimore  City,  as  heretofore 
amended,  be  and  they  are  hereby  waived  as  follows: 

The  provisions  of  Paragraph  4811  of  said  Article  32  and 
also  any  other  pertinent  and  conflicting  provisions  of  said 
Article  32,  as  heretofore  amended,  be  and  they  are  hereby 
waived  insofar  as  they  impose  certain  maximum  volume 
limitations  on  certain  types  of  industrial  buildings. 


730  ORDINANCES  Ord.  No.  807 

The  provisions  of  Paragraph  4852  of  said  Article  32  and 
also  any  other  pertinent  and  conflicting  provisions  of  said 
Article  32,  as  heretofore  amended,  be  and  they  are  hereby 
waived  insofar  as  they  impose  maximum  travel  distances 
to  and  between  exits  in  Industrial  Buildings. 

The  waivers  herein  set  forth  shall  be  effective  only  as  to 
the  present  Durrett-Sheppard  Steel  Company  industrial 
building  containing  approximately  2,500,000  cubic  feet  and 
an  addition  to  be  constructed  thereto,  which  addition  shall 
not  exceed  a  total  volume  of  1,500,000  cubic  feet  and  shall 
be  a  maximum  of  one  story  in  height. 

The  addition  shall  be  constructed  of  incombustible  ma- 
terials in  structural  assemblies  that  will  meet  the  approval 
of  the  Commissioner  as  providing  adequate  fire-resistive- 
ness. 

Except  for  the  specific  provisions  of  this  ordinance,  all 
other  provisions  of  said  Building  Code  and  all  other  laws 
and  ordinances  of  Baltimore  City  applicable  hereto  shall  be 
observed  in  the  construction  of  these  improvements. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  26,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  807 
(Council  No.  1579) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-two  Million  Six 
Hundred  Forty-five  Thousand  Nine  Hundred  Dollars 
($22,645,900)  to  the  Department  of  Housing  and  Com- 
munity Development  to  be  used  for  carrying  out  capital 
improvements  included  in  the  Federal  Community  De- 
velopment Block  Grant  Program  for  Baltimore  City 
(Year  IV),  in  accordance  with  the  provisions  of  Article 


ORDINANCES  731 

VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision) . 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
5th  day  of  April,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Twenty-two  Million  Six  Hun- 
dred Forty-five  Thousand  Nine  Hundred  Dollars  ($22,- 
645,900)  shall  be  made  available  to  the  Department  of 
Housing  and  Community  Development  of  the  City  of  Balti- 
more as  a  supplementary  special  fund  appropriation  for 
the  fiscal  year  ending  June  30,  1978  for  the  purpose  of 
carrying  out  capital  improvements  included  in  the  Federal 
Community  Development  Block  Grant  Program  for  Balti- 
more City  (Year  IV),  provided  that  said  improvements 
shall  consist  of  the  following  projects: 

Barclay  Village  $    387,000 

Charles  Center 5,000 

Coldspring   225,000 

Coldstream-Homestead-Montebello  294,600 

Druid  Heights  147,400 

Fells  Point 140,500 

Franklin  Square 256,300 

Fremont   363,300 

Gay  Street  I  151,400 


732  ORDINANCES  Ord.  No.  807 

Greenmount  West  378,800 

Inner  Harbor  East  317,000 

Inner  Harbor  I 1,092,000 

Inner  Harbor  West 3,531,000 

Johnson  Square  217,900 

Jonestown  200,100 

Loft  District 417,000 

Madison  Park  North 529,200 

Madison  Park  South 3,500 

Mid-Town  Belvedere 728,700 

Montgomery  20,000 

Mount  Clare  262,400 

Mount  Vernon  227,200 

Mount  Winans  60,000 

Municipal  Center 1,038,000 

North  Avenue  Transit  Station  Area 133,000 

Oldtown 1,295,100 

Oliver    181,700 

Orchard-Biddle 599,400 

Park  Heights  1,552,900 

Poppleton   730,900 

Reservoir  Hill 424,600 

Ridgely's  Delight 298,400 

Sandtown-Winchester  615,500 

Sharp-Leadenhall 798,600 

Upper  Fells  Point  210,700 

Upton    1,490,200 

Walbrook  Shopping  Center  300,000 

Washington  Hill-Chapel  46,300 


ORDINANCES  733 

Washington  Village 48,400 

Rehabilitation  Loans 700,000 

Rehabilitation  Easements 822,500 

Berea  Multi-Purpose  Center  54,400 

Cherry  Hill  Multi-Purpose  Center  75,000 

Reservoir  Hill  Multi-Purpose  Center 20,000 

Rosemont  Multi-Purpose  Center 220,000 

WACTU  Multi-Purpose  Center 25,000 

Local  Option 1,050,000 

The  amount  thus  made  available  as  a  supplementary  spe- 
cial fund  appropriation  shall  be  expended  from  a  grant  of 
funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the  Fed- 
eral Government,  said  sum  being  allotted  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Government  under 
Title  I  of  the  Housing  and  Community  Development  Act  of 
1974;  and  said  funds  from  said  Federal  Government  shall 
be  the  source  of  revenue  for  this  supplementary  special 
fund  appropriation,  as  required  by  Article  VI,  Section  2- 
(h)  (2)  of  the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  808 
(Council  No.  1580) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Five  Million  Four  Hun- 
dred Forty-six  Thousand  Nine  Hundred  Dollars  ($5,- 
446,900)  to  the  Department  of  Housing  and  Community 
Development  to  be  used  for  carrying  out  operating  activ- 
ities included  in  the  Federal  Community  Development 
Block  Grant  Program  for  Baltimore  City  (Year  IV),  in 


734  ORDINANCES  Ord.  No.  808 

accordance  with  the  provisions  of  Article  VI,   Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected  with 
reasonable  certainty  at  the  time  of  the  formulation  of  the 
1977-78  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
5th  day  of  April,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Five  Million  Four  Hundred  Forty-six 
Thousand  Nine  Hundred  Dollars  ($5,446,900)  shall  be  made 
available  to  the  Department  of  Housing  and  Community 
Development  of  the  City  of  Baltimore  as  a  supplementary 
special  fund  appropriation  for  the  fiscal  year  ending  June 
30,  1978  for  the  purpose  of  carrying  out  operating  activi- 
ties included  in  the  Federal  Community  Development  Block 
Grant  Program  for  Baltimore  City  (Year  IV),  provided 
that  said  sum  of  Five  Million  Four  Hundred  Forty-six 
Thousand  Nine  Hundred  Dollars  ($5,446,900)  shall  be  ap- 
propriated as  follows : 

Program  177,  Administrative  Direction 

and  Control $    108,000 

Program  260,  Construction  and 

Building  Inspection 815,230 

Program  581,  Planning 541,000 

Program  582,  Land  Development 240,230 

Program  583,  Neighborhood  Development ..  1,170,800 

Program  593,  Community  Support  Projects  2,571,640 


ORDINANCES  735 

The  amount  thus  made  available  as  a  supplementary  spe- 
cial fund  appropriation  shall  be  expended  from  a  grant  of 
funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Federal  Government,  said  sum  being  specifically  allotted  to 
the  Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose  by  the  Federal  Government  under  Title  I  of  the 
Housing  and  Community  Development  Act  of  1974;  and 
said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  809 
(Council  No.  1581) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Four  Hundred  Thirty- 
eight  Thousand  Six  Hundred  Dollars  ($438,600)  to  the 
Department  of  Planning  to  be  used  for  carrying  out  oper- 
ating activities  included  in  the  Federal  Community  De- 
velopment Block  Grant  Program  for  Baltimore  City 
(Year  IV),  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)(2)  of  the  Baltimore  City  Charter 
(1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected  with 
reasonable  certainty  at  the  time  of  the  formulation  of  the 
1977-1978  Ordinance  of  Estimates ;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 


736  ORDINANCES  Ord.  No.  810 

twelfth  day  of  April,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(2)  of  the  1964  revised  Charter  of  Balti- 
more City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)(2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Four  Hundred  Thirty-eight  Thousand 
Six  Hundred  Dollars  ($438,600)  shall  be  made  available 
to  the  Department  of  Planning  of  the  City  of  Baltimore  as 
a  supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  carrying  out 
operating  activities  included  in  the  Federal  Community 
Development  Block  Grant  Program  for  Baltimore  City 
(Year  IV). 

The  amount  thus  made  available  as  a  supplementary  spe- 
cial fund  appropriation  shall  be  expended  from  a  grant  of 
funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Federal  Government,  said  sum  being  specifically  allotted  to 
the  Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose  by  the  Federal  Government  under  Title  I  of  the 
Housing  and  Community  Development  Act  of  1974;  and 
said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund 
appropriation,  as  required  by  Article  VI,  Section  2(h)  of 
the  1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained.  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  810 
(Council  No.  1582) 


An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Six  Million  Eight  Hundred 


ORDINANCES  737 

Sixteen  Thousand  Seven  Hundred  Dollars  ($6,816,700)  to 
the  Urban  Services  Agency  to  be  used  for  carrying  out 
operating  activities  included  in  the  Federal  Community 
Development  Block  Grant  Program  for  Baltimore  City 
(Year  IV),  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision). 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
12th  day  of  April,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Six  Million  Eight  Hundred 
Sixteen  Thousand  Seven  Hundred  Dollars  ($6,816,700) 
shall  be  made  available  to  the  Urban  Services  Agency  as  a 
supplementary  special  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  carrying  out 
operating  activities  included  in  the  Federal  Community 
Development  Block  Grant  Program  for  Baltimore  City 
(Year  IV),  provided  that  said  sum  of  Six  Million  Eight 
Hundred  Sixteen  Thousand  Seven  Hundred  Dollars  ($6,- 
816,700)  shall  be  appropriated  as  follows : 

Program  119,  Community  Center 

Administration $    316,600 

Program  171,  Administration  878,200 

Program  172,  USA  Neighborhood 

Organizations 638,100 

Program  296,  USA  Legal  Assistance 223,000 

Program  326,  USA  Health 406,000 


738  ORDINANCES  Ord.  No.  811 

Program  376,  USA  Social  Services  1,925,000 

Pro-am  396,  USA  Family  and 

Community  Services  262,100 

Program  426,  USA  Education 839,000 

Program  496,  USA  Recreation  857,400 

Program  576,  USA  Business  Assistance  ....  166,300 

Program  578,  USA  Housing  305,000 

The  amount  thus  made  available  as  a  supplementary 
special  fund  appropriation  shall  be  expended  from  a  grant 
of  funds  to  the  Mayor  and  City  Council  of  Baltimore  by  the 
Federal  Government,  said  sum  being  specifically  allotted  to 
the  Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose  by  the  Federal  Government  under  Title  I  of  the 
Housing  and  Community  Development  Act  of  1974;  and 
said  funds  from  said  Federal  Government  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 
propriation, as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  811 
(Council  No.  1689) 

An  Ordinance  entitled   'The  Ordinance  of  Estimates"  for  the 
twelve-month  period  ending  June  30,  1979. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council  of 
Baltimore,  That  the  following  amounts  or  so  much  thereof  as 
shall  be  sufficient  are  hereby  appropriated  subject  to  the  pro- 
visions hereinafter  set  forth  for  the  purpose  of  carrying  out 
the   programs   included   in  the  operating  budget  and   projects 


ORDINANCES  739 

listed  in  the  capital  budget  from  the  amounts  estimated  to  be 
available  in  the  designated  funds  during  the  fiscal  year  ending 
June  30,  1979 : 

A.     OPERATING  BUDGET 

CIVIC  CENTER  COMMISSION 

540.    Civic  Center  Operation 

General  Fund  Appropriation  „ _ $     2,383,488 

CIVIL  SERVICE  COMMISSION 

160.    Personnel  Administration 

General  Fund  Appropriation  _ $     1,549,674 

Special  Fund  Appropriation „ $  52,944 

COMMUNITY  COLLEGE  OF  BALTIMORE 

430.  Administration  of  College 

General  Fund  Appropriation _ $     2,114,069 

431.  Instruction 

General  Fund  Appropriation  _ $     6,585,209 

Special  Fund  Appropriation $     1,676,031 

432.  Operational  Plant  Maintenance 

General  Fund  Appropriation  $     1,804,710 

433.  Student  Services 

General  Fund  Appropriation $        735,287 

Special  Fund  Appropriation _ _ _ $     5,094,993 

A  revolving  fund  is  hereby  authorized  to 
provide  for  operation  of  two  Book  Stores 
and  Student  Activities,  the  costs  of  which 
are  to  be  recovered  from  income  derived 
from  sale  of  books,  supplies  and  student 
fees. 


COMMUNITY  RELATIONS  COMMISSION 

Development  of  Intergroup  Relations 

General  Fund  Appropriation  $        580,692 

Special  Fund  Appropriation _ _ $        111,348 


740  ORDINANCES  Ord.  No.  811 

COMPTROLLER,  DEPARTMENT  OF 

130.  Executive  Direction  and  Control 

General  Fund  Appropriation _ $        142,884 

131.  Audits 

General  Fund  Appropriation  $     1,007,450 

132.  Real  Estate  Acquisition  and  Management 

General  Fund  Appropriation  _ $        345,400 

134.  Tax  Sale  Property  Management 

General  Fund  Appropriation  _ $        951,184 

135.  Insurance  on  City  Facilities 

General  Fund  Appropriation  _ $        708,311 

136.  Municipal  Post  Office 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  opera- 
tion of  a  municipal  post  office,  the  costs 
of  which  are  to  be  recovered  from  using 
agencies. 

536.    Markets  and  Harbor  Administration 

General  Fund  Appropriation  _ $        733,522 

COUNCIL,  CITY 

100.    City  Legislation 

General  Fund  Appropriation  _ $        910,245 

COUNCIL,  OFFICE  OF  FINANCIAL  REVIEW 

103.    Financial  Review 

General  Fund  Appropriation  $        175,751 

COURTS 

109.  Psychiatric  Evaluation 

General  Fund  Appropriation  _ $  38,808 

110.  Supreme  Bench 

General  Fund  Appropriation  $     4,796,277 

Special  Fund  Appropriation $  74,398 

112.    Orphans'  Court 

General  Fund  Appropriation  $        139,016 


ORDINANCES  741 

DISASTER  CONTROL  AND  CIVIL  DEFENSE,  OFFICE  OF 

220.    Disaster  Planning 

General  Fund  Appropriation  _ $        215,953 


EDUCATION,  DEPARTMENT  OF 

400.  Administrative  Direction  and  Control 

General  Fund  Appropriation _ $     6,451,051 

Special  Fund  Appropriation _ $     3,164,671 

401.  Instructional  Services 

General  Fund  Appropriation  $127,629,220 

Special  Fund  Appropriation $  19,422,813 

402.  Pupil  Personnel  Services 

General  Fund  Appropriation  _ $     7,134,140 

Special  Fund  Appropriation $        137,560 

403.  Pupil  Transportation  Services 

General  Fund  Appropriation  $     1,588,046 

Special  Fund  Appropriation _ _ $     6,572,874 

404.  Plant  Operation  Services 

General  Fund  Appropriation $  30,889,824 

Federal  Antirecession  Assistance 

Fund  Appropriation _ $  1,850,000 

Special  Fund  Appropriation _ _...._ $  22,246 

405.  Plant  Maintenance  Services 

General  Fund  Appropriation  $     9,750,566 

Special  Fund  Appropriation $  2,413 

406.  Food  Services 

General  Fund  Appropriation  _ _ $  70,000 

Special  Fund  Appropriation _ _...._ $  17,608,040 

407.  Student  Body  Services 

General  Fund  Appropriation  _ _ $     1,002,000 

411.    Educational  Services  for  Exceptional  Children 

General  Fund  Appropriation  $  27,963,331 

Special  Fund  Appropriation _ _ _..  $     2,208,071 

421.    Debt  Service 

General  Fund  Appropriation  _...._ $  24,845,474 


742 


ORDINANCES 


Ord.  No.  811 


ELECTIONS,  SUPERVISORS  OF 

180.    Voter  Registration  and  Conduct  of  Elections 

General  Fund  Appropriation $     1,205,974 


EMPLOYEES  RETIREMENT  SYSTEMS, 
BOARDS  OF  TRUSTEES 

152.    Administration,  Employees  Retirement  Systems 

General  Fund  Appropriation  _ $        506,287 

FINANCE,  DEPARTMENT  OF 

140.  Administrative  Direction  and  Control 

General  Fund  Appropriation  _ $        195,890 

141.  Budget  and  Management  Research 

General  Fund  Appropriation  _ _ $        940,081 

Federal  Revenue  Sharing 

Fund  Appropriation _ $  25,000 

142.  Accounting  Systems  and  Operations 

General  Fund  Appropriation _ $     1,954,387 

Federal  Revenue  Sharing  Appropriation  $  25,000 
An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  ac- 
counting services  of  the  Mobile  Equip- 
ment Program,  the  costs  of  which  are  to 
be  recovered  from  using  agencies. 

143.  Collections  and  Receipts 

General  Fund  Appropriation $     2,007,808 

144.  Purchasing 

General  Fund  Appropriation  „ - $     1,174,131 

145.  Warehousing 

General  Fund  Appropriation  _ - $     2,369,817 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  opera- 
tion of  an  oil  delivery  service,  the  costs 
of  which  are  to  be  recovered  from  using 
agencies. 

147.    Management  Information  Services 

General  Fund  Appropriation  $     2,444,320 


ORDINANCES  743 

148.    Reproduction  and  Printing 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  opera- 
tion of  a  municipal  reproduction  and 
printing  service,  the  costs  of  which  are 
to  be  recovered  from  using  agencies. 

189-145.     Warehousing  Automotive  Parts 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  cen- 
tralized automotive  parts  warehousing 
and  inventory,  the  costs  of  which  are  to 
be  recovered  from  using  agencies. 

FIRE,  DEPARTMENT  OF 

210.  Administrative  Direction  and  Control 

General  Fund  Appropriation  _ $     1,523,515 

Federal  Revenue  Sharing  Fund 
Appropriation  _ $     1,295,720 

211.  Training 

Federal  Revenue  Sharing  Fund 
Appropriation  _ _ $       319,722 

212.  Fire  Suppression 

General  Fund  Appropriation  _ _ $  25,781,631 

Federal  Revenue  Sharing  Fund 
Appropriation  _ $  14,199,538 

213.  Fire  Prevention 

Federal  Revenue  Sharing  Fund 
Appropriation  _ ........ $         978,174 

214.  Ambulance  Service 

Federal  Revenue  Sharing  Fund 
Appropriation _ „ $     3,035,996 

215.  Fire  Alarm  and  Communications 

Federal  Revenue  Sharing  Fund 
Appropriation  „ „ _ $     1,537,660 

217.    Equipment  Maintenance 

Federal  Revenue  Sharing  Fund 
Appropriation  _...._ $        905,326 

219.    Non-Actuarial  Retirement  Benefits 

General  Fund  Appropriation  $     2,079,087 


744  ORDINANCES  Ord.  No.  811 

HEALTH,  DEPARTMENT  OF 

225.    Safety 

General  Fund  Appropriation  _ $        620,817 

240.    Animal  Control 

General  Fund  Appropriation  $        557,430 

300.    Administrative  Direction  and  Control 

General  Fund  Appropriation  _ $     1,907,296 

302.  Environmental  Health 

General  Fund  Appropriation  $     2,730,112 

Special  Fund  Appropriation $        178,319 

303.  Special  Purpose  Grants 

Special  Fund  Appropriation _...._ $     2,000,000 

304.  Adult  Health  Services 

General  Fund  Appropriation  „ $  1,669,796 

Federal  Revenue  Sharing  Fund 

Appropriation  ....... $  100,000 

Special  Fund  Appropriation ....... $  1,295,612 

305.  Maternal  and  Infant  Services 

General  Fund  Appropriation  $        131,706 

Special  Fund  Appropriation $     2,414,974 

306.  General  Nursing  Services 

General  Fund  Appropriation  _ $     2,786,962 

Special  Fund  Appropriation $        161,359 

307.  Mental  Health  Services 

General  Fund  Appropriation  $     1,276,899 

Special  Fund  Appropriation _ $     2,154,776 

308.  Children  and  Youth  Services 

General  Fund  Appropriation  _ $     1,653,370 

Special  Fund  Appropriation _ _..  $     9,293,268 

309.  Medical  Care 

Special  Fund  Appropriation „ $        531,045 

311.    Health  Services  for  the  Aging 

General  Fund  Appropriation  _ $        590,030 

Special  Fund  Appropriation $     3,324,276 


ORDINANCES  745 

HISTORICAL  AND  ARCHITECTURAL  PRESERVATION, 
COMMISSION  FOR 

570.    Preservation  of  Historic  Places 

General  Fund  Appropriation  _ $  93,387 

HOSPITALS,  DEPARTMENT  OF 

335.  Administrative  Services 

General  Fund  Appropriation $     1,437,599 

336.  Fiscal  Services 

General  Fund  Appropriation  $    2,392,131 

337.  General  Services 

General  Fund  Appropriation - $     8,011,633 

A  revolving  fund  is  hereby  authorized  to 
provide  for  operation  of  an  employees' 
cafeteria,  the  costs  of  which  are  to  be 
recovered  from  income  derived  from  sale 
of  meals. 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  opera- 
tion of  staff  apartments,  the  costs  of 
which  are  to  be  recovered  from  income 
derived  from  apartment  rentals. 

339.  Nursing  Services 

General  Fund  Appropriation  $     8,832,605 

340.  Professional  Care  of  Patients 

General  Fund  Appropriation $    4,723,907 

341.  Outpatient  Care 

General  Fund  Appropriation $     1,771,155 

342.  Diagnostic  Services 

General  Fund  Appropriation _...._ $     5,845,360 

343.  Grants  and  Special  Projects 

Special  Fund  Appropriation  $     3,048,127 

A  revolving  fund  is  hereby  authorized  to 
provide  for  the  receipt  of  funds  donated 
by  civic  groups  and  individuals,  and  for 
the  expenditures  thereof  for  special  hos- 
pital projects. 


746  ORDINANCES  Ord.  No.  811 

345.    Paramedical  Services 

General  Fund  Appropriation  _..  $     2,317,311 

A  revolving  fund  is  hereby  authorized  to 
provide  for  the  operation  of  an  outpa- 
tient phannacy,  the  costs  of  which  are 
to  be  recovered  from  income  derived 
from  the  sale  of  medicines  to  patients. 

347.  Long  Term  Care 

General  Fund  Appropriation  _..  $     3,463,613 

348.  Central  Laundry  Facility 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  opera- 
tion of  a  central  laundry  service,  the 
costs  of  which  are  to  be  recovered  from 
using  agencies. 


HOUSING  AND  COMMUNITY  DEVELOPMENT, 
DEPARTMENT  OF 

177.    Administrative  Direction  and  Control 

General  Fund  Appropriation  $     8,863,724 

260.    Construction  and  Building  Inspection 

General  Fund  Appropriation  _.... _..  $    2,436,109 

Special  Fund  Appropriation  - _...._ $       249,000 

581.  Planning 

General  Fund  Appropriation  - $       227,019 

582.  Land  Development 

General  Fund  Appropriation _ „..  $        181,397 

583.  Neighborhood  Development 

General  Fund  Appropriation  _  $     3,214,884 

Special  Fund  Appropriation $        358,000 

584.  Charles  Center/Inner  Harbor  Management 

General  Fund  Appropriation  - $       960,966 

585.  Economic  Development 

General  Fund  Appropriation  $        958,858 

Special  Fund  Appropriation _.  $         80,812 


ORDINANCES  747 


JAIL  BOARD 


290.    Care  and  Custody  of  Prisoners 

General  Fund  Appropriation  $  10,925,176 

Special  Fund  Appropriation - - $        176,623 

G 100-04.    Jail  Commissary 

A  revolving  fund  is  hereby  authorized  to 
provide  for  operation  of  a  Commissary 
for  inmates  and  jail  personnel,  the  costs 
of  which  are  to  be  recovered  from  in- 
come derived  from  Commissary  sales. 

LAW,  DEPARTMENT  OF 

175.    Legal  Services 

General  Fund  Appropriation _ $    2,696,299 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  a  self- 
insurance  program  covering  automotive 
equipment,  police  animal  liability  and 
employee  liability,  the  costs  of  which  are 
to  be  recovered  from  using  agencies. 

LEGISLATIVE  REFERENCE,  DEPARTMENT  OF 

106.  Legislative  Reference  Services 

General  Fund  Appropriation -._ $        160,333 

107.  Records  Management 

General  Fund  Appropriation  $       158,659 

LIBRARY,  ENOCH  PRATT  FREE 

450.    Administrative  and  Technical  Services 

General  Fund  Appropriation _ $       930,203 

Special  Fund  Appropriation $         73,383 

452.   Extension  Services 

General  Fund  Appropriation  $     3,754,560 

Federal  Revenue  Sharing  Fund 

Appropriation    „ _ $       500,000 

Special  Fund  Appropriation $         75,351 


748  ORDINANCES  Ord.  No.  811 

453.    State  Library  Resource  Center 

General  Fund  Appropriation  _ _..  $     3,027,964 

Special  Fund  Appropriation _ _ $        864,643 

LIQUOR  LICENSE  COMMISSIONERS,  BOARD  OF 

250.    Liquor  Control 

General  Fund  Appropriation  ....... $        486,567 

MAYORALTY 

125.    Executive  Direction  and  Control 

General  Fund  Appropriation  _ „  $       661,278 

Motor  Vehicle  Fund  Appropriation $         44,000 

MAYORALTY-RELATED 

120.  Legislative  Liaison 

General  Fund  Appropriation - $         68,617 

121.  Contingent  Fund 

General  Fund  Appropriation  $       500,000 

122.  Miscellaneous  General  Expenses 

General  Fund  Appropriation _ $     5,343,000 

385.    Health  and  Welfare  Grants 

General  Fund  Appropriation  $         92,462 

446.    Educational  Grants 

General  Fund  Appropriation  $        156,531 

590.    Civic  Promotion 

General  Fund  Appropriation  $     1,790,994 

Special  Fund  Appropriation $        100,000 

128.    Labor  Relations 

General  Fund  Appropriation  „ $        139,918 

324.    Aging  and  Retirement  Education 

General  Fund  Appropriation  $     1,172,136 

Special  Fund  Appropriation $     1,386,541 

A  revolving  fund  is  hereby  authorized  to 
provide  for  food  and  operational  supplies 
of  the  Waxter  Center  Cafeteria,  the  costs 
of  which  are  to  be  recovered  from  in- 
come derived  from  the  sale  of  meals. 


ORDINANCES  749 

492.    Promotion  of  Art  and  Culture 

General  Fund  Appropriation  ..  $     1,223,269 

Special  Fund  Appropriation $  57,500 

572.    Telecommunications  Coordination 

General  Fund  Appropriation  $        319,598 

223.  Community  Justice  Self -Help 

General  Fund  Appropriation  _..  $        121,820 

Special  Fund  Appropriation ........ $        535,180 

224.  Mayor's  Coordinating  Council  on 

Criminal  Justice 

General  Fund  Appropriation —  $        185,442 

Special  Fund  Appropriation $        114,445 

620.  Comprehensive  Manpower 

General  Fund  Appropriation $         76,507 

Special  Fund  Appropriation $  55,051,005 

621.  Comprehensive  Manpower  —  Public  Service 

Employment 
Special  Fund  Appropriation $101,375,616 

622.  Special  Services 

General  Fund  Appropriation  $       527,249 

Special  Fund  Appropriation - $     4,559,693 

623.  Demonstration  Projects 

General  Fund  Appropriation $         27,244 

Special  Fund  Appropriation $    8,681,043 

MAYOR'S  ADVISORY  COMMITTEE  ON 
SMALL  BUSINESS 

575.    Liaison  with  Small  Business 

General  Fund  Appropriation $         65,478 

MINIMUM  WAGE  COMMISSION 

165.   Minimum  Wage  Enforcement 

General  Fund  Appropriation $       150,327 

MUSEUM  OF  ART 

489.    Operation  of  Museum  of  Art 

General  Fund  Appropriation  $     1,267,356 


750  ORDINANCES  Ord.  No.  811 

MUSEUM,  MUNICIPAL 

490.    Municipal  Museum 

General  Fund  Appropriation  _.... $        140,943 

OFF-STREET  PARKING  COMMISSION 

579.    Development  of  Off-Street  Parking  Facilities 

General  Fund  Appropriation  $       325,734 

PLANNING,  DEPARTMENT  OF 

187.    City  Planning 

General  Fund  Appropriation  _...._ _ $  1,199,174 

Motor  Vehicle  Fund  Appropriation $  188,899 

Special  Fund  Appropriation _.... _...._ $  403,942 

POLICE,  DEPARTMENT  OF 

200.  Administrative  Direction  and  Control 

General  Fund  Appropriation _ $    6,670,384 

201.  General  Patrol 

General  Fund  Appropriation _ $  53,560,339 

Special  Fund  Appropriation ...... $         38,947 

202.  Investigations 

General  Fund  Appropriation  - _ $    7,629,205 

203.  Traffic 

Motor  Vehicle  Fund  Appropriation _ $    4,791,668 

Special  Fund  Appropriation _ .. $        159,000 

204.  Services  Bureau 

General  Fund  Appropriation  „ $  11,097,142 

205.  Non- Actuarial  Retirement  Benefits 

General  Fund  Appropriation  _ $     9,280,636 

POST  MORTEM  EXAMINERS,  DEPARTMENT  OF 

238.    Investigation  of  Sudden  or  Violent  Death 

General  Fund  Appropriation  $       656,409 


ORDINANCES  751 

PUBLIC  WORKS,  DEPARTMENT  OF 

189.  Mobile  Equipment 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  opera- 
tion of  a  central  automotive  and  me- 
chanical repair  service,  the  costs  of 
which  are  to  be  recovered  from  using 
agencies. 

190.  Administrative  Direction  and  Control 

General  Fund  Appropriation _...._ _  $     1,268,220 

191.  Survey  Control 

General  Fund  Appropriation  _ $     1,487,984 

193.    Public  Building  Management 

General  Fund  Appropriation _ _.  $    4,921,411 

195.  Abandoned  Vehicles 

Motor  Vehicle  Fund  Appropriation $     1,243,588 

Special  Fund  Appropriation ~.  $         18,000 

196.  Special  Services 

General  Fund  Appropriation $  1,083,508 

Federal  Antirecession  Assistance  Fund 

Appropriation    $  422,693 

Motor  Vehicle  Fund  Appropriation „ $  945,903 

198.    Engineering  Administration  and  Support 

General  Fund  Appropriation $       278,433 

241.  Materials,  Weights  and  Measures  Testing 

General  Fund  Appropriation $       799,684 

242.  Public  Building  Construction  Inspection 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  con- 
tract management  and  inspection  of  mu- 
nicipal building  construction,  the  costs  of 
which  are  to  be  recovered  from  capital 
project  appropriations. 

243.  Highway,  Bridge  and  Utility  Construction 

Inspection 

An  intragovernmental  service  fund  is 
hereby  authorized  to  provide  for  con- 
tract management  and  inspection  of  mu- 


752  ORDINANCES  Ord.  No.  811 

nicipal  highway,  bridge  and  utility  con- 
struction, the  costs  of  which  are  to  be 
recovered  from  capital  project  appro- 
priations. 

500.  Street  Lighting 

Motor  Vehicle  Fund  Appropriation $     8,844,612 

501.  Public  Streets,  Bridges  and  Highways 

Motor  Vehicle  Fund  Appropriation _ $     7,905,633 

512.    Engineering  Design 

General  Fund  Appropriation  - _ $  12,937,178 

Motor  Vehicle  Fund  Appropriation $  17,342,514 

Special  Fund  Appropriation „ $        155,489 

515.  Refuse  Collection 

General  Fund  Appropriation  _ $  7,529,540 

Federal  Antirecession  Assistance  Fund 

Appropriation    _...._ _ _ $  838,907 

Motor  Vehicle  Fund  Appropriation _ $  8,332,647 

Special  Fund  Appropriation $  30,000 

516.  Refuse  Disposal 

General  Fund  Appropriation  - - $     6,126,089 

G100-753.    Pyrolysis  Plant 

A  revolving  fund  is  hereby  authorized  to 
provide  for  the  receipt  of  funds  from 
Pyrolysis  Plant  operations,  and  for  the 
distribution  thereof  to  the  City  and  State 
as  required  by  contract. 

518.    Maintenance  and  Repair  of  Storm  Water  System 

General  Fund  Appropriation  $     1,467,243 

Federal  Antirecession  Assistance  Fund 

Appropriation  _ _ $        343,875 

Motor  Vehicle  Fund  Appropriation $  15,234 

544.    Maintenance  and  Repair  of  Sanitary  System 

General  Fund  Appropriation  $     2,551,243 

546.    Water  Distribution,  Water  Meters  and 
Investigation 
General  Fund  Appropriation  _ $     6,165,906 

548.    Conduits 

General  Fund  Appropriation  $     1,128,661 


ORDINANCES  753 

550.    Waste  Water  Treatment  and  Pumping 

General  Fund  Appropriation  _ $     7,778,583 

552.    Water  Supply  Treatment  and  Pumping 

General  Fund  Appropriation  $     6,184,567 

561.    Consumer  Services 

General  Fund  Appropriation  $     2,179,086 

Motor  Vehicle  Fund  Appropriation $        254,501 

RECREATION  AND  PARKS,  DEPARTMENT  OF 

471.    Administrative  Direction  and  Control 

General  Fund  Appropriation  _ _ $     2,619,690 

473.    Municipal  Concerts  and  Other  Musical  Events 

General  Fund  Appropriation  _ . $  81,846 

478.  General  Park  Services 

General  Fund  Appropriation  _ $     8,248,417 

Federal  Revenue  Sharing  Fund 

Appropriation  $        501,970 

479.  Special  Park  Facilities 

General  Fund  Appropriation  _ _ $     4,111,198 

Special  Fund  Appropriation _ $        165,000 

480.  Regular  Recreational  Services 

General  Fund  Appropriation  - $  5,639,777 

Federal  Revenue  Sharing  Fund 

Appropriation  _ $  3,723,194 

Special  Fund  Appropriation $  230,729 

482.    Supplementary  Recreational  Services 

Special  Fund  Appropriation _ $        267,821 

A  revolving  fund  is  hereby  authorized 
to  provide  for  the  receipt  of  funds  from 
sports  franchise  charges  and  various  pri- 
vate activities  such  as  community  dances 
and  for  expenditures  thereof  for  recrea- 
tion purposes  not  supported  by  City  ap- 
propriation. 

505.    Street  Trees 

General  Fund  Appropriation  _ $       838,566 


754  ORDINANCES  Ord.  No.  811 

SHERIFF,  OFFICE  OF 

118.    Sheriff  Services 

General  Fund  Appropriation  $     1,585,543 


SOCIAL  SERVICES,  DEPARTMENT  OF 

359.    Supportive  Sendee  Agencies 

General  Fund  Appropriation  _ $  28,000 

365.    Public  Assistance 

General  Fund  Appropriation  _ $        210,000 

Special  Fund  Appropriation $152,700,478 

Provided  that  $15,000  per  month  from 
each  of  the  aforementioned  appropria- 
tions will  be  allotted  for  General  Public 
Assistance-Employable  grants. 

367.  Welfare  Clinic 

General  Fund  Appropriation  _ $  96,595 

368.  Special  Care  Projects 

General  Fund  Appropriation  $        274,457 

Special  Fund  Appropriation  „ $        823,373 

369.  Cylburn  Home 

General  Fund  Appropriation  _ $        375,748 

370.  Day  Care  for  Children 

Special  Fund  Appropriation _ $     4,877,218 

371.  Food  Stamp  Administration 

General  Fund  Appropriation  $     2,027,112 

Special  Fund  Appropriation _ _ _..  $     2,027,112 

374.    Emergency  Services 

General  Fund  Appropriation  $        155,000 

Special  Fund  Appropriation $        155,000 


STATE'S  ATTORNEY,  OFFICE  OF 

115.    Prosecution  of  Criminals 

General  Fund  Appropriation  $     2,892,962 

Special  Fund  Appropriation  » $        413,838 


ORDINANCES  755 

TRANSIT  AND  TRAFFIC,  DEPARTMENT  OF 

230.  Administrative  Direction  and  Control 

Motor  Vehicle  Fund  Appropriation $        779,073 

Special  Fund  Appropriation $  79,631 

231.  Traffic  Planning  and  Engineering 

Motor  Vehicle  Fund  Appropriation $        900,323 

Special  Fund  Appropriation $  50,000 

232.  Metered  Parking  Control 

General  Fund  Appropriation  _ $        608,581 

233.  Traffic  Signs  and  Street  Markings 

Motor  Vehicle  Fund  Appropriation $     1,199,214 

Special  Fund  Appropriation $  6,000 

234.  Construction  and  Maintenance  of  Traffic  Signals 

Motor  Vehicle  Fund  Appropriation $     2,545,959 

TREASURER,  DEPARTMENT  OF 

150.    Treasury  Management 

General  Fund  Appropriation  $     3,110,943 

URBAN  SERVICES  AGENCY 

119.    Community  Center  Administration 

General  Fund  Appropriation  _ $        777,419 

171.  Administration 

General  Fund  Appropriation  ........ $        609,897 

Special  Fund  Appropriation $     2,735,275 

172.  USA  Neighborhood  Organization 

General  Fund  Appropriation _ $        647,700 

Special  Fund  Appropriation _ _ $     2,017,026 

322.    USA  Comprehensive  Health  Services 

Special  Fund  Appropriation _...._ „..  $     1,858,827 

395.  USA  Children's  Services 

General  Fund  Appropriation  _...._ $        188,343 

Special  Fund  Appropriation $     1,531,806 

396.  USA  Family  and  Community  Services 

General  Fund  Appropriation $  75,000 

Special  Fund  Appropriation $     1,385,900 


756  ORDINANCES  Ord.  No.  811 

470.    USA  Library  Services 

Special  Fund  Appropriation  - $  46,300 

WAR  MEMORIAL  COMMISSION 

487.    Operation  of  War  Memorial  Building 

General  Fund  Appropriation  _ _ $        161,821 

ZONING  APPEALS,  DEPARTMENT  OF  MUNICIPAL  AND 

185.    Zoning,  Tax  and  Other  Appeals 

General  Fund  Appropriation  $        205,791 

B.     CAPITAL  BUDGET 

CIVIC  CENTER  COMMISSION 

Construction  Reserve 

City  General  Fund  Appropriation $        150,000 

Provided  that  the  aforegoing 
General  Fund  Appropriation  herein 
made  is  for  the  Civic  Center  Roof. 

COMMUNITY  COLLEGE  OF  BALTIMORE 

Construction  Reserve 

City  General  Fund  Appropriation $        164,000 

State  Grant  Fund  Appropriation _ $        189,000 

Private  Grant  Fund  Appropriation _ $  50,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations  herein 

made  are  for  the  following  projects: 

Harbor  Campus  Additional  Equipment 

City  General  Fund  Appropriation $  50,000 

Liberty  Campus  Radio  Station 

City  General  Fund  Appropriation $  33,000 

Private  Grant  Fund  Appropriation  $         50,000 

Liberty  Campus  HVAC  Renovation 

City  General  Fund  Appropriation $  24,000 

State  Grant  Fund  Appropriation $  56,000 

Handicapped  Modifications 

City  General  Fund  Appropriation  $  15,000 

State  Grant  Fund  Appropriation _ $  35,000 

Liberty  Campus  Roof  Replacement 

City  General  Fund  Appropriation _ $  42,000 

State  Grant  Fund  Appropriation  — $         98,000 


ORDINANCES  757 

COMPTROLLER,  DEPARTMENT  OF 

Construction  Reserve 

Mayor  and  City  Council  Real  Property 

Fund  Appropriation „ _ $  90,000 

State  Grant  Fund  Appropriation $  37,000 

Provided  that  the  aforegoing 
Capital  Improvement  Appropriations 
herein  made  are  for  the 
following  projects: 
Lafayette  Market  HVAC 
Mayor  and  City  Council  Real 

Property  Fund  Appropriation  _ $  30,000 

Northeast  Market  HVAC 
Mayor  and  City  Council  Real 

Property  Fund  Appropriation  $  35,000 

Broadway  Market  North  Shed  HVAC 
Mayor  and  City  Council  Real 

Property  Fund  Appropriation  _ $  25,000 

Middle  Branch  Barge  Removal 

State  Grant  Fund  Appropriation $         37,000 

EDUCATION,  DEPARTMENT  OF 

Construction  Reserve 

State  Grant  Fund  Appropriation _ $  15,383,000 

State  School  Construction  Loan 

Fund  Appropriation _ _...._ _ $        800,000 

Mayor  and  City  Council  Real 

Property  Fund  Appropriation _.... $        100,000 

Federal  Grant  Fund  Appropriation $        175,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

are  for  the  following  projects : 
Construction  Reserve 

City  Loan  Fund  Deappropriation $  (1,184,000) 

State  School  Construction  Loan 

Fund  Appropriation $        800,000 

Kitchen  Renovation  School  400 

Federal  Grant  Fund  Appropriation $        125,000 

Retrofitting  of  School  Buildings 

Federal  Grant  Fund  Appropriation $  50,000 


ORDINANCES  Ord.  No.  811 

Addition  of  Handicap  Facilities 
Mayor  and  City  Council  Real 
Property  Fund  Appropriation  „ $        100,000 

No.  209  Winston  Middle  School 
Renovation/Addition 

City  Loan  Fund  Appropriation _..  $        104,000 

State  Grant  Fund  Appropriation $     1,065,000 

No.  313  Murray  Trainable 
Replacement 
State  Grant  Fund  Appropriation $  89,000 

No.  315  Jackson  Trainable 
Replacement 
State  Grant  Fund  Appropriation _ $  96,000 

No.  406  Forest  Park  SHS 
Replacement 

City  Loan  Fund  Appropriation _ $        684,000 

State  Grant  Fund  Appropriation > $     8,213,000 

No.  66  Mt.  Royal  Interm 
Renovation 
State  Grant  Fund  Appropriation _ $     1,305,000 

No.  213  Govans  Elem 
Renovation/ Addition 

City  Loan  Fund  Appropriation  ...  $        123,000 

State  Grant  Fund  Appropriation $     1,240,000 

No.  408  City  College 
Renovation/Addition 

City  Loan  Fund  Appropriation  _ $  56,000 

State  Grant  Fund  Appropriation $        648,000 

No.  130  BT  Washington  JHS 
Renovation/Addition 

City  Loan  Fund  Appropriation  „...._ $        202,000 

State  Grant  Fund  Appropriation $     2,380,000 

No.  307  Claremont  Trainable 
Addition 

City  Loan  Fund  Appropriation $  15,000 

State  Grant  Fund  Appropriation _ $        147,000 

School  of  the  Performing  Arts 
Renovation 
State  Grant  Fund  Appropriation _ $        200,000 


ORDINANCES  759 

FINANCE,  DEPARTMENT  OF 

Construction  Reserve 

Mayor  and  City  Council  Real 

Property  Fund  Appropriation  $        215,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriation 

herein  made  is  for  the 

following  projects: 

Tank  Farm  Improvements _ $  50,000 

Management  Information  Services  $  90,000 

Post  Office  Improvements  „....„ $  75,000 

FIRE  DEPARTMENT 

Construction  Reserve 

City  Loan  Fund  Appropriation « $        200,000 

Mayor  and  City  Council  Real 

Property  Fund  Appropriation  $        146,000 

Federal  Grant  Fund  Appropriation „ $         36,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the 

replacement  of  Engine  Co.  No.  46. 

HOSPITALS,  DEPARTMENT  OF 

Construction  Reserve 

City  General  Fund  Appropriation $     1,627,000 

Mayor  and  City  Council  Real 

Property  Fund  Deappropriation  _ $      (106,000) 

Federal  Grant  Fund  Deappropriation $        (22,000) 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the 

following  projects: 
Construction  Reserve 

Mayor  and  City  Council  Real 

Property  Fund  Deappropriation  $      (106,000) 

Federal  Grant  Fund  Deappropriation $      (247,000) 

Relocation  Pathology  Lab 

City  General  Fund  Appropriation $        538,000 

'D'  Building  Generator 

City  General  Fund  Appropriation $         84,000 


760  ORDINANCES  Ord.  No.  811 

Master  Plan 

City  General  Fund  Appropriation _ $        180,000 

Energy  Retrofit 

City  General  Fund  Appropriation $        225,000 

Federal  Grant  Fund  Appropriation $        225,000 

Staff  Apartments  Modernization 

City  General  Fund  Appropriation - $        600,000 

HOUSING  AND  COMMUNITY  DEVELOPMENT, 
DEPARTMENT  OF 

Construction  Reserve 

City  General  Fund  Appropriation $  93,000 

City  Loan  Fund  Appropriation  _ $     4,165,000 

State  Grant  Fund  Appropriation $        151,000 

Federal  Grant  Fund  Appropriation _..  $  15,540,000 

Project  Revenue  Fund  Appropriation  $       200,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Project  26-H  Rehabilitation 

City  Loan  Fund  Appropriation $       500,000 

Retail  District 

City  Loan  Fund  Appropriation — $     2,500,000 

Neighborhood  Services  Improvement 
Program 

City  Loan  Fund  Appropriation - _ $       500,000 

Carroll  Industrial  Park 

City  Loan  Fund  Deappropriation $      (342,000) 

Federal  Grant  Fund  Appropriation _ $        157,000 

Commercial  Area  Improvements 

City  Loan  Fund  Appropriation „ $       827,000 

Industrial  Development — Land  Acquisition 
and  Working  Capital 

City  General  Fund  Appropriation _ $         93,000 

Project  Revenue  Fund  Appropriation $       200,000 

Park  Heights  Improvements  Near 
Pimlico  Race  Track 

State  Racetrack  Grant  Fund 

Appropriation    $        151,000 


ORDINANCES 


761 


Provided  that  the  Racetrack  Funds 
herein  appropriated  represent  a  State 
Grant  for  a  restricted  purpose. 

Wilmarco  Street  Extension 

City  Loan  Fund  Appropriation  _ - 

Urban  Development  Action  Grant 

Federal  Grant  Fund  Appropriation  .... 

Fort  Holabird 

Federal  Grant  Fund  Appropriation - 


JAIL  BOARD 


Construction  Reserve 


$  180,000 
$  10,000,000 
$     5,383,000 


City  General  Fund  Appropriation  _... 

State  Grant  Fund  Appropriation  

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Construction  Reserve 

City  General  Fund  Deappropriation  . 
HVAC  Renovation  —  WDC 

City  General  Fund  Appropriation  .... 

State  Grant  Fund  Appropriation „... 

Jail  Infirmary  Renovation 

City  General  Fund  Appropriation  .... 

State  Grant  Fund  Appropriation ..... 

Basement  Insulation  Pipes  and  Ventilation 

City  General  Fund  Appropriation  .... 

State  Grant  Fund  Appropriation _... 

Stone  Paneling  Replacement 

City  General  Fund  Appropriation - $ 


$ 


145,000 
195,000 


(100,000) 

50,000 
50,000 

95,000 
95,000 

50,000 
50,000 

50,000 


LIBRARY,  ENOCH  PRATT 

Construction  Reserve 

City  General  Fund  Appropriation  „ 

Provided  that  the  aforegoing 
Capital  Improvement  Appropriation 
herein  made  is  for  the  following 
projects : 

Central  Library  Cooling  Tower _ 

Automation  Equipment  _ _._ 

Construction  Reserve  Deappropriation 


— 0— 


27,000 

57,000 

(84,000) 


762  ORDINANCES  Ord.  No.  811 

MAYORALTY 

Construction  Reserve 

City  General  Fund  Appropriation  _ $         18,000 

Private  Grant  Fund  Appropriation  $       254,000 

Federal  Grant  Fund  Appropriation  _...-  $         18,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Lafayette  Square 

Private  Grant  Fund  Appropriation  $       254,000 

Disaster  Control  and  Civil  Defense 
Renovation 

City  General  Fund  Appropriation  $         18,000 

Federal  Grant  Fund  Appropriation _ $         18,000 

MUNICIPAL  MUSEUM  (PEALE) 
Construction  Reserve 

City  General  Fund  Appropriation  „ $         50,000 

Mayor  and  City  Council  Real  Property 

Fund  Appropriation  1 $       250,000 

Provided  that  the  aforegoing 
Capital  Improvement  Appropriations 
herein  made  are  for  the  following 
projects: 
Climate  Control 

Mayor  and  City  Council  Real  Property 

Fund  Appropriation  - -...  $       250,000 

Historic  Displays 

City  General  Fund  Appropriation  $         50,000 

MUSEUM  OF  ART 
Construction  Reserve 

State  Grant  Fund  Appropriation  - $    2,250,000 

Federal  Grant  Fund  Appropriation  $       300,000 

Private  Grant  Fund  Appropriation  _ $       900,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  renovation 

and  expansion  of  the  Baltimore 

Museum  of  Art. 


ORDINANCES  763 

OFF-STREET  PARKING  COMMISSION 

Construction  Reserve 

City  Loan  Fund  Appropriation $    3,691,000 

Revenue  Bond  Fund  Appropriation $    8,275,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Construction  Reserve 

City  Loan  Fund  Deappropriation $      (279,000) 

Washington  Village  Commercial 
Parking  Lot 

City  Loan  Fund  Appropriation $  50,000 

Park  Heights  Commercial  Parking  Lot 

City  Loan  Fund  Deappropriation $        (50,000) 

Upton  Commercial  Parking  Lots — Phase  I 

City  Loan  Fund  Appropriation $         50,000 

Hollins  Market  Commercial  Parking  Lot — 
Phase  II 

City  Loan  Fund  Appropriation $       200,000 

Bon  Secours  Hospital  Parking  Garage 

City  Loan  Fund  Appropriation $       500,000 

Constellation  Place  Parking  Garage 

City  Loan  Fund  Appropriation „.  $     3,220,000 

Inner  Harbor  West  Parking  Garage 

Revenue  Bond  Fund  Appropriation  $    2,775,000 

Mid-Town  Belvedere  Parking  Garage 

Revenue  Bond  Fund  Appropriation $     1,500,000 

Penn  Station  Parking  Garage 

Revenue  Bond  Fund  Appropriation $     4,000,000 

PUBLIC  WORKS,  DEPARTMENT  OF 

Construction  Reserve — Alley  and  Footway  Paving 

City  General  Fund  Appropriation  „ $       420,000 

Motor  Vehicle  Revenue  Fund 

Appropriation    _ $         50,000 

Building  and  Property  Owner  Fund 

Appropriation    „ - _ $       500,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 


764  ORDINANCES  Ord.  No.  811 

Footway  Paving  Construction  Reserve 

City  General  Fund  Appropriation $  20,000 

Building  and  Property  Owner  Fund 

Appropriation    $        200,000 

Alley  Paving  Construction  Reserve 

City  General  Fund  Appropriation _ $        200,000 

Builder  and  Property  Owner  Fund 

Appropriation  $        300,000 

Tree  Roots  Footway  Construction  Reserve 

City  General  Fund  Appropriation  $        200,000 

Motor  Vehicle  Revenue  Fund 

Appropriation    $         50,000 

Construction  Reserve  —  General  Services 

City  General  Fund  Appropriation $        225,000 

Working  Capital  Fund  Appropriation  _..  $        268,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Construction  Reserve 

Working  Capital  Fund 

Deappropriation  _ $      (182,000) 

Northeastern  Vehicle  Substation 

Working  Capital  Fund  Appropriation. $       400,000 

Court  House  Roof  and  Parapets 

City  General  Fund  Appropriation  $         50,000 

Court  House  HVAC 

City  General  Fund  Appropriation $         25,000 

Eastern  Substation  Renovation 

Working  Capital  Fund  Appropriation $         50,000 

Civil  Service  Commission  Renovation 

City  General  Fund  Appropriation  $         60,000 

Court  House  Energy  Retrofit 

City  General  Fund  Appropriation  _ $         90,000 

Construction  Reserve  —  Highways  Construction 

State  DOT  Loan  Fund  Appropriation _ $  9,575,000 

$  9,550,000 
Motor  Vehicle  Revenue  Fund 

Appropriation    „ _ $  1,380,000 

Federal  Grant  Fund  Appropriation  _ $  1,682,000 


ORDINANCES  765 

Private  Grant  Fund  Appropriation $     1,496,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Central  Avenue  (Oldtown) 

State  DOT  Loan  Fund  Appropriation $        152,000 

Highway  Safety  Improvements 

Federal  Grant  Fund  Appropriation  $        150,000 

Motor  Vehicle  Revenue  Fund 

Appropriation    _ $       200,000 

Georgetown  Road 

State  DOT  Loan  Fund  Appropriation $       571,000 

Clipper  Mill  Road  —  Falls  to  Ash 

State  DOT  Loan  Fund  Appropriation $         30,000 

Bloomingdale  Road  over  WMRR 

Private  Grant  Fund  Appropriation  $       489,000 

Biddle  Street  Extension 

State  DOT  Loan  Fund  Appropriation $  25,000 

$  0 

Poplar  Grove  Street  Bridge 

State  DOT  Loan  Fund  Appropriation $       494,000 

Clifton  Avenue  Bridge 

State  DOT  Loan  Fund  Appropriation $         73,000 

Greely  Avenue  Bridge 

Motor  Vehicle  Revenue  Fund 

Appropriation $       681,000 

Patapsco  Avenue  —  Caton  to  Potee 

State  DOT  Loan  Fund  Appropriation $       500,000 

Sexton  Street  —  Herkimer  to  B&ORR 

State  DOT  Loan  Fund  Appropriation $        157,000 

Harmon  Avenue  —  Washington  B&ORR 

State  DOT  Loan  Fund  Appropriation $        143,000 

Old  North  Point  Road  Underpass  —  B&ORR 

Private  Grant  Fund  Appropriation $     1,007,000 

Howard  Street  Bridge 

State  DOT  Loan  Fund  Appropriation $       954,000 

Windsor  Mill  Road  Feasibility  Study 

State  DOT  Loan  Fund  Appropriation $         10,000 

Pennington  Avenue  —  Ordnance  to  Curtis 

State  DOT  Loan  Fund  Appropriation $       270,000 

Federal  Grant  Fund  Appropriation  ...  $       630,000 


766  ORDINANCES  Ord.  No.  811 

Windsor  Mill  Road  —  Wetheredsville  to 
Gwynns  Falls  Parkway 

State  DOT  Loan  Fund  Appropriation $  10,000 

English  Consul  Avenue  —  Magnolia  to 
1000'  South 

State  DOT  Loan  Fund  Appropriation $       207,000 

Salt  Domes 

Motor  Vehicle  Revenue  Fund 

Appropriation     m $         90,000 

Edison  Highway  Bridge 

State  DOT  Loan  Fund  Appropriation $     1,332,000 

Maiden's  Choice  Run  Culvert 

State  DOT  Loan  Fund  Appropriation $       410,000 

Motor  Vehicle  Revenue  Fund 

Appropriation    _ - _ $       409,000 

Wicomico  Street — Hollins  Ferry  to  Ontario 

State  DOT  Loan  Fund  Appropriation $         29,000 

Federal  Grant  Fund  Appropriation _  $       269,000 

35th  Street  —  Ellerslie  to  Frisby 

State  DOT  Loan  Fund  Appropriation $        167,000 

Ontario  Street  —  Wicomico  to  Berlin 

State  DOT  Loan  Fund  Appropriation $  11,000 

Federal  Grant  Fund  Appropriation  -..  $        105,000 

Berlin  Street  —  Hollins  Ferry  to  Ontario 

State  DOT  Loan  Fund  Appropriation $  12,000 

Federal  Grant  Fund  Appropriation  _..  $        108,000 

Mapping  Program  —  Phase  III 

State  DOT  Loan  Fund  Appropriation $       240,000 

Holabird  Avenue  —  Broening  to  Dundalk 

State  DOT  Loan  Fund  Appropriation $         50,000 

Harford  Road  —  North  to  B&ORR 
Feasibility  Study 

State  DOT  Loan  Fund  Appropriation $         30,000 

Pratt  Street  —  Charles  to  Sharp 

State  DOT  Loan  Fund  Appropriation 

DEAPPROPRIATION _ $        (34,000) 

Charles  Street  —  Pratt  to  Conway 

State  DOT  Loan  Fund  Appropriation $  8,000 

Pratt  Street  —  Pier  3  to  Concord 

State  DOT  Loan  Fund  Appropriation $        994,000 

Orleans  Street  —  Gay  to  Aisquith 

State  DOT  Loan  Fund  Appropriation $        180,000 

Federal  Grant  Fund  Appropriation  -  $        420,000 


ORDINANCES  767 

Otterbein  Streets 

State  DOT  Loan  Fund  Appropriation $       638,000 

Market  Place  —  Lombard  to  Baltimore 

State  DOT  Loan  Fund  Appropriation $        590,000 

Saratoga/Greene  Streets  —  SSA 

State  DOT  Loan  Fund  Appropriation $       472,000 

Barre  Street  —  Sharp  to  Hanover 

State  DOT  Loan  Fund  Appropriation $         62,000 

Sharp  Street  —  Barre  to  Conway 

State  DOT  Loan  Fund  Appropriation $       119,000 

Sharp  Street  —  Pratt  to  Conway 

State  DOT  Loan  Fund  Appropriation $       269,000 

Hanover  Street  —  Barre  to  Hughes 

State  DOT  Loan  Fund  Appropriation $       207,000 

Perry  Street  —  Charles  to  Sharp 

State  DOT  Loan  Fund  Appropriation $        173,000 

Park  Heights  — ■  Feasibility  Study 

State  DOT  Loan  Fund  Appropriation $         20,000 

Construction  Reserve  —  Highways  Major 
Reconstruction 

State  DOT  Loan  Fund  Appropriation $     1,386,000 

Motor  Vehicle  Revenue  Fund 

Appropriation    - $     6,109,000 

Federal  Grant  Fund  Appropriation $     1,773,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Construction  —  Major  Reconstruction 
Reserve 

Motor  Vehicle  Revenue  Fund 

Appropriation    „ $    2,000,000 

Baltimore  Street/Warwick  Avenue 

State  DOT  Loan  Fund  Appropriation $        100,000 

Hamilton  Avenue  —  Frankford  to  Belair 

State  DOT  Loan  Fund  Appropriation $  5,000 

Wyman  Park  Bikeway 

State  DOT  Loan  Fund  Appropriation $         25,000 

Charles  Street  —  Henrietta  to  West 

State  DOT  Loan  Fund  Appropriation $       250,000 


768  ORDINANCES  Ord.  No.  811 

Off -System  Safety  Projects 

State  DOT  Loan  Fund  Appropriation $  10,000 

Federal  Grant  Fund  Appropriation $  23,000 

Ashburton  Street  —  Baker  to  110'  South 

State  DOT  Loan  Fund  Appropriation $         36,000 

Cold  Spring  Lane — Park  Heights  to  Wabash 

State  DOT  Loan  Fund  Appropriation $  25,000 

Patterson  Avenue — Reisterstown  to  Wabash 

State  DOT  Loan  Fund  Appropriation $         10,000 

North  Avenue  —  Madison  to  Fulton 

State  DOT  Loan  Fund  Appropriation $         50,000 

Hutchins  Avenue  —  York  to  Belvedere 

State  DOT  Loan  Fund  Appropriation $  10,000 

Major  Resurfacing  —  Various  Locations 

Motor  Vehicle  Revenue  Fund 

Appropriation    _ _ $    4,109,000 

North  Avenue  —  Howard  to  St.  Paul  and 
Barclay  to  Aisquith 

State  DOT  Loan  Fund  Appropriation $       731,000 

Federal  Grant  Fund  Appropriation  ~.  $     1,750,000 

Monument  Street/Centre  Street 

State  DOT  Loan  Fund  Appropriation  ......  $        134,000 

Construction  Reserve  —  Interstate  Highways 

State  Grant  Fund  Appropriation  $         91,000 

Federal  Grant  Fund  Appropriation  — $  40,998,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Joint  Development  —  School  No.  314 

State  Grant  Fund  Appropriation  _ $         91,000 

Federal  Grant  Fund  Appropriation  _..  $     1,029,000 

City  Boulevard  Segment  'F' 

Federal  Grant  Fund  Appropriation  _  $  19,044,000 

1-70  Interchange  with  1-70  Segment  *H' 

Federal  Grant  Fund  Appropriation  _.  $  10,000,000 

1-95  Segment  'N' 

Federal  Grant  Fund  Appropriation  $  10,925,000 

Construction  Reserve  —  Solid  Waste 

Mayor  and  City  Real  Property  Fund 

Appropriation $        200,000 

Provided  that  the  aforegoing 


ORDINANCES  769 

Capital  Improvement  Appropriation 
herein  made  is  for  landscaping  at 
the  Northwest  Transfer  Station. 

Construction  Reserve  —  Storm  Water 

City  General  Fund  Appropriation  _ $  50,000 

City  Loan  Fund  Appropriation _ $        260,000 

State  DOT  Loan  Fund  Appropriation  $     1,312,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
City  Boulevard  Storm  Drain  Outfall 

State  DOT  Loan  Fund  Appropriation $     1,312,000 

Small  Storm  Drain  Extensions 

City  General  Fund  Appropriation  $  50,000 

Erosion  Control  —  Dead  Run 

City  Loan  Fund  Appropriation _ $  30,000 

Erosion  Control  —  Stoney  Run 

City  Loan  Fund  Appropriation - $  20,000 

Erosion  Control  —  Herring  Run 

City  Loan  Fund  Appropriation $       160,000 

Erosion  Control  —  Maidens  Choice 

City  Loan  Fund  Appropriation $         50,000 

Construction  Reserve  —  Street  Lighting 

City  Loan  Fund  Appropriation $         50,000 

Motor  Vehicle  Revenue  Fund 

Appropriation    _ $       600,000 

Provided  that  the  foregoing 

Capital  Improvement  Appropriations 

herein  made  are  for  Street  Lighting 

Conversions  from  mercury  vapor 

to  sodium  vapor  fixtures  at 

various  locations. 

Construction  Reserve  —  Waste  Water 

City  General  Fund  Appropriation  _ $        100,000 

City  Loan  Fund  Appropriation — $         49,000 

State  Grant  Fund  Appropriation  _ $  96,000 

County  Grant  Fund  Appropriation  $  49,000 

Federal  Grant  Fund  Appropriation  $       581,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 


770  ORDINANCES  Ord.  No.  811 

herein  made  are  for  the  following 
projects: 

Small  Sewer  Extensions  and  Improvements 

City  General  Fund  Appropriation  $        100,000 

Sludge  Filtration  —  BRWWTP 

City  Loan  Fund  Appropriation $  49,000 

State  Grant  Fund  Appropriation  $         96,000 

County  Grant  Fund  Appropriation _ $         49,000 

Federal  Grant  Fund  Appropriation  $        581,000 

Construction  Reserve  —  Water  Supply 

City  General  Fund  Appropriation $       220,000 

City  Loan  Fund  Appropriation $     5,521,000 

County  Grant  Fund  Appropriation $        179,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Main  Cleaning  Program 

City  Loan  Fund  Appropriation „ $       250,000 

Plant  Renovations 

City  Loan  GENERAL  Fund 

Appropriation  _ $        150,000 

Clifton-Montebello  Conduit 

City  Loan  Fund  Appropriation ...... $    3,000,000 

Water  Mains  and  Appurtenances 

City  General  Fund  Appropriation  $         20,000 

City  Loan  Fund  Appropriation - $       400,000 

Mapping  Program  Phase  III 

City  Loan  Fund  Appropriation - $         90,000 

Residential  Main  Extensions 

City  General  Fund  Appropriation  $         50,000 

New  Chlorinator  Station  —  Montebello 
Phase  II 

City  Loan  Fund  Appropriation ...... $     1,500,000 

Expansion/Rehabilitation  —  Montebello 
Phase  III 
City  Loan  Fund  Appropriation $       250,000 

Hillen  Pumping  Station 

City  Loan  Fund  Appropriation -  $         31,000 

County  Grant  Fund  Appropriation $        179,000 


ORDINANCES  771 

RECREATION  AND  PARKS,  DEPARTMENT  OF 

Construction  Reserve  —  Parks 

City  General  Fund  Appropriation _.... $  50,000 

City  Loan  Fund  Appropriation _ $        800,000 

Mayor  and  City  Council  Real  Property 

Fund  Appropriation  _ $         29,000 

State  Grant  Fund  Appropriation $     4,225,000 

$     4,025,000 

Federal  Grant  Fund  Appropriation  _ $        150,000 

Private  Grant  Fund  Appropriation $       200,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects : 
Little  Lithuania  Park  Development 

State  Grant  Fund  Appropriation  — $       250,000 

Powder  Mill  Park  Development 

State  Grant  Fund  Appropriation  $       125,000 

Fort  Smallwood  Improvements 

State  Grant  Fund  Appropriation $       150,000 

Federal  Grant  Fund  Appropriation _.  $       150,000 

Hanlon  Park  Development 

State  Grant  Fund  Appropriation  $       125,000 

Baltimore  Zoo  Development 

City  Loan  Fund  Appropriation  - $       300,000 

State  Grant  Fund  Appropriation $    2,500,000 

$    2,300,000 

Private  Grant  Fund  Appropriation —  $       200,000 

Radecke  Avenue  Tennis  Courts 

State  Grant  Fund  Appropriation $         50,000 

Patterson  Park  Restrooms 

City  General  Fund  Appropriation ...  $         50,000 

Druid  Hill  Park  Development 

City  Loan  Fund  Appropriation $       500,000 

Memorial  Stadium  Phase  I 

State  Grant  Fund  Appropriation $     1,000,000 

Broening  Park  Boat  Launch 

State  Grant  Fund  Appropriation $         25,000 

Bais  Yaakov  School 

Mayor  and  City  Council  Real  Property 
Fund  Appropriation $         29,000 


772  ORDINANCES  Ord.  No.  811 

Construction  Reserve  —  Recreation 

State  Open  Space  Fund  Appropriation  $        550,000 

State  Grant  Fund  Appropriation  _ $        150,000 

Federal  Grant  Fund  Appropriation  _  $        150,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 

Playground  Lighting  and  Paving 
State  Open  Space  Fund 

Appropriations  _ $  50,000 

Park  and  Playground  Acquisition  and 
Development 

State  Grant  Fund  Appropriation  $        150,000 

Federal  Grant  Fund  Appropriation  „..  $        150,000 

Broadway  East  Recreation  Center 

State  Open  Space  Fund  Appropriation $        500,000 

TRANSIT  AND  TRAFFIC,  DEPARTMENT  OF 

Construction  Reserve 

City  General  Fund  Appropriation $       200,000 

State  DOT  Loan  Fund  Deappropriation $      (150,000) 

Motor  Vehicle  Revenue  Fund 

Appropriation    „ _ _ $        650,000 

Federal  Grant  Fund  Appropriation  - $        600,000 

Provided  that  the  aforegoing 

Capital  Improvement  Appropriations 

herein  made  are  for  the  following 

projects: 
Traffic  Control  System  Modernization 

Motor  Vehicle  Revenue  Fund 

Appropriation     $        300,000 

Federal  Grant  Fund  Appropriation $        600,000 

Traffic  Surveillance  System  for  1-83 

Motor  Vehicle  Revenue  Fund 

Appropriation    _ _ $        100,000 

Fire  Priority  Route 

State  DOT  Loan  Fund 

Deappropriation     „ $      ( 150,000) 


ORDINANCES  773 

Metered  Lots 

City  General  Fund  Appropriation  $        200,000 

Lane  Reversal  System  —  33rd  Street 
Motor  Vehicle  Revenue  Fund 

Appropriation     _ $        250,000 

Sec.  2.  And  be  it  further  ordained,  That  the  amounts  set  forth 
in  Section  1  above  designated  deappropriations  and  enclosed  in 
parentheses  shall  revert  to  the  surpluses  of  the  respective  funds 
and  be  available  for  appropriation  bj^  this  or  subsequent  ordi- 
nances. 

Sec.  3.  And  be  it  further  ordained,  That  the  amounts  set  forth 
in  Section  1  above  include  appropriations  for  the  Baltimore  City 
Sick  and  Disability  Payments  Fund,  which  fund  is  separate  and 
apart  from  any  other  salary  and  wage  amount  included  in  Sec- 
tion 1  above,  in  order  to  pay  for  employee  sickness  and  disability 
as  provided  in  the  Administrative  Manual  of  the  Board  of  Esti- 
mates. Section  "Personnel,"  Subject  "Sick  Leave"  of  said  Ad- 
ministrative Manual  is  Baltimore  City's  Sick  Leave  Authoriza- 
tion and  Authority  to  pay  employees  solely  on  account  of  sickness 
rather  than  as  salary  continuations.  It  has  always  been  the  policy 
of  the  Mayor  and  City  Council  of  Baltimore  that  payments  to 
employees  solely  on  account  of  illness  or  disability  of  such  em- 
ployees are  not  wage  continuation  payments.  Appropriations 
included  in  the  amounts  set  forth  in  Section  1  above  total  Twelve 
Million  Five  Hundred  Thousand  Dollars  ($12,500,000).  Any  part 
of  this  amount  remaining  unused  at  the  end  of  the  fiscal  year 
shall  revert  to  the  surplus  of  the  respective  funds  and  shall  be 
available  for  appropriation  by  subsequent  ordinances. 

Sec.  4.  And  be  it  further  ordained,  That  no  part  of  the  amounts 
appropriated  in  this  Ordinance  of  Estimates  shall  be  made  avail- 
able to  pay  for  costs  of  any  capital  project  not  specifically  ap- 
proved through  this  Ordinance  of  Estimates  or  without  the  prior 
consent  of  the  City  Council ;  and  provided  further  that  no  part 
of  the  amounts  appropriated  in  this  Ordinance  of  Estimates  shall 
be  made  available  to  any  agency  without  the  prior  approval  of 
the  City  Council  to  pay  for  occupancy,  by  lease  or  otherwise,  of 
any  facility  whose  costs  exceed  the  amount  provided  in  the  detail 
supporting  this  Ordinance  of  Estimates. 


774                                                ORDINANCES  Ord.  No.  811 

Sec.  5.  The  foregoing  appropriations  in  summary  consist  of: 

Operating  Capital  Total 

General    Funds    $    601,127,281  $     3,512,000    $    604,639,281 

Motor  Vehicle  Funds 55,333,768         8,789,000           64,122,768 

Federal  Revenue  Sharing/ 

Antirecession   Funds    30,602,775         30,602,775 

Other  Special  Funds 

( Operating)      426,465,705  426,465,705 

♦Other  Special  Funds  (Capital)  111,291,000         111,291,000 

City  Loan  Funds   14,736,000  14,736,000 

Total    $1,113,529,529  $138,328,000    $1,251,857,529 

♦Consisting  of: 

Federal  Grants   $      61,981,000 

State  Grants    $      22,966,000 

State  DOT  Construction  Loans  $      12,098,000 

Working  Capital $           268,000 

County  Grants $           228,000 

Private  Grants   $       3,400,000 

Mayor  and  City  Council  Real 

Property  Account $           924,000 

State  Special  Racing  Funds  . .  $           151,000 
State  School  Construction 

Loans $           800,000 

Revenue  Bonds   $        8,275,000 

Project  Revenue   $          200,000 

Approved  by  the  Board  of  Estimates  May  17,  1978. 


President 

WILLIAM  DONALD  SCHAEFER, 

Mayor 

HYMAN  AARON  PRESSMAN 
Comptroller 

FRANCIS  W.  KUCHTA, 

Director  of  Public  Wo-rks 

BENJAMIN  L.  BROWN, 

City  Solicitor 

BOARD  OF  ESTIMATES 
Approved  June  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  775 

No.   812 
(Council  No.  1807) 

An  Ordinance  to  levy  and  collect  a  tax  for  the  use  of  the 
Mayor  and  City  Council  of  Baltimore  for  the  period  of 
July  1,  1978  through  June  30,  1979. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  for  the  period  July  1,  1978  through  June 
30,  1979  a  tax  of  $5.97  be  and  the  same  is  hereby  levied  and 
imposed  on  every  One  Hundred  Dollars  ($100.00)  of  as- 
sessed or  assessable  value  of  property  in  the  City  of  Balti- 
more (excepting  such  property  as  may  by  provision  of  law 
be  exempted  from  this  rate) ,  for  the  use  of  the  Mayor  and 
City  Council  of  Baltimore,  and  said  tax  shall  be  collected 
and  paid  in  the  manner  prescribed  by  law. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  June  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  813 
(Council  No.  1125) 

An  Ordinance  to  repeal  and  reordain  with  amendments  the 
first  whereas  clause  and  Section  1  of  Ordinance  442, 
approved  July  25, 1977,  entitled  "An  Ordinance  providing 
for  a  supplementary  special  fund  appropriation  in  the 
amount  of  One  Million  Two  Hundred  Thousand  Dollars 
($1,200,000)  to  the  Department  of  the  Comptroller  to  be 
used  for  renovating  the  Hollins  Market  in  accordance 
with  the  provisions  of  Article  VI,  Section  2(h)  (2)  of  the 
Baltimore  City  Charter  (1964  Revision).",  to  correct 
a  technical  error  in  the  language. 


776  ORDINANCES  Ord.  No.  813 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  first  Whereas  clause  and  Section  1 
of  Ordinance  422,  approved  July  25,  1977,  entitled  "An 
Ordinance  providing  for  a  supplementary  special  fund  ap- 
propriation in  the  amount  of  One  Million  Two  Hundred 
Thousand  Dollars  ($1,200,000)  to  the  Department  of  the 
Comptroller  to  be  used  for  renovating  the  Hollins  Market  in 
accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (2)  of  the  Baltimore  City  Charter  (1964  Revision).", 
be  repealed  and  reordained  with  amendments  to  read  as 
follows : 

"Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  [1976-19771  1977-1978  Ordinance  of  Estimates;  and 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Bal- 
timore City,  the  sum  of  One  Million  Two  Hundred  Thou- 
sand Dollars  ($1,200,000)  shall  be  made  available  to  the 
Department  of  the  Comptroller  of  the  City  of  Baltimore  as  a 
supplementary  special  fund  appropriation  for  the  fiscal  year 
ending  June  30  [1977]  1978  for  the  purpose  of  renovating 
the  Hollins  Market.  The  amount  thus  made  available  as  a 
supplementary  special  fund  appropriation  shall  be  expended 
from  a  grant  of  funds  to  the  Mayor  and  City  Council  of 
Baltimore  by  the  U.  S.  Department  of  Commerce  under 
Title  I  of  the  Local  Public  Works  Employment  Act  of  1976, 
said  sum  being  made  available  to  the  Mayor  and  City  Coun- 
cil of  Baltimore  for  the  aforesaid  purpose;  and  said  funds 
from  said  U.  S.  Department  of  Commerce  shall  be  the  source 
of  revenue  for  this  supplementary  special  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2(h)  (2)  of  the  1964 
revised  Charter  of  Baltimore  City." 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  777 

No.  814 
(Council  No.  1471) 

An  Ordinance  to  repeal  and  reordain  with  amendments 
Section  83A(j)  100  (J)  of  Article  15  of  the  Baltimore  City 
Code  (4&6G  1976  Edition),  title  "Licenses",  subtitle 
"Selling  In  Streets",  as  ordaine4  fey  Ordinanco  5&Qy  ap- 
proved  May  4y  1974,  a»4  amended  by  Ordinance  491,  ap- 
proved August  16,  1977,  to  increase  the  annual  renewal 
license  fee  for  food  peddlers  from  Fifty  Dollars  ($50.00) 
to  Two  Hundred  Fifty  Dollars  ($250.00). 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Section  83A(j)  100 (J)  of  Article  15  of 
the  Baltimore  City  Code  (4&SS  1976  Edition),  title  "Li- 
censes", subtitle  "Selling  in  Streets",  as  ordainod  fey  Ordi- 
nanco £&Qy  approvod  May  ^  1974»  an4  amended  by  Ordi- 
nance 491,  approved  August  16,  1977,  be  and  it  is  hereby 
repealed  and  reordained  with  amendments  to  read  as 
follows : 

SSAr  100. 

(j)  All  licenses  shall  expire  on  December  31  of  each 
year,  but  a  license  may  be  renewed  if  the  license  has  not 
been  revoked  or  suspended,  by  payment  of  an  annual  renewal 
license  fee  of  [Fifty  Dollars  ($50.00)]  Two  Hundred  Fifty 
Dollars  ($250.00)  by  food  peddlers,  and  an  annual  renewal 
license  fee  of  Fifty  Dollars  ($50.00)  by  all  other  hucksters, 
hawkers  and  peddlers  during  the  month  of  December  and 
prior  to  the  expiration  of  the  license.  The  license  shall  auto- 
matically be  revoked  if  the  licensee  fails  to  pay  the  renewal 
fee  prior  to  the  expiration  of  the  license. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


778  ORDINANCES  Ord.  No.  815 

No.  815 
(Council  No.  1472) 

An  Ordinance  authorizing  the  acquisition  by  purchase  or 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more of  the  permanent  aerial  easement  or  such  other 
interests  as  the  Director  of  The  Department  of  Public 
Works  may  deem  necessary  or  sufficient,  in  and  to  certain 
pieces  or  parcels  of  land  situate  in  Baltimore  City,  for 
public  highway  purposes,  namely  for  the  opening,  widen- 
ing, grading,  construction  and  maintenance  of  Orleans 
Street  Viaduct,  extending  from  Hillen  Street,  North  88°- 
01/-20"  East  39.5  feet,  more  or  less,  and  authorizing  the 
acquisition  by  purchase  or  condemnation  of  any  property, 
rights,  interests,  easements  and/or  franchises  necessary 
in  the  opening,  widening,  grading,  construction  and 
maintenance  of  said  Orleans  Street  Viaduct ;  and  author- 
izing the  making  of  all  necessary  agreements  concerning 
said  Orleans  Street  Viaduct;  and  authorizing  the  con- 
struction of  said  Orleans  Street  Viaduct;  the  location 
and  course  of  said  Orleans  Street  Viaduct  being  shown 
on  plat  thereof  numbered  117-A-16  prepared  by  the 
Surveys  and  Records  Division  and  filed  in  the  Office  of 
the  Director  of  the  Department  of  Public  Works  on  the 
Twolth  TWELFTH  (12th)  day  of  July,  1977. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  necessary  to  acquire  by  purchase  or 
condemnation  for  public  highway  purposes,  namely,  for  the 
opening,  widening,  grading,  construction  and  maintenance 
of  Orleans  Street  Viaduct,  extending  from  Hillen  Street, 
North  88°-01'-20"  East  39.5  feet,  more  or  less,  the  permanent 
aerial  easement  or  such  other  interests  as  the  Director  of 
The  Department  of  Public  Works  may  deem  necessary,  in 
and  to  the  pieces  or  parcels  of  land,  situate  in  Baltimore 
City,  including  the  improvements  thereon,  bounded  as 
follows: 

Beginning  for  the  same  at  a  point  on  the  southeast  side 
of  Hillen  Street,  as  now  laid  out  66  feet  wide,  distant  South 
47°-00'-40"  West  120.25  feet  measured  along  the  southeast 
side  of  said  Hillen  Street  from  the  southwest  side  of  High 


ORDINANCES  779 

Street,  as  now  laid  out  49.5  feet  wide,  said  point  of  begin- 
ning also  being  the  point  formed  by  the  intersection  of  the 
southeast  side  of  said  Hillen  Street  and  the  south  side  of 
Orleans  Street  Viaduct,  as  now  laid  out  70  feet  wide,  and 
at  a  horizontal  plane  having  an  elevation  of  47.45  feet  and 
extending  to  an  elevation  of  unlimited  height  and  running 
thence  binding  on  the  south  side  of  said  Orleans  Street 
Viaduct,  North  88°-01'-20"  East  39  feet,  more  or  less,  to 
intersect  the  first  line  of  the  parcel  of  land  conveyed  by 
Harry  I.  D.  Levey  to  Joseph  Schnitzer  by  deed  dated  October 
14, 1932  and  recorded  among  the  Land  Records  of  Baltimore 
City  in  Liber  S.C.L.  No.  5329,  Folio  227; 
thence  binding  on  part  of  the  first  line  of  the  parcel  of  land 
described  in  said  deed  to  the  end  thereof  and  on  part  of 
the  second  line  of  the  parcel  of  land  described  in  said 
deed  the  two  following  courses  and  distances;  namely, 
Southeasterly  0.7  feet,  more  or  less,  and  Southwesterly  0.8 
feet,  more  or  less,  to  intersect  a  line  drawn  parallel  with 
and  distant  1.00  feet  southerly,  measured  at  right  angles 
from  the  south  side  of  said  Orleans  Street  Viaduct; 
thence  binding  on  said  line  so  drawn  and  for  a  new  line 
of  division  through  the  properties  known  as  Nos.  819/823 
Hillen  Street,  South  88°-01'-20"  West  40  feet,  more 
or  less,  to  the  southeast  side  of  said  Hillen  Street  and 
thence  binding  on  the  southeast  side  of  said  Hillen  Street, 
North  47°-00'-40"  East  1.5  feet,  more  or  less,  to  the  place 
of  beginning. 

All  courses,  distances  and  elevations  in  the  above  de- 
scription are  referred  to  the  True  Meridian  and  Mean  Low 
Tide  as  adopted  by  the  Baltimore  Survey  Control  System. 

Including  all  property,  rights,  interests,  easements  and/or 
franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  Orleans  Street  Viaduct, 
the  location  and  course  of  said  Orleans  Street  Viaduct  be- 
ing shown  on  plat  thereof  numbered  117-A-16,  prepared 
by  the  Surveys  and  Records  Division  and  filed  in  the  office 
of  The  Director  of  The  Department  of  Public  Works  on 
the  Twelfth  (12th)  day  of  July,  1977. 

Any  mention  or  reference  to  any  streets,  roads,  avenues, 
highways  or  alleys  in  this  Ordinance  or  on  the  plat  referred 
to  herein  are  for  the  purpose  of  description  only,  and  shall 


780  ORDINANCES  Ord.  No.  815 

not  be  held  or  taken  to  be  any  evidence  whatever  that  said 
streets,  roads,  avenues,  highways,  alleys  or  any  of  them, 
are  public,  dedicated  or  private  thoroughfares. 

Sec.  2.  And  be  it  further  ordained,  That  the  Director  of 
The  Department  of  Public  Works  or  the  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  hereafter 
from  time  to  time  designate,  is  or  are  hereby  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of 
Baltimore,  and  for  the  purposes  described  in  this  Ordinance, 
the  permanent  aerial  easement  or  such  other  interests  as 
the  said  Director  may  deem  necessary  or  sufficient,  in  and 
to  said  pieces  or  parcels  of  land  and  improvements  there- 
upon, including  all  property,  rights,  interests,  easements 
and/or  franchises  necessary  in  the  opening,  widening,  grad- 
ing, construction  and  maintenance  of  said  Orleans  Street 
Viaduct.  If  the  said  Director  of  the  Department  of  Public 
Works,  or  person  or  persons  the  Board  of  Estimates  of 
Baltimore  City  may  designate  are  unable  to  agree  with  the 
owner  or  owners  on  the  purchase  price  of  any  of  the  said 
pieces  or  parcels  of  land  and  improvements  thereupon  or 
for  any  of  the  said  properties,  rights,  interests,  easements 
and/or  franchises,  they  shall  forthwith  notify  the  City 
Solicitor  of  Baltimore  City  who  shall  thereupon  institute 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore 
the  necessary  legal  proceedings  to  acquire  by  condemnation 
the  permanent  aerial  easement  or  such  other  rights,  inter- 
ests, easements  and/or  franchises  as  the  said  Director  may 
deem  necessary  or  sufficient  for  the  purposes  of  said  Orleans 
Street  Viaduct  Project. 

Sec.  3.  And  be  it  further  ordained,  That  the  proceedings 
for  the  acquisition  by  condemnation  of  the  property  and 
rights  herein  described  and  the  rights  of  all  parties  inter- 
ested or  affected  thereby  shall  be  regulated  by  and  be  in 
accordance  with  the  provisions  of  The  Real  Property  Article 
of  the  Annotated  Code  of  Maryland  (1974),  Title  12,  Section 
101  Et  Seq.  and  any  and  all  amendments  thereto. 

Sec.  4.  And  be  it  further  ordained,  That  the  said  Director 
of  The  Department  of  Public  Works  or  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  designate 
are  also  hereby  authorized  to  negotiate  for  and  to  enter 


ORDINANCES  781 

into  in  the  name  of  the  Mayor  and  City  Council  of  Balti- 
more, any  and  all  necessary  agreements  with  the  federal 
and  state  Governments,  or  any  of  their  agencies,  and  any 
other  persons,  firms  or  corporations,  in  aid  of,  in  further- 
ance of,  or  in  connection  with  said  Orleans  Street  Viaduct 
Project;  all  such  acquisitions  and  agreements  to  be  subject 
to  the  approval  of  the  Board  of  Estimates. 

Sec.  5.  And  be  it  further  ordained,  That  after  the  neces- 
sary agreements  have  been  made  and  the  necessary  prop- 
erties, lands,  rights,  easements  and/or  franchises  have  been 
acquired  as  hereinbefore  provided,  the  Director  of  The 
Department  of  Public  Works  of  Baltimore  City  is  hereby 
authorized  and  directed  to  construct  or  cause  to  be  con- 
structed the  said  Orleans  Street  Viaduct  Project,  all  in 
accordance  with  detailed  plans  hereafter  to  be  prepared 
therefore  and  after  said  plans  have  been  approved  by  the 
said  Director  of  the  Department  of  Public  Works. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  816 
(Council  No.  1583) 

An  Ordinance  authorizing  the  acquisition  by  purchase  or 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more of  the  fee  simple  interests  or  such  other  interests 
as  the  Director  of  The  Department  of  Public  Works  may 
deem  necessary  or  sufficient,  in  and  to  certain  pieces  or 
parcels  of  land  situate  in  Baltimore  City,  for  public 
highway  purposes,  namely  for  the  opening,  widening, 
grading,  construction  and  maintenance  of  Ostend  Street, 
extending  from  Wicomico  Street,  Southeasterly,  511  feet, 
more  or  less,  to  Scott  Street  and  authorizing  the  acqui- 
sition by  purchase  or  condemnation  of  any  property, 


782  ORDINANCES  Ord.  No.  816 

rights,  interests,  easements  and/or  franchises  necessary 
in  the  opening,  widening,  grading,  construction  and 
maintenance  of  said  Ostend  Street;  and  authorizing  the 
making  of  all  necessary  agreements  concerning  said 
Ostend  Street;  and  authorizing  the  construction  of  said 
Ostend  Street;  the  location  and  course  of  said  Ostend 
Street  being  shown  on  a  plat  thereof  numbered  334-A-19 
prepared  by  the  Surveys  and  Records  Division  and  filed 
in  the  Office  of  the  Director  of  The  Department  of  Public 
Works  on  the  Twenty-Ninth  (29th)  day  of  March,  1978. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  necessary  to  acquire  by  purchase 
or  condemnation  for  public  highway  purposes,  namely,  for 
the  opening,  widening,  grading,  construction  and  mainte- 
nance of  Ostend  Street,  extending  from  Wicomico  Street, 
Southeasterly,  511  feet,  more  or  less,  to  Scott  Street;  the 
fee  simple  interests  or  such  other  interests  as  the  Director 
of  The  Department  of  Public  Works  may  deem  necessary, 
in  and  to  the  pieces  or  parcels  of  land,  situate  in  Baltimore 
City,  including  the  improvements  thereon,  bounded  as 
follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  west  side  of  Scott  Street,  as  now  laid  out  66 
feet  wide  and  the  northeast  side  of  Ostend  Street,  as  now 
laid  out  40  feet  wide  and  running  thence  binding  on  the 
northeast  side  of  said  Ostend  Street,  North  48°-04'-20" 
West  244  feet,  more  or  less,  to  intersect  the  northeast  side 
of  Ostend  Street,  as  realigned  and  widened  as  shown  on 
Plat  No.  325-A-27  filed  in  the  Surveys  and  Records  Division 
of  the  Department  of  Public  Works ;  thence  binding  on  the 
northeast  side  of  last  said  Ostend  Street  the  two  following 
courses  and  distances;  namely,  by  a  line  curving  to  the 
right  with  a  radius  of  2263.83  feet  the  distance  of  106.16 
feet  which  arc  is  subtended  by  a  chord  bearing,  North 
46°-43'-43.5"  West  106.15  feet  and  North  45°-23'-07"  West 
138.49  feet  to  intersect  the  southeast  side  of  Wicomico 
Street,  as  now  laid  out  66  feet  wide ; 

thence  binding  on  the  southeast  side  of  said  Wicomico 
Street,  Southwesterly  128  feet,  more  or  less,  to  intersect 
the  southwest  side  of  a  10  foot  alley,  laid  out  in  the  rear 
of  the  properties  known  as  No.  875  through  and  including 


ORDINANCES  783 

No.  801  W.  Ostend  Street;  thence  binding  in  part  on  the 
southwest  side  of  said  alley,  in  part  on  the  line  of  the  south- 
west side  of  said  alley,  if  projected  southeasterly,  and  in 
all,  Southeasterly  501  feet,  more  or  less,  to  the  end  of  the 
sixth  line  of  the  parcel  of  land  conveyed  by  Revere  Copper 
and  Brass,  Incorporated  to  Edward  L.  Striegel  by  deed 
dated  September  25,  1973  and  recorded  among  the  Land 
Records  of  Baltimore  City  in  Liber  R.H.B.  No.  3065,  Folio 
496;  thence  binding  reversely  on  part  of  the  sixth  line  of 
the  parcel  of  land  described  in  said  deed,  Northeasterly  59 
feet,  more  or  less,  to  intersect  the  line  of  the  northeast  face 
of  a  pilaster  of  the  one  story  brick  building  situate  on  the 
property  known  as  No.  779/81  W.  Ostend  Street,  if  pro- 
jected northwesterly;  thence  binding  in  part  reversely  on 
said  line  so  projected,  in  part  on  the  northeast  face  of  said 
pilaster,  and  in  all,  South  47°-49'-10"  East  2.5  feet,  more 
or  less,  to  the  east  corner  of  said  pilaster ; 
thence  binding  on  the  southeast  face  of  said  pilaster,  South 
42°-10/-50"  West  0.35  foot  to  the  northeast  face  of  said  one 
story  brick  building;  thence  binding  on  the  northeast  face 
of  said  one  story  brick  building,  South  47°-49'-10"  East 
24.82  feet ;  thence  binding  on  a  line  drawn  at  a  right  angle 
to  the  northeast  face  of  said  one  story  brick  building, 
North  42°-10'-50"  East  2.35  feet  to  intersect  the  southwest 
side  of  Ostend  Street,  as  proposed  to  be  realigned  and  wid- 
ened on  the  southwest  side  thereof  from  its  former  width 
of  40  feet  to  a  width  of  58  feet;  thence  binding  on  the 
southwest  side  of  last  said  Ostend  Street,  South  48°-04'-20" 
East  23  feet,  more  or  less,  to  intersect  a  line  drawn  South 
02°-08'-40"  East  from  the  point  of  beginning  and  thence 
binding  reversely  on  said  line  so  drawn,  North  02°-08'-40" 
West  81  feet,  more  or  less,  to  the  place  of  beginning. 

Including  all  property,  rights,  interests,  easements  and/ 
or  franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  Ostend  Street,  the 
location  and  course  of  said  Ostend  Street  being  shown  on  a 
plat  thereof  numbered  334-A-19  prepared  by  the  Surveys 
and  Records  Division  and  filed  in  the  office  of  The  Director 
of  The  Department  of  Public  Works  on  the  Twenty-Ninth 
(29th)  day  of  March,  1978. 

Any  mention  or  reference  to  any  streets,  roads,  avenues, 
highways  or  alleys  in  this  ordinance  or  on  the  plat  referred 


784  ORDINANCES  Ord.  No.  816 

to  herein  are  for  the  purpose  of  description  only,  and  shall 
not  be  held  or  taken  to  be  any  evidence  whatever  that  said 
streets,  roads,  avenues,  highways,  alleys  or  any  of  them, 
are  public,  dedicated  or  private  thoroughfares. 

Sec.  2.  And  be  it  further  ordained,  That  the  Director  of 
The  Department  of  Public  Works  or  the  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  hereafter 
from  time  to  time  designate,  is  or  are  hereby  authorized  to 
acquire  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more, and  for  the  purposes  described  in  this  ordinance,  the 
fee  simple  interests  or  such  other  interests  as  the  said 
Director  may  deem  necessary  or  sufficient,  in  and  to  said 
pieces  or  parcels  of  land  and  improvements  thereupon, 
including  all  property,  rights,  interests,  easements  and/or 
franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  Ostend  Street.  If  the 
said  Director  of  The  Department  of  Public  Works,  or  person 
or  persons  the  Board  of  Estimates  of  Baltimore  City  may 
designate  are  unable  to  agree  with  the  owner  or  owners  on 
the  purchase  price  of  any  of  the  said  pieces  or  parcels  of 
land  and  improvements  thereupon  or  for  any  of  the  said 
properties,  rights,  interests,  easements  and/or  franchises, 
they  shall  forthwith  notify  the  City  Solicitor  of  Baltimore 
City  who  shall  thereupon  institute  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore  the  necessary  legal 
proceedings  to  acquire  by  condemnation  the  fee  simple  in- 
terests or  such  other  rights,  interests,  easements  and/or 
franchises  as  the  said  Director  may  deem  necessary  or 
sufficient  for  the  purposes  of  said  Ostend  Street  Project. 

Sec.  3.  And  be  it  further  ordained,  That  the  proceedings 
for  the  acquisition  by  condemnation  of  the  property  and 
rights  herein  described  and  the  rights  of  all  parties  inter- 
ested or  affected  thereby  shall  be  regulated  by  and  be  in 
accordance  with  the  provisions  of  The  Real  Property 
Article  of  the  Annotated  Code  of  Maryland  (1974),  Title 
12,  Section  101  Et  Seq.  and  any  and  all  amendments  thereto. 

Sec.  4.  And  be  it  further  ordained,  That  the  said  Di- 
rector of  The  Department  of  Public  Works  or  person  or 
persons  the  Board  of  Estimates  of  Baltimore  City  may 
designate  are  also  hereby  authorized  to  negotiate  for  and  to 


ORDINANCES  785 

enter  into  in  the  name  of  the  Mayor  and  City  Council  of 
Baltimore,  any  and  all  necessary  agreements  with  the  Fed- 
eral and  State  Governments,  or  any  of  their  agencies,  and 
any  other  persons,  firms  or  corporations,  in  aid  of,  in 
furtherance  of,  or  in  connection  with  said  Ostend  Street 
Project;  all  such  acquisitions  and  agreements  to  be  subject 
to  the  approval  of  the  Board  of  Estimates. 

Sec.  5.  And  be  it  further  ordained,  That  after  the  neces- 
sary agreements  have  been  made  and  the  necessary  proper- 
ties, lands,  rights,  easements  and/or  franchises  have  been 
acquired  as  hereinbefore  provided,  the  Director  of  The 
Department  of  Public  Works  of  Baltimore  City  is  hereby 
authorized  and  directed  to  construct  or  cause  to  be  con- 
structed the  said  Ostend  Street  Project,  all  in  accordance 
with  detailed  plans  hereafter  to  be  prepared  therefore  and 
after  said  plans  have  been  approved  by  the  said  Director 
of  The  Department  of  Public  Works. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  817 
(Council  No.  1585) 

An  Ordinance  approving  the  Urban  Renewal  Plan  for  the 
area  situate  in  Baltimore  City,  Maryland,  known  as  the 
North  Avenue  Transit  Station  Urban  Renewal  Area, 
bounded  generally  by  Fulton  Avenue  and  Carey  Street  on 
the  west,  North  Avenue  and  Cumberland  Street  on  the 
south,  Woodbrook  Avenue  and  Francis  Street  on  the 
east,  and  Clifton  Avenue  on  the  north;  revising  the 
boundary  description  to  correct  certain  technical  errors; 
adding,  deleting  and/or  revising  the  objectives  to  be  met 
in  implementing  the  Plan;  authorizing  the  acquisition  by 
purchase  or  by  condemnation,  for  urban  renewal  pur- 


786  ORDINANCES  Ord.  No.  817 

poses,  of  the  fee  simple  interest  or  any  lesser  interest  in 
and  to  certain  properties  within  the  North  Avenue  Tran- 
sit Station  Urban  Renewal  Area;  providing  that  in 
selling  land  in  the  Area,  the  Department  of  Housing  and 
Community  Development  shall  require  that  developers 
agree  in  writing  not  to  discriminate  in  the  sale,  lease,  use 
or  occupancy  of  the  property  developed  by  them  against 
any  person  because  of  national  origin,  race,  religion,  sex 
or  color;  providing  that  the  approval  of  said  Renewal 
Plan  is  not  an  enactment  of  any  of  the  amendments  to 
the  Zoning  Ordinance  proposed  therein;  waiving  such 
requirements,  if  any,  as  to  content  or  procedure  for  the 
preparation,  adoption  and  approval  of  renewal  plans  as 
set  forth  in  Ordinance  #152  approved  June  28,  1968,  as 
amended  to  date,  which  the  Renewal  Plan  for  the  North 
Avenue  Transit  Station  Urban  Renewal  Area  may  not 
meet;  providing  for  the  separability  of  the  various  parts 
and  applications  of  this  ordinance;  providing  that  where 
the  provisions  of  this  ordinance  shall  conflict  with  any 
other  ordinance,  code  or  regulation,  the  provision  which 
establishes  the  higher  standard  shall  prevail;  and  pro- 
viding for  the  effective  date  hereof. 

WHEREAS,  the  area  known  as  "North  Avenue  Transit 
Station",  bounded  generally  by  Fulton  Avenue  and  Carey 
Street  on  the  west,  North  Avenue  and  Cumberland  Street 
on  the  south,  Woodbrook  Avenue  and  Francis  Street  on  the 
east,  and  Clifton  Avenue  on  the  north,  was  designated  a 
"Renewal  Area"  by  Ordinance  No.  383,  approved  June  28, 
1977;  and 

WHEREAS,  under  Ordinance  No.  152  approved  June  28, 
1968,  as  amended  to  date,  the  Department  of  Housing  and 
Community  Development  is  authorized  to  prepare  and  ad- 
minister renewal  plans  in  renewal  areas;  and 

WHEREAS,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  Renewal  Plan  for  the  North 
Avenue  Transit  Station  area,  consisting  of  a  cover  page,  a 
table  of  contents,  15  pages  of  text,  and  four  exhibits;  and 

WHEREAS,  the  Renewal  Plan  for  the  North  Avenue 
Transit  Station  area  was  approved  by  the  Director  of  the 
Department  of  Planning  on  March  29,  1978  with  respect 


ORDINANCES  787 

to  its  conformity  as  to  the  Master  Plan,  the  detailed  loca- 
tion of  any  public  improvements  proposed  in  the  Renewal 
Plan,  its  conformity  to  the  rules  and  regulations  for  sub- 
divisions, and  all  zoning  changes  proposed  in  the  Renewal 
Plan;  and  the  Renewal  Plan  was  approved  and  recommended 
to  the  Mayor  and  City  Council  of  Baltimore  by  the  Com- 
missioner of  the  Department  of  Housing  and  Community 
Development  on  April  5,  1978;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  boundary  description  of  the  North 
Avenue  Transit  Station  Urban  Renewal  Area  shall  be  re- 
vised to  correct  certain  technical  errors;  therefore,  Section 
2  of  Ordinance  No.  383,  approved  June  28,  1977,  is  hereby 
amended  to  read  as  follows: 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  southwestern  right-of-way  line  of  Pennsyl- 
vania Avenue,  and  the  center  line  of  North  Avenue,  thence 
running  in  a  southeasterly  direction,  and  binding  on  the 
southwestern  right-of-way  line  of  said  Pennsylvania  Ave- 
nue, crossing  Cumberland  Street,  to  a  point  of  intersection 
with  the  southeastern  boundary  of  [Lots  22  through  28,] 
Lot  22/2J+,  Block  297;  thence  running  in  a  southwesterly 
direction,  binding  on  the  southeastern  boundary  of  [said 
Lots  22]  Lots  22 /2U  through  28,  to  a  point  of  intersection 
with  the  southwestern  boundary  of  Lot  [22]  28 ,  Block  297 ; 

thence  running  in  a  northwesterly  direction,  on  the  south- 
western boundary  of  said  Lot  [22]  28,  to  a  point  of  inter- 
section with  the  northwestern  right-of-way  line  of  Cumber- 
land Street;  thence  running  in  a  southwesterly  direction, 
binding  on  the  northwestern  right-of-way  line  of  Cumber- 
land Street,  crossing  Carey  Street,  to  a  point  of  intersection 
with  the  southwestern  boundary  of  Lot  55,  Block  293; 

thence  running  in  a  northwesterly  direction  binding  on  the 
southwestern  boundary  of  said  Lot  55  to  the  point  of  inter- 
section with  the  northwestern  boundary  of  said  Lot  55; 
thence  running  in  a  northeasterly  direction,  binding  on  the 
northwestern  boundary  of  said  Lot  55,  to  a  point  of  inter- 
section with  an  extended  straight  line  of  the  northeastern 
right-of-way  of  a  3'9"  alley;  thence  running  in  a  north- 
westerly direction,  binding  on  the  northeastern  right-of-way 


788  ORDINANCES  Ord.  No.  817 

line  of  said  3'9"  alley,  crossing  Allegheny  Place,  [and  con- 
tinuing] and  binding  on  the  northeastern  right-of-iuay  line 
of  the  first  10'  alley;  thence  naming  northwesterly,  north- 
easterly, and  northwesterly ,  binding  on  the  northeastern 
boundary  of  said  10'  alley  to  a  point  of  intersection  with  the 
northwestern  right-of-way  line  of  Westwood  Avenue; 

thence  running  in  a  southwesterly  direction,  binding  on  the 
north  western  right-of-way  line  of  Westwood  Avenue,  to  a 
point  of  intersection  with  the  northeastern  right-of-way  line 
of  North  Woodyear  Street;  thence  running  in  a  north- 
westerly and  northerly  direction,  binding  on  the  north- 
eastern and  eastern  right-of-way  line  of  North  Woodyear 
Street,  crossing  a  10'  alley  and  North  Avenue,  to  a  point  of 
intersection  with  the  western  right-of-way  line  of  Retreat 
Street;  thence  continuing  in  a  [northerly]  northeasterly 
direction,  binding  on  the  western  right-of-way  line  of 
Retreat  Street,  to  an  intersection  with  the  line  forming  the 
northeastern  boundary  of  Lots  1  through  6,  Block  3400; 

thence  running  in  a  northwesterly  direction,  binding  on  the 
northeastern  boundary  of  said  Lots  1  through  6,  to  a  point 
of  intersection  with  the  eastern  right-of-way  line  of  the 
first  10'  alley;  thence  running  in  a  southerly  direction  bind- 
ing on  the  eastern  right-of-way  line  of  said  W  10'  alley,  to  a 
point  of  intersection  with  the  southern  right-of-way  line  of 
said  10'  alley  [crossing  a  20'  alley];  thence  running  in  a 
westerly  direction  binding  on  the  southern  right-of-way  line 
of  said  10'  alley,  to  a  point  of  intersection  with  an  extended 
straight  line  of  the  western  right-of-way  line  of  the  second 
10'  alley; 

thence  running  in  a  northerly,  westerly  and  northerly  direc- 
tion, binding  on  the  western  right-of-way  line  of  said  10' 
alley  which  forms  the  eastern  boundary  of  Lots  40  through 
58,  Block  3400,  to  a  point  of  intersection  with  the  southern 
right-of-way  line  of  [said]  the  next  10'  alley;  thence  run- 
ning in  a  westerly  direction  binding  on  the  southern  right-of- 
way  line  of  said  10'  alley,  to  a  point  of  intersection  with  an 
extended  straight  line  of  the  [western  right-of-way  of  the 
next  10'  alley]  northwest-em  right-of-way  of  a  9'  alley; 
thence  running  in  a  northeasterly  [and]  direction  binding 
on  the  northwestern  boundary  of  said  9'  alley,  to  a  point  of 
intersection   with   the   western   boundary  of  a   10'  alley; 


ORDINANCES  789 

thence  running  in  a  northerly  direction,  binding  on  the 
western  right-of-way  line  of  said  10'  alley,  to  a  point  of 
intersection  with  the  southern  right-of-way  line  of  Clifton 
Avenue; 

thence  running  in  [a]  an  easterly  and  northeasterly  direc- 
tion, binding  on  the  southern  right-of-way  line  of  said  Clif- 
ton Avenue  crossing  Pennsylvania  Avenue  and  Woodbrook 
Avenue  to  a  point  of  intersection  with  the  northeastern 
right-of-way  line  of  said  Woodbrook  Avenue;  thence  run- 
ning in  a  southeasterly  direction,  binding  on  the  northeast- 
ern right-of-way  line  of  said  Woodbrook  Avenue,  to  a  point 
of  intersection  with  the  northwestern  right-of-way  line  of 
the  first  10'  alley;  thence  running  in  a  northeasterly  direc- 
tion, binding  on  the  northwestern  right-of-way  line  of  said 
10'  alley,  to  a  point  of  intersection  with  an  extended  straight 
line  of  the  northeastern  right-of-way  line  of  the  first  5' 
alley;  thence  running  in  a  southeasterly  direction,  binding 
on  the  northeastern  right-of-way  line  of  said  5'  alley,  cross- 
ing Kensett  Street,  to  a  point  of  intersection  with  the  north- 
western boundary  of  Lot  70,  Block  3408;  thence  running 
in  a  northeasterly  direction,  binding  on  the  northwestern 
boundary  of  said  Lot  70,  to  a  point  of  intersection  with  the 
northeastern  boundary  of  said  Lot  70;  thence  running  in  a 
southeasterly  direction  binding  on  the  northeastern  bound- 
ary of  said  Lot  70,  to  a  point  of  intersection  with  the  south- 
eastern boundary  of  the  said  Lot  70;  thence  running  in  a 
southwesterly  direction,  binding  on  the  southeastern  bound- 
ary of  said  Lot  70,  to  a  point  of  intersection  with  the  north- 
eastern right-of-way  line  of  the  first  5'  alley; 

thence  running  in  a  [southerly]  southeasterly  direction, 
binding  on  the  northeastern  right-of-way  line  of  said  5' 
alley,  to  a  point  of  intersection  with  a  THE  northwestern 
right-of-way  line  of  the  first  8'  alley;  thence  running  in  a 
northeasterly  direction,  binding  on  the  northwestern  right- 
of-way  line  of  said  8'  alley  to  a  point  of  intersection  with  the 
southwestern  right-of-way  line  of  Salem  Street ;  thence  run- 
ning in  a  southeasterly  direction,  binding  on  the  southwest- 
ern right-of-way  line  of  said  Salem  Street,  to  a  point  of  inter- 
section with  the  northwestern  right-of-way  line  of  Retreat 
Street;  thence  running  in  a  northeasterly  direction,  binding 
on  the  northwestern  right-of-way  line  of  Retreat  Street 
crossing  Salem  Street  and  Francis  Street,  to  a  point  of 


790  ORDINANCES  Ord.  No.  817 

intersection  with  the  northeastern  right-of-way  line  of  said 
Francis  Street;  thence  running  in  a  southeasterly  direc- 
tion, binding  on  the  northeastern  right-of-way  line  of 
Francis  Street,  to  a  point  of  intersection  with  an  extended 
straight  line  of  the  northwestern  boundary  of  Lot  26,  Block 
3407; 

thence  running  in  a  southwesterly  direction,  crossing 
Francis  Street  and  binding  on  said  extended  straight  line 
and  continuing  on  the  northwestern  right-of-way  line  of 
the  first  10'  alley  for  a  total  of  320'  to  a  point  of  intersection 
with  the  southwestern  right-of-tvay  line  of  the  next  10' 
alley;  thence  running  in  a  southeasterly  direction,  binding 
on  the  southwestern  right-of-way  of  said  10'  alley,  to  a 
point  of  intersection  with  the  southeastern  right-of-way  line 
of  said  10'  alley; 

thence  running  in  a  northeasterly  direction  binding  on  the 
southeastern  right-of-way  line  of  said  10'  alley,  to  a  point 
of  intersection  with  the  southwestern  right-of-way  of 
Etting  Street;  thence  running  in  a  southeasterly  direction 
binding  on  the  southwestern  right-of-way  line  of  Etting 
Street  crossing  Whitelock  Street,  to  a  point  of  intersection 
with  the  southeastern  right-of-way  line  of  said  Whitelock 
Street;  thence  running  in  a  northeasterly  direction,  binding 
on  the  southeastern  right-of-way  line  of  Whitelock  ifstreet] 
Street,  to  a  point  of  intersection  with  the  northeastern 
right-of-way  line  of  the  first  15'  alley;  thence  running  in  a 
southeasterly  direction,  binding  on  the  northeastern  right- 
of-way  of  said  15'  alley,  extending  across  a  20'  alley  to  a 
point  of  intersection  with  the  southern  right-of-way  line  of 
said  20'  alley;  thence  running  in  a  westerly  direction,  bind- 
ing on  the  southern  right-of-way  line  of  said  20'  alley,  to  a 
point  of  intersection  with  the  western  boundary  of  Lot  23, 
Block  3414;  thence  running  in  a  southerly  direction,  binding 
on  the  western  boundary  of  said  Lot  23,  to  a  point  of  inter- 
section with  the  center  line  of  North  Avenue;  thence  run- 
ning in  a  westerly  direction,  binding  on  the  center  line  of 
North  Avenue,  crossing  Division  Street  and  Woodbrook 
Avenue  to  the  point  of  beginning;  as  outlined  on  the  map 
filed  in  the  Department  of  Legislative  Reference,  entitled 
"North  Avenue  Transit  Station  Urban  Renewal  Area", 
dated  February  24,  1977,  is  hereby  designated  as  a  "Re- 
newal Area." 


ORDINANCES  791 

SEC.  2.  And  be  it  further  ordained,  That  it  has  become 
necessary  to  revise  and/or  delete  certain  Plan  objectives 
established  by  Ordinance  No.  383,  approved  June  28,  1977, 
and  to  add  certain  other  objectives  to  be  met  during-  imple- 
mentation of  the  Plan;  therefore,  Section  4  of  Ordinance 
No.  383  shall  be  revised  to  read  as  follows: 

a.  the  correction  of  existing  blighting  influences  and 
the  protection  of  existing,  stable  residential  and  non-resi- 
dential development  in  the  North  Avenue  Transit  Station 
Area  from  future  blighting  influences; 

b.  the  encouragement  of  active,  pedestrian-oriented  uses 
that  have  low  parking  requirements  in  the  North  Avenue 
Transit  Station  Area,  and,  in  particular,  the  encouragement 
of  pedestrian-oriented  uses  which  are  directed  towards 
patrons  of  the  rapid  transit  line; 

c.  the  resolution  of  current  and  projected  transportation 
deficiencies  in  the  North  Avenue  Transit  Station  Area,  in- 
cluding, but  not  limited  to,  adequate  transit  station  park- 
ing, street  capacity,  and  safe  pedestrian  movement; 

i[d.  the  encouragement  of  new  development,  and  espe- 
cially private  development,  which  takes  advantage  of  the 
opportunities  afforded  by  the  construction  of  the  North 
Avenue  Transit  Station  of  the  Section  A  rapid  transit  line, 
and  which  is  compatible  with  the  communities  adjacent  to 
the  transit  station;] 

d.  the  provision  of  a  basis  for  an  application  to  the 
Federal  Urban  Mass  Transit  Administration  for  financial 
assistance  in  the  implementation  of  a  joint  development/ 
value  capture  project  in  which  the  added  value  for  new  de- 
velopment and  revitalization  which  results  from  the  devel- 
opment of  planned  public  transit  facilities  is  secured  for 
the  benefit  of  the  revitalization  of  the  community  within  the 
context  of  a  comprehensive  plan; 

e.  the  formulation  of  standards  which  shall  be  applied 
to  public  improvements  and  current  and  future  develop- 
ments within  the  North  Avenue  Transit  Station  Area  to 
enhance  the  aesthetics  and  quality  of  life  in  the  communi- 
ties adjacent  to  the  transit  station; 


792  ORDINANCES  Ord.  No.  817 

/.  the  acquisition  of  certain  properties  within  the  proj- 
ect area  in  conjunction  with  the  value  capture  project; 

g.  the  provision  of  improved  neighborhood  shopping  fa- 
cilities  both  through  new  construction  and  through  re- 
habilitation; 

h.  the  provision  of  housing  resources  for  low  and  mod- 
erate income  persons,  families  and  elderly  through  new 
construction  and  rehabilitation; 

i.  the  provision  of  public  facilities  such  as  street  and 
utility  improvements,  recreation  and  park  areas,  plazas, 
public  walkways,  and  street  and  walkway  furniture. 

Sec.  3.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire,  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser  in- 
terest in  and  to  certain  properties  or  portions  thereof,  to- 
gether with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both  abut- 
ting the  whole  area  described  and/or  contained  within  the 
perimeter  of  said  area,  situate  in  Baltimore  City,  Mary- 
land, and  described  as  follows: 

1506-12  W.   North  Avenue 

Rear  75  feet,  more  or  less,  2501  Pennsylvania  Avenue 
2509-17  Pennsylvania  Avenue 

Sec.  4.  And  be  it  further  ordained.  That  it  may  be  neces- 
sary to  acquire,  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser 
interest  in  and  to  such  of  the  remaining  properties  or  por- 
tions thereof,  together  with  all  right,  title,  interest,  and 
estate  that  the  owner  or  owners  of  said  property  interests 
may  have  in  all  streets,  ALLEYS,  ways  or  lanes,  public  or 
private,  both  abutting  the  whole  area  described  and/or  con- 
tained within  the  perimeter  of  said  area  in  North  Avenue 
Transit  Station  Area  not  specifically  designated  for  acquisi- 
tion in  Section  3  of  this  ordinance,  as  may  be  deemed  neces- 
sary and  proper  by  the  Commissioner  of  the  Department  of 
Housing  and  Community  Development  to  effect  the  proper 
implementation  of  the  project.  These  properties  may  include: 


ORDINANCES  793 

(a)  any  property  in  the  project  area  containing  a  non- 
salvable  structure,  i.e.  a  structure  which  in  the  opinion  of 
the  Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  cannot  be  economically  rehabilitated; 

(b)  any  property  the  owner  of  which  is  unable  or  un- 
willing to  comply  or  conform  to  the  codes  and  ordinances 
of  Baltimore  City  within  12  months  from  the  date  of  writ- 
ten notice  of  the  required  improvements,  the  Department 
of  Housing  and  Community  Development,  after  due  consid- 
eration that  the  property  owner  has  failed  to  achieve  sub- 
stantial conformity  with  the  codes  and  ordinances  of  Balti- 
more City  may  acquire  such  property  pursuant  to  the 
Eminent  Domain  Law  of  this  State  as  if  the  property  had 
originally  been  planned  for  acquisition  after  90  days  written 
notice  to  the  owner.  The  Department  of  Housing  and  Com- 
munity Development  reserves  the  right  to  acquire  any  such 
non-complying  property  for  a  period  of  two  (2)  years  from 
the  date  of  said  written  90  days  notice  by  the  Department 
of  Housing  and  Community  Development. 

Sec.  5.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser 
interest  in  and  to  such  of  the  remaining  properties  or  por- 
tions thereof,  together  with  all  right,  title,  interest,  and 
estate  that  the  owner  or  owners  of  said  property  interests 
may  have  in  all  streets,  alleys,  ways  or  lanes,  public  or 
private,  abutting  said  properties  in  the  North  Avenue  Tran- 
sit Station  Area  not  designated  for  acquisition,  in  addition 
to  those  properties  enumerated  in  Sections  3  and  4  of  this 
ordinance,  in  order  to  carry  out  rehabilitation  by  the  De- 
partment of  Housing  and  Community  Development  because: 

(a)  it  is  necessary  to  make  residential  structures  avail- 
able for  use  for  low-  and  moderate-income  families;  or 

(b)  rehabilitation  on  a  structure-by-structure  basis  is 
infeasible,  and  assemblage  of  a  group  of  properties  is  re- 
quired to  carry  out  the  objectives  set  forth  in  the  Plan;  or 

(c)  rehabilitation  of  individual,  scattered  properties  is 
necessary  in  order  to  remove  blighting  influences  from 
otherwise  sound  residential  blocks. 


794  ORDINANCES  Ord.  No.  817 

Sec.  6.  And  be  it  further  ordained,  That  upon  acquisi- 
tion of  the  properties  mentioned  in  Sections  4  and  5  of  this 
ordinance,  the  Department  of  Housing  and  Community  De- 
velopment will  either: 

(a)  demolish  the  structure  or  structures  thereon  and 
dispose  of  the  land  for  redevelopment  for  uses  in  accordance 
with  the  Plan ;  or 

(b)  sell  or  lease  the  property  subject  to  rehabilitation 
in  conformance  with  the  codes  and  ordinances  of  Baltimore 
City;  or 

(c)  rehabilitate  the  property  in  conformance  with  the 
codes  and  ordinances  of  Baltimore  City  and  dispose  of  the 
property  in  accordance  with  the  applicable  regulations.  If 
sale  cannot  be  consummated  by  the  time  rehabilitation  is 
accomplished,  the  property  may  be  rented  pending  continu- 
ing sale  efforts. 

Sec.  7.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Bal- 
timore and  for  the  purposes  described  in  this  ordinance,  the 
fee  simple  interest  or  any  lesser  interest  in  and  to  the 
properties  or  portions  thereof  hereinabove  mentioned.  If 
the  Real  Estate  Acquisition  Division  of  the  Department  of 
the  Comptroller,  or  such  person  or  persons  and  in  such 
manner  as  the  Board  of  Estimates,  in  the  exercise  of  the 
power  vested  in  it  by  Article  V,  Section  5,  of  the  Baltimore 
City  Charter,  may  hereafter  from  time  to  time  designate,  is 
or  are  unable  to  agree  with  the  owner  or  owners  on  the 
purchase  price  for  said  properties  or  portions  thereof,  it 
or  they  shall  forthwith  notify  the  City  Solicitor  of  Balti- 
more City,  who  shall  thereupon  institute  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore  the  necessary  legal 
proceedings  to  acquire  by  condemnation  the  fee  simple 
interest  or  any  lesser  interest  in  and  to  said  properties  or 
portions  thereof. 


ORDINANCES  795 

Sec.  8.  And  be  it  further  ordained,  That  in  selling  or 
otherwise  disposing  of  property  in  the  North  Avenue  Tran- 
sit Station  Area,  the  Department  of  Housing  and  Commu- 
nity Development  shall  require  that  the  developers  agree  in 
writing  not  to  discriminate  in  the  sale,  lease,  use  or  occu- 
pancy of  the  property  developed  by  them  against  any  per- 
son because  of  national  origin,  race,  religion,  sex  or  color. 

Sec.  9.  And  be  it  further  ordained,  That  the  approval 
of  the  Renewal  Plan  for  the  North  Avenue  Transit  Area 
shall  not  be  construed  as  an  enactment  of  such  amendments 
to  the  Zoning  Ordinance  as  are  proposed  in  the  Renewal 
Plan. 

Sec.  10.  And  be  it  further  ordamed,  That  in  whatever 
respect,  if  any,  the  Renewal  Plan  approved  hereby  for  the 
North  Avenue  Transit  Station  Area  may  not  meet  the  re- 
quirements as  to  the  content  of  a  Renewal  Plan  or  the 
procedure  for  the  preparation,  adoption,  and  approval  of 
renewal  plans  as  provided  in  Ordinance  No.  152,  approved 
June  28,  1968,  as  amended  to  date,  the  said  requirements 
are  hereby  waived  and  the  Renewal  Plan  approved  hereby 
is  exempted  therefrom. 

Sec.  11.  And  be  it  further  ordained,  That  in  the  event 
it  be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance, 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  applica- 
tion thereof  so  held  invalid. 

Sec.  12.  And  be  it  further  ordamed,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 


796  ORDINANCES  Ord.  No.  818 

that  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  stand- 
ard for  the  promotion  and  protection  of  the  public  health 
and  safety  shall  prevail.  In  any  case  where  a  provision  of 
this  ordinance  is  found  to  be  in  conflict  with  an  existing 
provision  of  any  other  ordinance  or  code  or  regulation  in 
force  in  the  City  of  Baltimore  which  establishes  a  lower 
standard  for  the  promotion  and  protection  of  the  public 
health  and  safety,  the  provision  of  this  ordinance  shall  pre- 
vail, and  the  other  existing  provision  of  such  other  ordi- 
nance or  code  or  regulation  is  hereby  repealed  to  the  extent 
that  it  may  be  found  in  conflict  with  this  ordinance. 

Sec.  13.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  818 

(Council  No.  1674) 

An  Ordinance  to  amend  the  Renewal  Plan  for  Washington 
Hill-Chapel,  which  Plan  was  originally  approved  by  Or- 
dinance No.  40,  dated  April  26,  1972,  to,  among  other 
things,  (1)  expand  the  boundaries  of  Washington  Hill- 
Chapel  to  include  a  portion  oi  the  block  bounded  by 
Orleans,  E.  Fayette,  N.  Castle,  and  N.  Washington 
Streets  AS  WELL  AS  THE  EAST  SIDE  OF  THE  200 
BLOCK  OF  N.  CASTLE  STREET;  (2)  acquire  certain 
properties  within  this  block  for  urban  renewal  purposes, 
by  purchase  or  by  condemnation;  (3)  provide  standards 
and  controls  governing  the  residential  reuse  of  these 
acquired  properties;  (4)  revise  the  language  pertaining 
to  duration  of  provisions  and  requirements  of  said  Plan ; 
(5)  revise  certain  exhibits  attached  to  said  Plan  to  indi- 
cate the  changes  provided  herein;  (6)  waive  such  require- 
ments, if  any,  as  to  content  or  procedure  for  the  prepara- 
tion, adoption,  and  approval  of  renewal  plans  as  set  forth 
in  Ordinance  No.  152,  dated  June  28,  1968,  as  amended 


ORDINANCES  797 

to  date;  (7)  provide  for  the  separability  of  the  various 
parts  and  applications  of  this  ordinance;  (8)  provide 
that  where  the  provisions  of  this  ordinance  shall  conflict 
with  any  other  ordinance,  code  or  regulation,  the  pro- 
visions which  establish  the  higher  standard  shall  prevail ; 
and  (9)  provide  for  the  effective  date  hereof. 

Whereas,  the  Renewal  Plan  for  Washington  Hill-Chapel 
was  approved  by  the  Mayor  and  City  Council  of  Baltimore 
by  Ordinance  No.  40,  dated  April  26,  1972,  and  last  amended 
by  Ordinance  No.  354,  dated  June  27,  1977 ;  and 

Whereas,  pursuant  to  Section  26,  Article  13,  of  the 
Baltimore  City  Code  (1966  Edition),  as  amended  by  Ordi- 
nance No.  152,  approved  June  28,  1968,  no  substantial 
change  or  changes  shall  be  made  in  any  renewal  plan  after 
approval  by  ordinance,  without  such  change  or  changes 
first  being  adopted  and  approved  in  the  same  manner  as 
set  forth  in  said  Section  26  for  the  approval  of  a  renewal 
plan,  namely  the  preparation  of  such  change  or  changes 
by  the  Department  of  Housing  and  Community  Develop- 
ment, the  approval  of  such  change  or  changes  by  the  Di- 
rector of  the  Department  of  Planning,  and  approval  and 
adoption  by  an  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore  after  public  hearing  in  relation  thereto,  all 
in  the  manner  set  forth  in  said  Section  26;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  list  of  changes  to  the  Renewal 
Plan  for  Washington  Hill-Chapel,  known  as  "Amendment 
No.  7  to  the  Urban  Renewal  Plan  for  Washington  Hill- 
Chapel",  dated  "May  8,  1978  AND  REVISED  JUNE  13, 
1978";  and 

Whereas,  the  amended  renewal  plan  for  Washington 
Hill-Chapel  has  been  approved  by  the  Director  of  the  De- 
partment of  Planning  on  May  10,  1978,  with  respect  to  its 
conformity  as  to  the  Master  Plan;  the  detailed  location  of 
any  public  improvements  proposed  in  the  amended  renewal 
plan;  its  conformity  to  the  rules  and  regulations  for  sub- 
divisions; and  all  zoning  changes  proposed  in  the  amended 
renewal  plan;  and  the  amended  renewal  plan  for  Wash- 
ington Hill-Chapel  has  been  approved  and  recommended 
to  the  Mayor  and  City  Council  of  Baltimore  by  the  Com- 


798  ORDINANCES  Ord.  No.  818 

missioner  of  the  Department  of  Housing  and  Community 
Development  on  May  11,  1978,  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendment  and  changes 
to  the  Renewal  Plan  for  Washington  Hill-Chapel,  having 
been  duly  reviewed  and  considered,  are  hereby  approved 
and  the  Clerk  of  the  City  Council  is  hereby  directed  to 
file  a  copy  of  said  Renewal  Plan,  revised  to  include  Amend- 
ment No.  7,  dated  May  8,  1978  AND  REVISED  JUNE  13, 
1978,  with  the  Department  of  Legislative  Reference  as  a 
permanent  public  record  and  to  make  the  same  available 
for  public  inspection  and  information. 

1.  In  the  Table  of  Contents,  page  ii,  section  entitled 
"Exhibits"  delete  the  date  after  the  five  map  exhibits  and 
insert  in  lieu  thereof  ii£/g/?g^  "6/13/78". 

2.  In  Part  A.  Description  of  Area,  section  1.  entitled 
"Boundary  Description",  page  2,  lineS  23  AND  24, 
DELETE  'WASHINGTON'  AND  INSERT  'CASTLE'  IN 
LIEU  THEREOF  AND  add  the  following  between  "street;" 
and  "thence"  : 

"thonco  binding  e»  the  east  side  of  North  Washington 
Street  southorly  to  intorsoct  the  southern  property  fee 
of  Buroau  of  Survoys  Block  1685,  Lot  Nor  45/22*  thonce 
binding  e»  sa44  southern  property  liee  easterly  a»4  south- 
ed to  intersoct  the  west  side  of  North  Castlo  Stroot; 
thenco  binding  o»  the  west  side  of  North  Castlo  Stroot 
southorly  to  intorsoct  the  north  si4e  of  East  Fayette 
Stroot;  thonce  binding  en-  the  north  side  of  East  Fayette 
Stroet  westorly  to  intorsoct  the  east  side  of  North  Wash- 
ington Stroot;" 

THENCE  BINDING  ON  THE  EAST  SIDE  OF  NORTH 
CASTLE  STREET  SOUTHERLY  TO  INTERSECT  THE 
NORTHERN  PROPERTY  LINE  OF  BUREAU  OF  SUR- 
VEYS BLOCK  1686,  LOT  57;  THENCE  BINDING  ON 
SAID  NORTHERN  PROPERTY  LINE  EASTERLY  TO 
INTERSECT  THE  WEST  SIDE  OF  A  10'  ALLEY; 
THENCE  BINDING  ON  THE  WEST  SIDE  OF  SAID  10' 
ALLEY  SOUTHERLY  TO  THE  NORTHERN  PROPERTY 
LINE  OF  BUREAU  OF  SURVEYS  BLOCK  1685,  LOT  43; 
THENCE  BINDING  ON  SAID  NORTHERN  PROPERTY 


ORDINANCES  799 

LINE  WESTERLY  TO  INTERSECT  THE  EAST  SIDE 
OF  NORTH  CASTLE  STREET;  THENCE  BINDING  ON 
THE  EAST  SIDE  OF  NORTH  CASTLE  STREET  SOUTH- 
ERLY TO  INTERSECT  THE  NORTH  SIDE  OF  EAST 
FAYETTE  STREET;  THENCE  BINDING  ON  THE 
NORTH  SIDE  OF  EAST  FAYETTE  STREET  WEST- 
ERLY TO  INTERSECT  THE  EAST  SIDE  OF  NORTH 
WASHINGTON  STREET 

3.  In  Part  B.  Land  Use  Plan,  section  La.  entitled  "High 
Intensity  Residential",  page  5,  add  the  following  after  the 
words  "the  uses  will  be  permitted:"  in  the  third  paragraph: 

"commercial  facilities  customarily  accessory  to  elevator 
apartments;" 

4.  In  Part  B.  Land  Use  Plan,  section  2. a.  (3)  entitled 
"Residential  Disposition  Lots",  add  the  following  new  sub- 
section at  the  end  of  this  section  on  page  10 : 

"(c)     Disposition  Lot  36 

i.  The  principal  use  shall  be  Residential,  limited 
to  elevator  apartments  for  the  elderly;  however,  row 
houses  and  walk  up  apartments  are  also  permitted.  Com- 
mercial uses  customarily  accessory  to  elevator  apartments 
are  also  permitted,  provided  that  such  uses  shall  be  con- 
ducted entirely  within  the  structure  and  are  limited  to  the 
first  floor  and  basement  of  the  building. 

ii.  Maximum  percentage  of  building  coverage 
shall  be  50%. 

iii.  Maximum  heights  of  the  main  structure  shall 
be  one  hundred  and  fifty  feet  (150') ." 

5.  In  Part  D.  Duration  of  Provisions  and  Requirements, 
page  18,  delete  sentence  under  this  part  and  insert  in  lieu 
thereof: 

"The  Washington  Hill-Chapel  Plan,  as  it  may  be  amended 
from  time  to  time,  shall  remain  in  full  force  and  effect  for 
a  period  of  not  less  than  40  years  following  the  date  of 
original  adoption  of  this  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore." 

6.  Delete  Exhibits  1  through  5  from  the  Plan  and  insert 
in  lieu  thereof  revised  Exhibits  1  through  5,  dated  5/8/78» 
6/13/78. 


800  ORDINANCES  Ord.  No.  818 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary  to 
expand  the  boundary  of  Washing-ton  Hill-Chapel  to  include 
a  portion  of  the  block  bounded  by  Orleans,  N.  Castle,  E. 
Fayette,  and  N.  Washing-ton  Street  AS  WELL  AS  THE 
EAST  SIDE  OF  200  BLOCK  OF  N.  CASTLE  STREET; 
therefore,  the  boundary  description  contained  in  Ordinance 
No.  40,  approved  April  26,  1972,  is  hereby  amended  to  read 
as  follows: 

Beginning  for  the  same  at  the  intersection  of  the  south 
side  of  Gough  Street,  and  the  west  side  of  Central  Avenue ; 
thence  binding  on  the  west  side  of  Central  Avenue,  north- 
erly to  intersect  an  extended  line,  formed  by  the  northern 
property  line  of  Bureau  of  Surveys  Block  1322/26/27,  Lot 
No.  1;  thence  running  on  said  extended  line  in  a  north- 
easterly direction  to  intersect  the  eastern  property  line  of 
said  Lot  No.  1 ;  thence  binding  on  the  eastern  property  line 
of  Lot  No.  1  in  a  southerly  direction  to  intersect  the  north 
side  of  East  Fayette  Street;  thence  binding  on  the  north 
side  of  East  Fayette  Street  northeasterly  to  intersect  the 
western  property  line  of  Bureau  of  Surveys  Block  No. 
1322/26/27,  Lot  No.  3;  thence  binding  in  a  northerly  di- 
rection on  the  western  property  line  of  Lot  No.  3  to  inter- 
sect the  northern  property  line  of  Lot  No.  3;  thence  bind- 
ing on  the  northern  property  line  of  Lot  No.  3  and  Lot 
No.  4  of  said  block,  northeasterly  to  intersect  the  western 
property  line  of  Lot  No.  5  on  said  block;  thence  binding 
on  the  western  property  line  of  Lot  No.  5  northerly  to 
intersect  the  northern  property  line  of  Lot  No.  5;  thence 
binding*  on  the  northern  property  line  of  Lot  No.  5  in  a 
general  easterly  direction,  to  intersect  the  west  side  of 
North  Caroline  Street;  thence  binding  on  the  west  side  of 
North  Caroline  Street  northerly  to  an  extended  line,  formed 
by  the  southern  property  line  of  Bureau  of  Surveys  Block 
1318;  thence  binding"  on  said  extended  line  southeasterly 
to  intersect  the  north  side  of  East  Fayette  Street;  thence 
binding  on  the  north  side  of  East  Fayette  Street  north- 
easterly to  intersect  the  western  property  line  of  Bureau  of 
Surveys  Block  No.  1319,  Lot  No.  1/7;  thence  binding  in  a 
northerly  direction  to  intersect  the  south  side  of  Mullikin 
Street;  thence  binding  on  the  south  side  of  Mullikin  Street 
westerly  to  intersect  the  west  side  of  Iron  Alley;  thence 
binding  northerly  on  the  west  side  of  Iron  Alley  to  intersect 


ORDINANCES  801 

the  south  side  of  Orleans  Street;  thence  binding-  on  the 
south  side  of  Orleans  Street,  easterly  to  intersect  the  east 
side  of  Broadway;  thence  binding  on  the  east  side  of 
Broadway  southerly  to  intersect  the  north  side  of  East 
Fayette  Street;  thence  binding  on  the  north  side  of  East 
Fayette  Street  easterly  to  intersect  the  west  side  of  North 
Wolfe  Street;  thence  binding  on  the  west  side  of  North 
Wolfe  Street  northerly  to  intersect  the  centerline  of  Or- 
leans Street;  thence  binding  on  the  centerline  of  Orleans 
Street  easterly  to  intersect  the  centerline  of  North  Wolfe 
Street;  thence  binding  on  the  centerline  of  North  Wolfe 
Street  northerly  to  intersect  the  north  side  of  Orleans 
Street;  thence  binding  on  the  north  side  of  Orleans  Street 
easterly  to  intersect  the  east  side  of  North  [Washington] 
CASTLE  Street; 

thence  binding  on  the  etb&t  side  of  North  Washington  Street 
southerly  to  intersect  the  southern  property  line  of  Bureau 
of  Surveys  Block  1685  >  hoi  Nor  IS/ 22+  thence  binding  on 
s&id  southern  property  line  easterly  and  southerly  to  inter- 
seet  the  west  side  of  North  Cc.stle  Street;  thence  binding  on 
the  west  side  of  North  Castle  Street  southerly  to  intersect 
ike  north  side  of  East  FcyettG  Street;  thence  binding  on  the 
north  side  of  East  Fayette  Street  ivesterly  to  intersect  the 

THENCE  BINDING  ON  THE  EAST  SIDE  OF  NORTH 
CASTLE  STREET  SOUTHERLY  TO  INTERSECT  THE 
NORTHERN  PROPERTY  LINE  OF  BUREAU  OF  SUR- 
VEYS BLOCK  1686,  LOT  57;  THENCE  BINDING  ON 
SAID  NORTHERN  PROPERTY  LINE  EASTERLY  TO 
INTERSECT  THE  WEST  SIDE  OF  A  10'  ALLEY; 
THENCE  BINDING  ON  THE  WEST  SIDE  OF  SAID  10' 
ALLEY  SOUTHERLY  TO  THE  NORTHERN  PROPERTY 
LINE  OF  BUREAU  OF  SURVEYS  BLOCK  1685,  LOT  U3; 
THENCE  BINDING  ON  SAID  NORTHERN  PROPERTY 
LINE  WESTERLY  TO  INTERSECT  THE  EAST  SIDE 
OF  NORTH  CASTLE  STREET;  THENCE  BINDING  ON 
THE  EAST  SIDE  OF  NORTH  CASTLE  STREET  SOUTH- 
ERLY TO  INTERSECT  THE  NORTH  SIDE  OF  EAST 
FAYETTE  STREET;  THENCE  BINDING  ON  THE 
NORTH  SIDE  OF  EAST  FAYETTE  STREET  WEST- 
ERLY TO  INTERSECT  THE  EAST  SIDE  OF  NORTH 
WASHINGTON  STREET; 


802  ORDINANCES  Ord.  No.  818 

thence  binding  on  the  east  side  of  North  Washington  Street 
southerly  to  intersect  the  south  side  of  East  Lombard 
Street;  thence  binding  on  the  south  side  of  East  Lombard 
Street  westerly  to  intersect  the  east  side  of  Broadway; 
thence  binding  on  the  east  side  of  Broadway  southerly  to 
intersect  the  south  side  of  Pratt  Street;  thence  binding 
westerly  on  the  south  side  of  Pratt  Street  to  intersect  the 
west  side  of  Bethel  Street ;  thence  binding  on  the  west  side 
of  Bethel  Street  northerly  to  intersect  the  south  side  of 
Lombard  Street;  thence  binding  on  the  south  side  of  Lom- 
bard Street  westerly  to  intersect  the  west  side  of  Spring 
Street;  thence  binding  on  the  west  side  of  Spring  Street 
southerly  to  intersect  the  south  side  of  Pratt  Street ;  thence 
binding  westerly  on  the  south  side  of  Pratt  Street  to  inter- 
sect the  east  side  of  Eden  Street ;  thence  binding  on  the  east 
side  of  said  Eden  Street  southerly  to  intersect  the  south 
side  of  Gough  Street;  thence  binding  on  the  south  side  of 
Gough  Street  westerly  to  the  point  of  beginning. 

Sec.  3.  And  be  it  farther  ordained,  That  it  is  necessary  to 
acquire  by  purchase  or  by  condemnation,  for  urban  renewal 
purposes,  the  fee  simple  interest  or  any  lesser  interest  in 
and  to  certain  properties  or  portions  thereof  together  with 
all  right,  title,  interest,  and  estate  that  the  owner  or  owners 
of  said  property  interests  may  have  in  all  streets,  alleys, 
ways  or  lanes,  public  or  private,  both  abutting  the  whole 
area  described  and/or  contained  within  the  perimeter  of 
said  area,  situate  in  Baltimore  City,  Maryland,  and  de- 
scribed as  follows: 

204  N.  Castle  Street 

206  N.  Castle  Street 

208  N.  Castle  Street 

210  N.  Castle  Street 

212  N.  Castle  Street 

214  N.  Castle  Street 

216  N.  Castle  Street 

218  N.  Castle  Street 

220  N.  Castle  Street 

222  N.  Castle  Street 

2000  E.  Fayette  Street 
2002  E.  Fayette  Street 
2004  E.  Fayette  Street 


ORDINANCES  803 

2006  E.  Fayette  Street 
2008  E.  Fayette  Street 
2010  E.  Fayette  Street 
2012  E.  Fayette  Street 
2014  E.  Fayette  Street 
2016  E.  Fayette  Street 
2018  E.  Fayette  Street 
2020  E.  Fayette  Street 
2022  E.  Fayette  Street 
2024  E.  Fayette  Street 

201  N.  Washington  Street 
203  N.  Washington  Street 
205  N.  Washington  Street 
207  N.  Washington  Street 
209  N.  Washington  Street 
211  N.  Washington  Street 
213  N.  Washington  Street 
215  N.  Washington  Street 
217  N.  Washington  Street 
219  N.  Washington  Street 
221  N.  Washington  Street 
223  N.  Washington  Street 
225  N.  Washington  Street 
227  N.  Washington  Street 

2002-04  Wapping  Alley 
2006  Wapping  Alley 
2008  Wapping  Alley 
2010  Wapping  Alley 
2012  Wapping  Alley 
Lot  14A,  Block  1685,  Section  5,  Ward  6 

Sec.  4.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Bal- 
timore and  for  the  purposes  described  in  this  ordinance 
the  fee  simple  interest  or  any  lesser  interest  in  and  to 
the  properties  or  portions  thereof  hereinabove  mentioned. 
If  the  said  Real  Estate  Acquisition  Division  of  the  Depart- 


804  ORDINANCES  Ord.  No.  818 

ment  of  the  Comptroller,  or  such  person  or  persons,  and  in 
such  manner  as  the  Board  of  Estimates,  in  the  exercise 
of  the  power  vested  in  it  by  Article  V,  Section  5,  of  the 
Baltimore  City  Charter,  may  hereafter  from  time  to  time 
designate,  is  or  are  unable  to  agree  with  the  owner  or 
owners  on  the  purchase  price  of  said  properties  or  portions 
thereof,  it  or  they  shall  forthwith  notify  the  City  Solicitor 
of  Baltimore  City,  who  shall  thereupon  institute  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore  the 
necessary  legal  proceedings  to  acquire  by  condemnation 
the  fee  simple  interest  or  any  lesser  interest  in  and  to  said 
properties  or  portions  thereof. 

Sec.  5.  And  be  it  further  ordained,  That  in  whatever  re- 
spect, if  any,  the  amended  Renewal  Plan  approved  hereby 
for  Washington  Hill-Chapel  may  not  meet  the  require- 
ments as  to  the  content  of  a  Renewal  Plan  or  the  proce- 
dures for  the  preparation,  adoption,  and  approval  of  Re- 
newal Plan,  as  provided  in  Ordinance  No.  152,  approved 
June  28,  1968,  the  said  requirements  are  hereby  waived 
and  the  amended  Renewal  Plan  approved  hereby  is  ex- 
empted therefrom. 

Sec.  6.  And  be  it  further  ordained,  That  in  the  event  it  be 
judicially  determined  that  any  word,  phrase,  clause,  sen- 
tence, paragraph,  section  or  part  in  or  of  this  ordinance  or 
the  application  thereof  to  any  person  or  circumstances  is 
invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  wrould  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  or  the  application 
thereof  so  held  invalid. 

Sec.  7.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning, 
building,  electrical,  plumbing,  health,  fire  or  safety  ordi- 
nance or  code  or  regulation,  the  applicable  provisions  con- 
cerned shall  be  construed  so  as  to  give  effect  to  each;  pro- 
vided, however,  that  if  such  provisions  are  found  to  be  in 
irreconcilable  conflict,  the  provision  which  establishes  the 


ORDINANCES  805 

higher  standard  for  the  promotion  of  the  public  health  and 
safety  shall  prevail.  In  any  case  where  a  provision  of  this 
ordinance  is  found  to  be  in  conflict  with  an  existing  provi- 
sion of  any  other  ordinance  or  code  or  regulation  in  force 
in  the  City  of  Baltimore  which  establishes  a  lower  standard 
for  the  promotion  and  protection  of  the  public  health  and 
safety,  the  provision  of  this  ordinance  shall  prevail,  and 
the  other  existing  provision  of  such  other  ordinance  or 
code  or  regulation  is  hereby  repealed  to  the  extent  that  it 
may  be  found  in  conflict  with  this  ordinance. 

Sec.  8.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Maijor. 


No.  819 
(Council  No.  1690) 

An  Ordinance  authorizing  the  City  Comptroller  to  sell  at 
either  public  or  private  sale  in  accordance  with  Article  V, 
Section  5  (b)  of  the  City  Charter,  1964  Revision,  and  any 
and  all  amendments  thereto  all  of  the  interest  of  the 
Mayor  and  City  Council  of  Baltimore  in  and  to  all  those 
pieces  and  parcels  of  land  situate  in  Baltimore  City,  State 
of  Maryland,  formerly  comprising  a  part  of  Camp  Hola- 
bird,  described  as  parcels  1  and  2  in  Quitclaim  Deed  from 
United  States  of  America  to  the  Mayor  and  City  Council 
of  Baltimore,  dated  October  18,  1977  and  recorded  among 
the  Land  Records  of  Baltimore  City  in  Liber  R.H.B.  3535, 
Folio  477 ;  said  property  being  no  longer  needed  for  pub- 
lic use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be  and 
he  is  hereby  authorized  to  sell  at  either  public  or  private 
sale,  in  accordance  with  Article  V,  Section  5  (b)  of  the 
City  Charter,  1964  Revision,  and  any  and  all  amendments 


806  ORDINANCES  Ord.  No.  820 

thereto,  all  of  the  interest  of  the  Mayor  and  City  Council 
of  Baltimore  in  and  to  the  two  parcels  of  land  situate  in 
Baltimore  City,  State  of  Maryland  formerly  comprising 
a  part  of  Camp  Holabird  and  described  as  follows: 

Being  and  comprising  parcel  1  containing  78.86  acres  of 
land,  more  or  less,  and  parcel  2  containing  104.84  acres  of 
land,  more  or  less,  all  as  described  in  the  Quitclaim  Deed 
from  the  United  States  of  America  to  the  Mayor  and  City 
Council  of  Baltimore,  dated  October  18,  1977  and  recorded 
among  the  Land  Records  of  Baltimore  City  in  Liber  R.H.B. 
3535,  Folio  477. 

Said  property  being  no  longer  needed  for  public  use  by 
the  City. 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds  shall 
pass  in  accordance  herewith  until  the  same  shall  have  been 
approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  820 
(Council  No.  1760) 

An  Ordinance  providing  for  a  supplementary  special  loan 
fund  appropriation  in  the  amount  of  One  Million  Dollars 
($1,000,000)  to  the  Department  of  Housing  and  Com- 
munity Development  to  be  used  for  property  acquisition 
and  improvement  under  the  Maryland  Industrial  Develop- 
ment Financing  Authority  and  City  Ordinance  in 
accordance  with  the  provisions  of  Article  VI,  Section 
2(h)  (3)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  Article  41,  Sections  266 J  and  266CC,  inclu- 
sive, of  the  Annotated  Code  of  Maryland,  as  amended,  ere- 


ORDINANCES  807 

ated  and  amended  the  Maryland  Industrial  Development 
Financing  Authority,  hereinafter  called  "MIDFA,"  and 
vested  in  it  certain  powers  and  duties  in  connection  with 
the  preservation  and  betterment  of  the  economy  of  the 
State,  authorizes  any  municipality  of  the  State  to  borrow 
money  without  pledging-  its  full  faith  and  credit,  and  to 
execute  a  mortgage  as  security  therefore,  and  use  such 
money  to  defray  the  cost  of  acquiring  an  industrial  project, 
including  land,  buildings  and  equipment,  either  by  purchase 
or  construction,  after  the  adoption  of  an  ordinance  by  the 
legislature  of  the  municipality  to  do  so;  and 

Whereas,  the  money  appropriated  herein  represents  the 
proceeds  of  an  Industrial  Development  Loan  approved  but 
not  guaranteed  by  the  Maryland  Industrial  Development 
Financing  Authority ;  and 

Whereas,   Ordinance  provides  a   sum   of  money 

not  to  exceed  One  Million  Dollars  ($1,000,000)  for  the 
acquisition  and  improvement  of  various  properties  located 
in  Baltimore  City  near  the  southwest  corner  of  Sinclair 
Lane  and  Shannon  Drive ;  and 

Whereas,  Ordinance  provides  for  the  leasing  of 

the  aforementioned  property  to  Moldcraft,  Inc.,  a  fully- 
owned  subsidiary  of  Anchor  Hocking  Corporation,  to  be 
used  in  connection  with  its  business  operations;  and 

Whereas,  the  Industrial  Development  Loan  represents 
a  material  change  in  circumstances  since  the  adoption  of 
the  1977-1978  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  loan  fund  appro- 
priation ordained  herein  has  been  recommended  to  the  City 
Council  by  the  Board  of  Estimates,  said  recommendation 
having  been  made  at  a  regular  meeting  of  said  Board  held 
on  the  31st  day  of  May,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)(3)  of  the  1964  revised  Charter  of  Balti- 
more City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (3)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  One  Million  Dollars  ($1,000,000) 
shall  be  made  available  to  the  Department  of  Housing  and 


808  ORDINANCES  Ord.  No.  821 

Community  Development  of  the  City  of  Baltimore  as  a  sup- 
plements ly  special  loan  fund  appropriation  for  the  fiscal 
year  ending  June  30,  1978  for  the  purpose  of  acquiring  and 
improving  various  properties  located  in  Baltimore  City  near 
the  southwest  corner  of  Sinclair  Lane  and  Shannon  Drive. 
The  amount  thus  made  available  as  a  supplementary  special 
loan  fund  appropriation  shall  be  expended  from  an  Indus- 
trial Development  Loan  and  shall  be  the  source  of  revenue 
for  this  supplementary  special  loan  fund  appropriation, 
as  required  by  Article  VI,  Section  2(h)(3)  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  821 
(Council  No.  1775) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  pursuant  to  and  in  accordance  with  the  Mary- 
land Industrial  Development  Financing  Authority  Act  to 
acquire  certain  property  located  near  the  southwest 
comer  of  Sinclair  Lane  and  Shannon  Drive,  in  Baltimore, 
Maryland,  and  to  lease  such  property,  together  with 
certain  adjacent  property  presently  owned  by  the  Mayor 
and  City  Council  of  Baltimore  to  Moldcraft  Incorporated, 
a  Delaware  corporation,  provided  Anchor  Hocking  Cor- 
poration, a  Delaware  corporation,  shall  guarantee  Mold- 
craft  Incorporated' s  obligations  under  the  lease  and/or 
the  loan  referred  to  herein;  to  grant  to  Moldcraft  In- 
corporated an  option  to  purchase  all  of  said  property  for 
nominal  consideration  upon  payment  in  full  of  the  loan; 
to  borrow  a  sum  of  money  not  to  exceed  One  Million 
Dollars  and  to  use  the  same  (i)  to  release  the  property 
presently  owned  by  the  Mayor  and  City  Council  of  Bal- 
timore from  an  existing  mortgage  thereon,  (ii)  to  ac- 
quire the  property  not  presently  owned,  and  (iii)  to  im- 


ORDINANCES  809 

prove  the  property  presently  owned  and  the  property  to 
be  acquired;  to  execute  the  necessary  legal  documents 
to  evidence  and  secure  said  loan;  and  to  confer  and  to 
impose  upon  the  Department  of  Housing  and  Community 
Development  certain  powers  and  duties. 

Whereas,  Ordinance  No.  1022,  approved  November  24, 
1975,  was  enacted  transferring  all  the  duties  and  responsi- 
bilities of  The  Baltimore  City  Economic  Development  Com- 
mission to  The  Department  of  Housing  and  Community 
Development  thereby  vesting  in  said  department  certain 
powers  and  duties  to  be  exercised  in  connection  with  aiding 
the  industrial  growth  of  Baltimore  City;  and 

Whereas,  Article  41,  Sections  266J  to  266CC,  inclusive, 
of  the  Annotated  Code  of  Maryland  (1978  Replacement 
Volume),  as  amended,  created  and  amended  the  Maryland 
Industrial  Development  Financing  Authority  (hereinafter 
called  "MIDFA"),  and  vested  in  it  certain  powers  and 
duties  in  connection  with  the  preservation  and  betterment 
of  the  economy  of  the  State ;  and 

Whereas,  the  aforementioned  sections  of  said  Article 
41  of  the  Annotated  Code  of  Maryland,  among  other  things, 
authorize  any  municipality  of  this  State  to  borrow  money 
without  pledging  its  full  faith  and  credit,  and  to  execute 
a  mortgage  as  security  therefor,  and  to  use  such  money 
to  defray  the  cost  of  acquiring  any  industrial  project,  in- 
cluding land,  buildings  and  equipment,  either  by  purchase 
or  construction,  after  the  adoption  of  an  ordinance  by  the 
legislative  body  of  the  municipality  to  do  so;  and 

Whereas,  MOLDCRAFT  INCORPORATED,  a  corpora- 
tion organized  and  existing  under  the  laws  of  the  State  of 
Delaware  (hereinafter  called  the  "Company"),  by  its  letter 
of  intent  dated  May  5,  1978  (hereinafter  called  the  "Letter 
of  Intent"),  addressed  to  the  Mayor  and  City  Council  of 
Baltimore  (hereinafter  called  the  "City"),  has  requested 
aid  and  assistance  from  the  City  in  connection  with  the 
acquisition  and  improvements  of  the  property  hereinafter 
designated  in  Baltimore  City  which  is  to  be  leased  by  the 
City  to  the  Company  pursuant  to  a  lease  agreement  to  be 
entered  into  between  the  City  and  the  Company  (herein- 
after called  the  "Lease") ;  and 


810  ORDINANCES  Ord.  No.  821 

Whereas,  it  has  been  determined  that  cooperation  by 
the  City  in  connection  with  the  aforementioned  undertak- 
ing will  improve  the  economic  condition  of  Baltimore  City; 
now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  pursuant  to  and  in  accordance  with  the 
terms  and  provisions  of  Sections  266J  to  266CC  of  Ar- 
ticle 41  of  the  Annotated  Code  of  Maryland,  as  amended, 
which  created  and  amended  MIDFA : 

(1)  The  City  be  and  it  is  hereby  authorized  to  acquire 
by  negotiation  and  not  by  eminent  domain  the  land  and 
improvements  located  near  the  southwest  corner  of  Sin- 
clair Lane  and  Shannon  Drive,  and  known  as  Lots  1,  2  and 
parts  of  Lots  3  and  4,  as  shown  on  Plat  of  Development 
for  Sinclair  Lane  Industrial  Park  —  Resubdivision  of  Lot 
9A  —  Said  Plat  being  recorded  among  the  Land  Records 
of  Baltimore  City  in  Pocket  Folder  R.H.B.  No.  2578. 

(2)  The  aforementioned  property  and  the  improvements 
thereon  shall  be  acquired  only  for  the  purpose  of  leasing 
the  same,  together  with  Lot  13  in  said  Sinclair  Lane  In- 
dustrial Park  (which  Lot  13  is  presently  owned  by  the 
City)  and  the  improvements  thereon,  to  the  Company  to  be 
used  by  the  Company  in  connection  with  its  business  op- 
erations, upon  such  terms  and  conditions  as  may  be  mu- 
tually agreed  upon  by  the  City  and  the  Company,  including 
an  option  on  the  part  of  the  Company  to  acquire  said  Lots 
13,  1,  2  and  parts  of  Lots  3  and  4  for  nominal  consideration 
and  an  undertaking  on  the  part  of  the  City  to  execute  and 
deliver  a  deed  to  all  such  property  upon  the  exercise  of 
such  option  and  payment  of  such  consideration. 

(3)  The  City  be  and  it  is  hereby  fully  authorized  and 
empowered  (i)  to  borrow  a  sum  of  money  not  exceeding 
One  Million  Dollars  ($1,000,000)  (hereinafter  called  the 
"Loan"),  and  to  use  the  same  for  or  in  connection  with  (a) 
the  acquisition  of  said  Lots  1,  2  and  parts  of  Lots  3  and 
4,  (b)  the  improvement  of  said  Lots  13,  1,  2  and  parts  of 
Lots  3  and  4,  and  (c)  obtaining  a  release  of  the  existing 
mortgage  on  said  Lot  13,  and  (ii)  to  execute  a  mortgage 
on  all  such  property  and  such  other  documents  necessary 
to  evidence  and  secure  the  Loan;  the  term  of  said  mort- 


ORDINANCES  811 

gage  shall  not  exceed  twenty-one  (21)  years,  and  the  rate 
of  interest  to  be  paid  by  the  City  in  connection  with  the 
Loan  shall  not  exceed  seven  percent  (7%)  per  annum  with 
a  principal  moratorium  for  the  first  two  (2)  years.  If  at 
any  time  during  the  term  of  the  loan  it  is  determined  that 
the  interest  to  the  lender  is  not  exempt  from  Federal  in- 
come taxation,  the  interest  rate  will  automatically  be  in- 
creased to  ten  and  one-half  percent  (10V2%)  for  any 
periods  that  said  interest  is  so  taxable. 

(4)  The  terms  and  provisions  of  any  and  all  legal  in- 
struments to  be  executed  or  entered  into  by  the  City  in 
connection  with  the  transaction  authorized  by  this  ordi- 
nance shall  be  subject  to  the  approval  of  the  Board  of 
Estimates. 

(5)  The  borrowing,  acquisition,  improvement  and  leas- 
ing authorized  by  this  ordinance  is  for  the  benefit  of  the 
Company,  a  bona  fide  tenant  as  evidenced  by  the  Letter  of 
Intent. 

(6)  Anchor  Hocking  Corporation  of  which  the  Company 
is  a  wholly-owned  subsidiary  shall,  as  mutually  determined 
by  the  Company,  the  lender  and  Anchor  Hocking  Corpora- 
tion, irrevocably  and  unconditionally  guarantee  (i)  the  full 
and  prompt  repayment  of  the  Loan  and  the  interest  there- 
on, and/or  (ii)  the  full  and  prompt  performance  by  the 
Company  of  its  obligations  under  the  Lease. 

Sec.  2.  And  be  it  further  ordained,  That  The  Department 
of  Housing  and  Community  Development  is  hereby  fully 
authorized  and  empowered  for  the  purpose  of  this  ordi- 
nance only: 

(a)  To  promote,  make  investigations,  conduct  prelimi- 
nary negotiations,  and  do  any  and  all  other  things  neces- 
sary or  proper  to  expedite  the  consummation  of  the  trans- 
actions mentioned  in  this  ordinance;  all  pursuant  and 
subject  to  the  provisions  of  the  Charter  of  Baltimore  City. 

(b)  After  the  transactions  mentioned  in  this  ordinance 
have  been  fully  consummated,  The  Department  of  Housing 
and  Community  Development  shall  do  any  and  all  other 
things  necessary,  proper  or  expedient  to  assure  the  full 
performance  by  the  Company  of  any  and  all  of  the  terms 


812  ORDINANCES  Ord.  No.  822 

and  provisions  in  any  and  all  agreements  entered  into  by 
the  City  and  the  Company,  all  subject  to  the  provisions  of 
the  Charter  of  Baltimore  City. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Maxtor. 


No.  822 
(Council  No.  1616) 

An  Ordinance  to  repeal  Section  20  of  Article  19  of  the  Bal- 
timore City  Code  (1976  Edition),  title  "Police  Ordi- 
nances", subtitle  "Drinking  in  Public  Places",  and  to 
ordain  in  lieu  thereof  a  new  Section  20  to  stand  in  the 
place  of  the  section  so  repealed,  prohibiting  the  drinking 
of  alcoholic  beverages  in  public  places,  providing  excep- 
tions, and  providing  penalties. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Section  20  of  Article  19  of  the  Baltimore 
City  Code  (1976  Edition),  title  "Police  Ordinances",  sub- 
title "Drinking  in  Public  Places",  be  and  it  is  hereby  re- 
pealed and  that  new  Section  20  be  and  it  is  hereby  ordained 
in  lieu  thereof,  to  stand  in  the  place  of  the  section  so 
repealed  and  to  read  as  follows : 

DRINKING  IN  PUBLIC  PLACES 

20.    Regulated. 

(a)  Applicability.  It  is  unlawful  for  any  person  to  drink 
or  consume  any  alcoholic  beverages  (as  that  term  is  defined 
from  time  to  time  in  Article  2B  of  the  Annotated  Code  of 
Maryland)  in  or  on  any  public  street,  avenue,  alley,  lane,  o* 
sidewalk,  PARK,  BUILDING,  OR  GROUND  in  this  City. 
This  section  shall  be  applicable  to  drinking  or  consumption 
of  alcoholic  beverages  in  or  on  any  Class  A  or  Class  D  vehi- 


ORDINANCES  813 

cle  (as  these  classes  of  vehicles  are  designated  from  time  to 
time  in  the  Transportation  Article  of  the  Annotated  Code). 

(b)  Exception.  This  section  shall  not  be  applicable  to 
the  drinking  or  consumption  of  any  alcoholic  beverage  by 
an  owner  or  lessee  of  property  or  the  guest  of  either,  on  the 
property  owned  or  leased  or  on  any  property  immediately 
adjacent  to  the  property  owned  or  leased;  nor  shall  it  be 
applicable  to  the  drinking  or  consumption  of  any  alcoholic 
beverage  on  any  premises  licensed  under  Article  2B  of  the 
Annotated  Code  for  the  sale  or  consumption  of  alcoholic 
beverages.  Drinking  in  public  parks  and  public  buildings 
and  on  public  ground  shall  be  regulated  by-  the  rules  €md 
regulations  of  MAY  BE  ALLOWED  SUBJECT  TO  THE 
TERMS  OF  A  PERMIT  THEREFOR  ISSUED  BY  the 
City  agency  having  jurisdiction  over  the  park,  building 
or  ground. 

(c)  Penalties.  Any  person  who  violates  the  provisions 
of  this  subtitle  is  guilty  of  a  misdemeanor  and  on  convic- 
tion is  subject  to  a  fine  not  exceeding  One  Hundred  Dollars 
($100). 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  July  1,  1978. 

Approved  July  12,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  823 
(Council  No.  1316) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Five  Hundred  Fourteen 
Thousand  Eight  Hundred  Fifty-Two  Dollars  ($514,852) 
to  the  Mayor's  Offise  DEPARTMENT  OF  PUBLIC 
WORKS  to  be  used  for  acquiring  and  rehabilitating 
property  located  at  the  southeast  corner  of  Fayette  and 
Holliday  Streets  and  identified  as  Ward  4,  Section  11, 
Block  1331,  Lots  16-17  in  Baltimore  City,  in  accordance 


814  ORDINANCES  Ord.  No.  823 

with  the  provisions  of  Article  VI,  Section  2  (h  )-(£)-(  1) 
of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  sur- 
plus general  funds  PRODUCED  BY  THE  DEPARTMENT 
OF  PUBLIC  WORKS  AND  carried  over  from  the  preceding 
fiscal  year  which  have  become  a  part  of  the  general  revenue 
of  the  City  in  excess  of  the  revenues  estimated  and  relied 
upon  by  the  Board  of  Estimates  in  determining  the  tax  levy 
required  to  balance  the  budget  for  the  1978  fiscal  year  and 
are  therefore  available  for  appropriation,  as  provided  in 
Article  VI,  Section  2  (i)  of  the  1964  revised  Charter  of  Bal- 
timore City;  and 

Whereas,  the  additional  sum  here  appropriated  is  for  a 
new  program  which  could  not  reasonably  be  anticipated  at 
the  time  of  formulation  of  the  proposed  Ordinance  of  Esti- 
mates for  the  1978  fiscal  year,  in  accordance  with  Article 
VI,  Section  2(h) -(£)-(  1)  of  said  Charter;  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
16th  day  of  November,  1977,  AND  AMENDED  BY  SAID 
BOARD  AT  A  REGULAR  MEETING  ON  THE  14TH  DAY 
OF  JUNE  1978,  all  in  accordance  with  Article  VI,  Section 
2(h)^)-(l)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2  of  the  1964  revision  of  the  Charter  of  Baltimore  City, 
the  sum  of  Five  Hundred  Fourteen  Thousand  Eight  Hun- 
dred Fifty-Two  Dollars  ($514,852)  shall  be  made  available 
to  the  Mayor's  QSke  DEPARTMENT  OF  PUBLIC  WORKS 
of  the  City  of  Baltimore  as  a  supplementary  general  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1978  for 
the  purpose  of  acquiring  and  rehabilitating  property  located 
at  the  southeast  corner  of  Fayette  and  Holliday  Streets  and 
identified  as  Ward  4,  Section  11,  Block  1331,  Lots  16-17  in 
Baltimore  City.  The  amount  thus  made  available  as  a  supple- 
mentary general  fund  appropriation  shall  be  expended  from 
surplus  general  funds  of  the  Mayor  and  City  Council  of 
Baltimore  carried  over  from  the  preceding  fiscal  year;  and 


ORDINANCES  815 

said  funds  from  said  surplus  shall  be  the  source  of  revenue 
for  this  supplementary  general  fund  appropriation,  as  re- 
quired by  Article  VI,  Section  2  of  the  1964  revised  Charter 
of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  824 
(Council  No.  1164) 

An  Ordinance  granting  permission  to  Community  Resi- 
dence Center,  Inc.,  for  the  establishment  and  mainte- 
nance of  a  Community  Adult  Rehabilitation  CORREC- 
TION Center  on  the  property  generally  known  as  320  E. 
Lanvale  Street  under  the  provisions  of  Section  4.8-ld  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Zoning  Code  of  Baltimore  City,"  as  ordained  by 
Ordinance  1051,  approved  April  20,  1971  and  amended 
by  Ordinance  260,  approved  February  5,  1973,  and  under 
the  provisions  of  Section  11.0-6d  of  said  article  and  title, 
subtitle  "Conditional  Uses  by  Authority  of  City  Council," 
as  ordained  by  Ordinance  1051,  approved  April  20,  1971, 
SUBJECT  TO  THE  CONDITIONS  THAT  THE 
CENTER  SHALL  BE  OPERATIONAL  WITHIN  12 
MONTHS  AND  THAT  COMMUNITY  RESIDENCE 
CENTER,  INC.  SHALL  NOT  INCREASE  THE  NUM- 
BER OF  ITS  RESIDENT  CLIENTS  WITHIN  THE 
GREENMOUNT  URBAN  RENEWAL  AREA. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  is  hereby  granted  to  Com- 
munity Residence  Center,  Inc.,  for  the  establishment  and 
maintenance  of  a  Community  Adult  Rehabilitation  COR- 
RECTION Center  on  the  property  generally  known  as  320 
E.  Lanvale  Street  under  the  provisions  of  Section  4.8-ld  of 


816  ORDINANCES  Ord.  No.  825 

Article  30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"Zoning  Code  of  Baltimore  City,"  as  ordained  by  Ordinance 
1051,  approved  April  20,  1971  and  amended  by  Ordinance 
260,  approved  February  5,  1973,  and  under  the  provisions  of 
Section  11.0-6d  of  said  article  and  title,  subtitle  "Condi- 
tional Uses  by  Authority  of  City  Council,"  as  ordained  by 
Ordinance  1051,  approved  April  20,  1971. 

SECTION  2.  AND  BE  IT  FURTHER  ORDAINED, 
THAT  THIS  ORDINANCE  IS  PASSED  SUBJECT  TO 
THE  FOLLOWING  CONDITIONS : 

1.  THAT  COMMUNITY  RESIDENCE  CENTER,  INC. 
SHALL  BE  OPERATING  AND  MAINTAINING  A  COM- 
MUNITY CORRECTION  CENTER  AT  320  E.  LANVALE 
STREET  WITHIN  12  MONTHS  FROM  THE  DATE  OF 
PASSAGE  OF  THIS  ORDINANCE;  AND 

2.  THAT  COMMUNITY  CORRECTION  CENTER, 
INC.  WILL  NOT  BE  GIVEN  PERMISSION  TO  EITHER 
INCREASE  ITS  RESIDENT  CAPACITY  AT  320  E. 
LANVALE  STREET  OR  TO  USE  ADDITIONAL  PROP- 
ERTY FOR  A  COMMUNITY  CORRECTION  CENTER 
WITHIN  THE  AREA  BOUNDED  BY  NORTH  AVENUE 
ON  THE  NORTH,  OLIVER  STREET  AND  JONES  FALLS 
ON  THE  SOUTH,  HOWARD  STREET  AND  JONES 
FALLS  ON  THE  WEST,  AND  GREENMOUNT  AVENUE 
ON  THE  EAST. 

Sec.  2t  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  825 
(Council  No.  1311) 

An  Ordinance  to  condemn  and  open,  certain  streets  and 
alleys  lying  within  the  area  of  the  Ridgely's  Delight 


ORDINANCES  817 

Urban  Renewal  Project  in  accordance  with  a  plat  thereof 
numbered,  329-A-2,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of  Public 
Works,  on  the  Thirteenth  (13th)  day  of  October,  1977, 
and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open, 
certain  streets  and  alleys  lying  within  the  area  of  the 
Ridgely's  Delight  Urban  Renewal  Project  the  streets  and 
alleys  hereby  directed  to  be  condemned  for  said  opening 
being  described  as  follows : 

Sheet  1  of  3  comprising  certain  streets  and  alleys  lying 
within  the  area  bounded  by  Washington  Boulevard,  Russell 
Street,  Paca  Street,  and  the  northeast  outline  of  the  prop- 
erties known  as  No.  524  S.  Paca  Street  and  No.  623  Wash- 
ington Boulevard  said  streets  and  alleys  are  numbered 
from  one  to  four  on  said  Sheet  1  and  described  as  follows : 

1 — Eislen  Street,  varying  in  width,  and  extending  from 
Russell  Street,  Southwesterly  90  feet,  more  or  less,  to  the 
line  of  the  northeast  outline  of  the  property  known  as  No. 
524  S.  Paca  Street,  if  projected  northwesterly  and  desig- 
nated as  Parcel  No.  1. 

2 — A  5.67  foot  alley  contiguous  to  and  northeast  of  the 
northeast  outline  of  the  property  known  as  No.  522  Eislen 
Street  and  extending  from  Eislen  Street,  Northwesterly  48 
feet,  more  or  less,  to  a  10  foot  alley,  laid  out  48  feet  north- 
west of  Eislen  Street  and  designated  as  Parcel  No.  2. 

3 — An  alley,  10  feet  wide,  laid  out  48  feet  northwest 
of  Eislen  Street  and  extending  from  the  northeast  outline  of 
the  property  known  as  No.  623  Washington  Boulevard, 
Northeasterly  28.5  feet  to  the  end  thereof  and  designated  as 
Parcel  No.  3. 

4 — An  alley,  6  feet  wide,  laid  out  124.25  feet  south- 
east of  Washington  Boulevard  and  extending  from  the 
northeast  outline  of  the  property  known  as  No.  623  Wash- 
ington Boulevard,  Northeasterly  35  feet  to  the  end  thereof 
and  designated  as  Parcel  No.  4. 


818  ORDINANCES  Ord.  No.  825 

Sheet  2  of  3  comprising  (1)  all  streets  and  alleys  referred 
to  among  the  Land  Records  of  Baltimore  City  that  lie  within 
the  area  bounded  by  Russell  Street,  Warner  Street,  and  Paca 
Street  and  (2)  certain  streets  and  alleys  lying  within  the 
area  bounded  by  Conway  Street,  Fremont  Avenue,  Bur- 
gundy Street,  and  Warner  Street  said  streets  and  alleys  are 
numbered  from  five  to  nine  NINE  A  on  said  Sheet  2  and 
described  as  follows: 

5 — Burgundy  Street,  20  feet  wide,  and  extending  from 
Warner  Street,  Northeasterly  74  feet,  more  or  less,  to 
Russell  Street  and  designated  as  Parcel  No.  5. 

6 — An  alley,  4  feet  wide,  laid  out  36  feet  northeast  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 
easterly 36  feet  to  the  end  thereof  and  designated  as  Parcel 
No.  6. 

7 — A  2.67  foot  alley,  laid  out  85.5  feet  southwest  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 
easterly 45  feet,  more  or  less,  to  the  end  thereof  and  desig- 
nated as  Parcel  No.  7. 

8— A  2.25  foot  alley,  laid  out  207.17  feet  southwest  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 
easterly 19  feet,  more  or  less,  to  the  end  thereof  and  desig- 
nated as  Parcel  No.  8. 

9 — A  2.5  foot  alley,  laid  out  234.67  feet  southwest  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 
easterly 19  feet,  more  or  less,  to  the  end  thereof  and  desig- 
nated as  Parcel  No.  9. 

9A— AN  ALLEY,  3  FEET  WIDE,  LAID  OUT  57  FEET 
SOUTHWEST  OF  WARNER  STREET  AND  EXTEND- 
ING FROM  BURGUNDY  STREET,  SOUTHEASTERLY 
57  FEET,  MORE  OR  LESS,  TO  THE  END  THEREOF 
AND  DESIGNATED  AS  PARCEL  NO.  9A. 

Sheet  3  of  3  comprising  all  streets  and  alleys  referred  to 
among  the  Land  Records  of  Baltimore  City  that  lie  within 
the  area  bounded  by  Conway  Street,  Russell  Street,  Houser 
Street  and  the  southwest  outline  of  the  property  known  as 
No.  641  W.  Conway  Street  said  streets  and  alleys  are  num- 


ORDINANCES  819 

bered  from  ten  to  twelve  on  said  Sheet  3  and  described  as 
follows : 

10 — An  alley,  3  feet  wide,  laid  out  contiguous  to  and 
southwest  of  the  northeast  outline  of  the  property  known  as 
No.  621  W.  Conway  Street  and  extending  from  Houser 
Street,  Northwesterly  31  feet,  more  or  less,  to  the  end 
thereof  and  designated  as  Parcel  No.  10. 

11 — An  alley,  3  feet  wide,  laid  out  contiguous  to  and  north- 
east of  the  southwest  outline  of  the  property  known  as  No. 
€23  W.  Conway  Street  and  extending  from  Houser  Street, 
Northwesterly  34  feet,  more  or  less,  to  the  end  thereof  and 
designated  as  Parcel  No.  11. 

12 — A  2.67  foot  alley,  laid  out  contiguous  to  and  north- 
east of  the  southwest  outline  of  the  properties  known  as  No. 
620  Houser  Street  and  No.  627  W.  Conway  Street  and 
extending  from  Houser  Street,  Northwesterly  34  feet,  more 
or  less,  to  the  end  thereof  and  designated  as  Parcel  No.  12. 
the  said  streets  and  alleys  as  directed  to  be  condemned  being 
more  particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 
shown  on  a  plat  numbered  329-A-2  which  was  filed  in  the 
Office  of  the  Department  of  Public  Works  on  the  Thirteenth 
(13th)  day  of  October  in  the  year  1977,  and  is  now  on  file 
in  said  Office. 


Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  streets  and  alleys  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the 
Code  of  Public  Local  Laws  of  Maryland  and  the  Charter  of 
Baltimore  City  (1964  Revision)  as  amended  to  July  1,  1973 
and  any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and  all 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore,  and 
any  and  all  rules  or  regulations  in  effect  which  have  been 
adopted  by  the  Director  of  Public  Works  and  filed  with 
the  Department  of  Legislative  Reference. 


820  ORDINANCES  Ord.  No.  826 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  826 
(Council  No.  1312) 

An  Ordinance  to  condemn  and  close  certain  streets  and 
alleys  lying  within  the  area  of  the  Ridgely's  Delight  Urban 
Renewal  Project  in  accordance  with  a  plat  thereof  num- 
bered 329-A-2A,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of  Public 
Works,  on  the  Thirteenth  (13th)  day  of  October,  1977, 
and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 
close  certain  streets  and  alleys  lying  within  the  area  of  the 
Ridgely's  Delight  Urban  Renewal  Project  the  streets  and 
alleys  hereby  directed  to  be  condemned  for  said  closing 
being  described  as  follows : 

Sheet  1  of  3  comprising  certain  streets  and  alleys  lying 
within  the  area  bounded  by  Washington  Boulevard,  Russell 
Street,  Paca  Street,  and  the  northeast  outline  of  the  prop- 
erties known  as  No.  524  S.  Paca  Street  and  No.  623  Wash- 
ington Boulevard  said  streets  and  alleys  are  numbered  from 
one  to  four  on  said  Sheet  1  and  described  as  follows : 

1 — Eislen  Street,  varying  in  width,  and  extending  from 
Russell  Street,  Southwesterly  90  feet,  more  or  less,  to  the 
line  of  the  northeast  outline  of  the  property  known  as  No. 
524  S.  Paca  Street,  if  projected  northwesterly  and  desig- 
nated as  Parcel  No.  1. 

2 — A  5.67  foot  alley  contiguous  to  and  northeast  of  the 
northeast  outline  of  the  property  known  as  No.  522  Eislen 


ORDINANCES  821 

Street  and  extending  from  Eislen  Street,  Northwesterly  48 
feet,  more  or  less,  to  a  10  foot  alley,  laid  out  48  feet  north- 
west of  Eislen  Street  and  designated  as  Parcel  No.  2. 

3 — An  alley,  10  feet  wide,  laid  out  48  feet  northwest  of 
Eislen  Street  and  extending  from  the  northeast  outline  of 
the  property  known  as  No.  623  Washington  Boulevard, 
Northeasterly,  28.5  feet  to  the  end  thereof  and  designated 
as  Parcel  No.  3. 

4 — An  alley,  6  feet  wide,  laid  out  124.25  feet  southeast  of 
Washington  Boulevard  and  extending  from  the  northeast 
outline  of  the  property  known  as  No.  623  Washington 
Boulevard,  Northeasterly  35  feet  to  the  end  thereof  and 
designated  as  Parcel  No.  4. 

Sheet  2  of  3  comprising  (1)  all  streets  and  alleys  referred 
to  among  the  Land  Records  of  Baltimore  City  that  lie  within 
the  area  bounded  by  Russell  Street,  Warner  Street,  and 
Paca  Street  and  (2)  certain  streets  and  alleys  lying  within 
the  area  bounded  by  Conway  Street,  Fremont  Avenue,  Bur- 
gundy Street,  and  Warner  Street  said  streets  and  alleys  are 
numbered  from  five  to  ftise  NINE  A  on  said  Sheet  2  and 
described  as  follows : 

5 — Burgundy  Street,  20  feet  wide,  and  extending  from 
Warner  Street,  Northeasterly  74  feet,  more  or  less,  to 
Russell  Street  and  designated  as  Parcel  No.  5. 

6 — An  alley,  4  feet  wide,  laid  out  36  feet  northeast  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 
easterly 36  feet  to  the  end  thereof  and  designated  as  Parcel 
No.  6. 

7— A  2.67  foot  alley,  laid  out  85.5  feet  southwest  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 
easterly 45  feet,  more  or  less,  to  the  end  thereof  and  desig- 
nated as  Parcel  No.  7. 

8 — A  2.25  foot  alley,  laid  out  207.17  feet  southwest  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 
easterly 19  feet,  more  or  less,  to  the  end  thereof  and  desig- 
nated as  Parcel  No.  8. 

9 — A  2.5  foot  alley,  laid  out  234.67  feet  southwest  of 
Warner  Street  and  extending  from  Burgundy  Street,  South- 


822  ORDINANCES  Ord.  No.  826 

easterly  19  feet,  more  or  less,  to  the  end  thereof  and 
designated  as  Parcel  No.  9. 

9A— AN  ALLEY,  3  FEET  WIDE,  LAID  OUT  57  FEET 
SOUTHWEST  OF  WARNER  STREET  AND  EXTEND- 
ING FROM  BURGUNDY  STREET,  SOUTHEASTERLY 
57  FEET,  MORE  OR  LESS,  TO  THE  END  THEREOF 
AND  DESIGNATED  AS  PARCEL  NO.  9A. 

Sheet  3  of  3  comprising  all  streets  and  alleys  referred 
to  among  the  Land  Records  of  Baltimore  City  that  lie 
within  the  area  bounded  by  Conway  Street,  Russell  Street, 
Houser  Street  and  the  southwest  outline  of  the  property 
known  as  No.  641  W.  Conway  Street  said  streets  and  alleys 
are  numbered  from  ten  to  twelve  on  said  Sheet  3  and  de- 
scribed as  follows : 

10 — An  alley,  3  feet  wide,  laid  out  contiguous  to  and 
southwest  of  the  northeast  outline  of  the  property  known  as 
No.  621  W.  Conway  Street  and  extending  from  Houser 
Street,  Northwesterly  31  feet,  more  or  less,  to  the  end 
thereof  and  designated  as  Parcel  No.  10. 

11 — An  alley,  3  feet  wide,  laid  out  contiguous  to  and 
northeast  of  the  southwest  outline  of  the  property  known  as 
No.  623  W.  Conway  Street  and  extending  from  Houser 
Street,  Northwesterly  34  feet,  more  or  less,  to  the  end 
thereof  and  designated  as  Parcel  No.  11. 

12 — A  2.67  foot  alley,  laid  out  contiguous  to  and  north- 
east of  the  southwest  outline  of  the  properties  known 
as  No.  620  Houser  Street  and  No.  627  W.  Conway  Street  and 
extending  from  Houser  Street,  Northwesterly  34  feet,  more 
or  less,  to  the  end  thereof  and  designated  as  Parcel  No.  12. 
the  said  streets  and  alleys  as  directed  to  be  condemned  being 
more  particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 
shown  on  a  plat  numbered  329-A-2A  which  was  filed  in  the 
Office  of  the  Department  of  Public  Works  on  the  Thirteenth 
(13th)  day  of  October,  in  the  year  1977  and  is  now  on  file  in 
the  said  Office. 

SEC.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  ordinance,   all  subsurface  structures  and  appur- 


ORDINANCES  823 

tenances  now  owned  by  the  Mayor  and  City  Council  of  Bal- 
timore, shall  be  and  continue  to  be  the  property  of  the 
Mayor  and  City  Council  of  Baltimore,  in  fee  simple,  until 
the  use  thereof  shall  be  abandoned  by  the  Mayor  and  City 
Council  of  Baltimore,  and  in  the  event  that  any  person, 
firm  or  corporation  shall  first  obtain  permission  and  permits 
therefor  from  the  Mayor  and  City  Council  of  Baltimore, 
and  shall  in  the  application  for  such  permission  and  permits 
agree  to  pay  all  costs  and  charges  of  every  kind  and  nature 
made  necessary  by  such  removal,  alternation  or  inter- 
ference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings 
or  structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordinance 
until  the  subsurface  structures  and  appurtenances  now 
owned  by  the  Mayor  and  City  Council  of  Baltimore,  over 
which  said  buildings  or  structures  are  proposed  to  be  con- 
structed or  erected  shall  have  been  abandoned  or  shall  have 
been  removed  and  relaid  in  accordance  with  the  specifica- 
tions and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  appur- 
tenances owned  by  any  person,  firm  or  corporation,  other 
than  the  Mayor  and  City  Council  of  Baltimore,  shall  upon 
notice  from  the  Director  of  Public  Works  of  Baltimore  City, 
be  promptly  removed  by  and  at  the  expense  of  the  said 
owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly  au- 
thorized representatives,  shall,  at  all  times,  have  access  to 
said  property  and  to  all  subsurface  structures  and  appur- 
tenances used  by  it  therein,  for  the  purposes  of  inspection, 
maintenance,  repair,  alteration,  relocation  and/or  replace- 


824  ORDINANCES  Ord.  No.  827 

ment,  of  any  or  all  of  said  structures  and  appurtenances,  and 
this  without  permission  from  or  compensation  to  the  owner 
or  owners  of  said  land. 

SEC.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  streets  and  alleys  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code 
of  Public  Local  Laws  of  Maryland  and  the  Charter  of 
Baltimore  City  (1964  Revision)  as  amended  to  July  1,  1973 
and  any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and 
all  ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
and  any  and  all  rules  or  regulations  in  effect  which  have 
been  adopted  by  the  Director  of  Public  Works  and  filed  with 
the  Department  of  Legislative  Reference. 

SEC.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  827 
(Council  No.  1488) 

An  Ordinance  to  amend  Sheets  65  and  66  of  the  Zoning 
District  Maps  of  Article  30  of  the  Baltimore  City  Code 
(1966  Edition),  title  "Zoning",  (Ordinance  No.  1051, 
approved  April  20,  1971)  by  changing  the  following  Zon- 
ing Districts  in  the  Sharp-Leadenhall  Urban  Renewal 
Project;  (1)  from  the  B-3-3  Zoning  District  to  the  R-7 
Zoning  District  the  properties  known  as  808  through 
834,  817  through  831,  and  917  through  935  S.  Hanover 
Street,  102  through  118  W.  Henrietta  Street,  and  813 
through  829  Bevan  Street  as  outlined  in  red  on  the  RE- 
VISED plat  accompanying  this  ordinance;  (2)  from  the 


ORDINANCES  825 

M-2-2  Zoning-  District  to  the  R-7  Zoning  District  the 
properties  known  as  803  S.  SHARP  STREET,  903 
through  919  Peach  Street,  900  through  936  Leadenhall 
Street,  131  through  151  W.  Henrietta  Street,  and  108-114 
Winter  Street  as  outlined  in  blue  on  the  REVISED 
plat  accompanying  this  ordinance;  (3)  from  the  M-2-2 
Zoning  District  to  the  £-2-3  B-2-1  Zoning  District  that 
portion  of  the  property  known  as  1000  S.  Hanover  Street 
which  lies  west  of  a  line  running  approximately  90  feet 
from  and  parallel  to  S.  Hanover  Street  as  outlined  in 
green  on  the  REVISED  plat  accompanying  this  ordi- 
nance; (4)  from  the  B-3-3  Zoning  District  to  the  £-2-3 
B-2-1  Zoning  District  that  portion  of  the  property  known 
as  1000  S.  Hanover  Street  which  lies  east  of  a  line 
running  approximately  90  feet  from  and  parallel  to  S. 
Hanover  Street  AND  THE  PROPERTY  KNOWN  AS 
31-45  W.  WEST  STREET  as  outlined  in  yellow  on  the 
REVISED  plat  accompanying  this  ordinance;  (5) 
from  the  B-3-3  Zoning  District  to  the  R-8  Zoning  Dis- 
trict the  properties  generally  lying  south  of  a  line  ap- 
proximately 48  feet  from  and  parallel  to  W.  Hamburg 
Street  between  S.  Hanover  and  Olive  Streets,  west  of 
Olive  Street  and  Goodman  Alley,  north  of  Ropewalk  Lane, 
and  east  of  the  eastern  property  fee  ©I  4?  Wr  West 
Street,  S.  HANOVER  STREET,  east  of  Clarkson  Street 
between  W.  West  and  W.  Cross  Streets  but  excluding  28 
and  30-32  W.  West  Street,  and  east  of  the  rear  property 
lines  of  1020  through  1038  S.  Hanover  Street  as  outlined 
in  brown  on  the  REVISED  plat  accompanying  this  ordi- 
nance; and  (6)  from  the  M-2-2  Zoning  District  to  the 
R-8  Zoning  District  the  properties  generally  lying  south 
of  W.  Cross  Street,  west  of  Clarkson  Street,  north  of 
Ropewalk  Lane,  and  east  of  Race  Street  and  also  in- 
cluding the  properties  known  as  101  Ropewalk  Lane,  47 
through  57  W.  West  Street,  28  through  32  Clarkson 
Street  and  1017  through  1025  Race  Street  as  outlined  in 
orange  on  the  REVISED  plat  accompanying  this  ordi- 
nance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  65  and  66  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning",   (Ordinance  No.  1051,  approved 


826  ORDINANCES  Ord.  No.  827 

April  20,  1971)  be  and  they  are  hereby  amended  by  chang- 
ing the  following  Zoning  Districts  in  the  Sharp-Leadenhall 
Urban  Renewal  Project: 

(1)  from  the  B-3-3  Zoning  District  to  the  R-7  Zoning  Dis- 
trict the  properties  known  as  808  through  834,  817  through 
831,  and  917  through  935  S.  Hanover  Street,  102  through 
118  W.  Henrietta  Street,  and  813  through  829  Bevan  Street 
as  outlined  in  red  on  the  REVISED  plat  accompanying  this 
ordinance;  (2)  from  the  M-2-2  Zoning  District  to  the  R-7 
Zoning  District  the  properties  known  as  803  S.  SHARP 
STREET,  903  through  919  Peach  Street,  900  through  936 
Leadenhall  Street,  131  through  151  W.  Henrietta  Street, 
and  108-114  Winter  Street  as  outlined  in  blue  on  the  RE- 
VISED plat  accompanying  this  ordinance ; 
(3)  from  the  M-2-2  Zoning  District  to  the  B-2-3  B-2-1 
Zoning  District  that  portion  of  the  property  known  as  1000 
S.  Hanover  Street  which  lies  west  of  a  line  running  approxi- 
mately 90  feet  from  and  parallel  to  S.  Hanover  Street  as 
outlined  in  green  on  the  REVISED  plat  accompanying  this 
ordinance;  (4)  from  the  B-3-3  Zoning  District  to  the  R-& 
B-2-1  Zoning  District  that  portion  of  the  property  known 
as  1000  S.  Hanover  Street  which  lies  east  of  a  line  running 
approximately  90  feet  from  and  parallel  to  S.  Hanover 
Street  AND  THE  PROPERTY  KNOWN  AS  31-45  W. 
WEST  STREET  as  outlined  in  yellow  on  the  REVISED 
plat  accompanying  this  ordinance; 

(5)  from  the  B-3-3  Zoning  District  to  the  R-8  Zoning 
District  the  properties  generally  lying  south  of  a  line  ap- 
proximately 48  feet  from  and  parallel  to  W.  Hamburg  Street 
between  S.  Hanover  and  Olive  Streets,  west  of  Olive  Street 
and  Goodman  Alley,  north  of  Ropewalk  Lane,  and  east  of 
tbe  eastern  property  foa  of  42  Wr  West  Stroot,  S.  HAN- 
OVER STREET,  east  of  Clarkson  Street  between  W.  West 
and  W.  Cross  Streets  but  excluding  28  and  30-32  W.  West 
Street,  and  east  of  the  rear  property  lines  of  1020  through 
1038  S.  Hanover  Street  as  outlined  in  brown  on  the  RE- 
VISED plat  accompanying  this  ordinance ;  and 

(6)  from  the  M-2-2  Zoning  District  to  the  R-8  Zoning 
District  the  properties  generally  lying  south  of  W.  Cross 
Street,  west  of  Clarkson  Street,  north  of  Ropewalk  Lane, 
and  east  of  Race  Street  and  also  including  the  properties 
known  as  101  Ropewalk  Lane,  47  through  57  W.  West  Street, 


ORDINANCES  827 

28  through  32  Clarkson  Street  and  1017  through  1025  Race 
Street  as  outlined  in  orange  on  the  REVISED  plat  accom- 
panying this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  REVISED  plat  which  is  a  part  hereof 
and  in  order  to  give  notice  to  the  Departments  which  are 
administering  the  Zoning  Ordinance,  the  President  of  the 
City  Council  shall  sign  the  REVISED  plat  and  when  the 
Mayor  approves  the  ordinance  he  shall  sign  the  REVISED 
plat.  The  City  Treasurer  shall  then  transmit  a  copy  of  the 
ordinance  and  one  of  the  REVISED  plats  to  the  following : 
the  Board  of  Municipal  and  Zoning  Appeals,  the  Planning 
Commission,  the  Commissioner  of  the  Department  of 
Housing  and  Community  Development,  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  828 

(Council  No.  1536) 

An  Ordinance  to  condemn  and  open,  Brentwood  Avenue, 
20  feet  wide,  and  extending  from  Lanvale  Street  southerly 
65  feet  to  a  10  foot  alley  lying  within  the  Greenmount 
West  Urban  Renewal  Project  in  accordance  with  a  plat 
thereof  numbered,  334-A-14,  prepared  by  the  Surveys 
and  Records  Division  and  filed  in  the  Office  of  the  De- 
partment of  Public  Works,  on  the  Twenty-first  (21st) 
day  of  February,  1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn, 


828  ORDINANCES  Ord.  No.  828 

open,  Brentwood  Avenue,  20  feet  wide,  and  extending  from 
Lanvale  Street  southerly  65  feet  to  a  10  foot  alley  lying 
within  the  Greenmount  West  Urban  Renewal  Project  the 
street  hereby  directed  to  be  condemned  for  said  opening 
being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  in- 
tersection of  the  west  side  of  Brentwood  Avenue,  as  now 
laid  out  20  feet  wide,  and  the  south  side  of  Lanvale  Street, 
as  now  laid  out,  and  running  thence  binding  on  the  south 
side  of  said  Lanvale  Street,  Easterly  20  feet  to  the  east 
side  of  said  Brentwood  Avenue;  thence  binding  on  the 
east  side  of  said  Brentwood  Avenue,  Southerly  65  feet  to 
the  north  side  of  a  10  foot  alley  laid  out  65  feet  south  of 
the  south  side  of  said  Lanvale  Street; 

thence  binding  on  the  line  of  the  north  side  of  said  10  foot 
alley,  if  projected  westerly,  Westerly  20  feet  to  the  west 
side  of  said  Brentwood  Avenue  and  thence  binding  on  the 
west  side  of  said  Brentwood  Avenue,  Northerly  65  feet 
to  the  place  of  beginning. 

the  said  Brentwood  Avenue  as  directed  to  be  condemned 
being  more  particularly  described  and  referred  to  among 
the  Land  Records  of  Baltimore  City  and  delineated  and 
particularly  shown  on  a  plat  numbered  334-A-14  which  was 
filed  in  the  Office  of  the  Department  of  Public  Works  on 
the  Twenty-first  (21st)  day  of  February  in  the  year  1978, 
and  is  now  on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  Brentwood  Avenue  and 
the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accordance 
with,  any  and  all  applicable  provisions  of  Article  4  of  the 
Code  of  Public  Local  Laws  of  Maryland  and  the  Charter 
of  Baltimore  City  (1964  Revision)  as  amended  to  July 
1,  1973  and  any  and  all  amendments  thereto,  and  any  and 
all  other  Acts  of  the  General  Assembly  of  Maryland,  and 
any  and  all  ordinances  of  the  Mayor  and  City  Council  of 
Baltimore,  and  any  and  all  rules  or  regulations  in  effect 
which  have  been  adopted  by  the  Director  of  Public  Works 
and  filed  with  the  Department  of  Legislative  Reference. 


ORDINANCES  829 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  829 
(Council  No.  1537) 

An  Ordinance  to  condemn  and  close  Brentwood  Avenue, 
20  feet  wide,  and  extending  from  Lanvale  Street  southerly 
65  feet  to  a  10  foot  alley  lying  within  the  Greenmount 
West  Urban  Renewal  Project  in  accordance  with  a  plat 
thereof  numbered  334-A-14A,  prepared  by  the  Surveys 
and  Records  Division  and  filed  in  the  Office  of  the  De- 
partment of  Public  Works,  on  the  Twenty-first  (21st) 
day  of  February,  1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 
close  Brentwood  Avenue,  20  feet  wide,  and  extending  from 
Lanvale  Street  southerly  65  feet  to  a  10  foot  alley  lying 
within  the  Greenmount  West  Urban  Renewal  Project  the 
street  hereby  directed  to  be  condemned  for  said  closing 
being  described  as  follows: 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  west  side  of  Brentwood  Avenue,  as  now  laid 
out  20  feet  wide,  and  the  south  side  of  Lanvale  Street,  as 
now  laid  out,  and  running  thence  binding  on  the  south 
side  of  said  Lanvale  Street,  Easterly  20  feet  to  the  east 
side  of  said  Brentwood  Avenue ;  thence  binding  on  the  east 
side  of  said  Brentwood  Avenue,  Southerly  65  feet  to  the 
north  side  of  a  10  foot  alley  laid  out  65  feet  south  of  the 
south  side  of  said  Lanvale  Street; 

thence  binding  on  the  line  of  the  north  side  of  said  10 
foot  alley,  if  projected  westerly,  Westerly  20  feet  to  the 
west  side  of  said  Brentwood  Avenue  and  thence  binding 


830  ORDINANCES  Ord.  No.  829 

on  the  west  side  of  said  Brentwood  Avenue,  Northerly  65 
feet  to  the  place  of  beginning. 

the  said  Brentwood  Avenue  as  directed  to  be  condemned 
being  more  particularly  described  and  referred  to  among 
the  Land  Records  of  Baltimore  City  and  delineated  and 
particularly  shown  on  a  plat  numbered  334-A-14A  which 
was  filed  in  the  Office  of  the  Department  of  Public  Works 
on  the  Twenty-first  (21st)  day  of  February,  in  the  year 
1978  and  is  now  on  file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  Ordinance,  all  subsurface  structures  and  appurte- 
nances now  owned  by  the  Mayor  and  City  Council  of  Balti- 
more, shall  be  and  continue  to  be  the  property  of  the  Mayor 
and  City  Council  of  Baltimore,  in  fee  simple,  until  the  use 
thereof  shall  be  abandoned  by  the  Mayor  and  City  Council 
of  Baltimore,  and  in  the  event  that  any  person,  firm  or 
corporation  shall  first  obtain  permission  and  permits  there- 
for from  the  Mayor  and  City  Council  of  Baltimore,  and 
shall  in  the  application  for  such  permission  and  permits 
agree  to  pay  all  costs  and  charges  of  every  kind  and  nature 
made  necessary  by  such  removal,  alteration  or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  Ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the 
specifications  and  under  the  direction  of  the  Director  of 
Public  Works  of  Baltimore  City,  and  at  the  expense  of  the 
person  or  persons  or  body  corporate  desiring  to  erect  such 
buildings  or  structures.  Railroad  tracks  shall  be  taken  to 
be  "structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  Ordinance,  all  subsurface  structures  and  appurte- 


ORDINANCES  831 

nances  owned  by  any  person,  firm  or  corporation,  other 
than  the  Mayor  and  City  Council  of  Baltimore,  shall  upon 
notice  from  the  Director  of  Public  Works  of  Baltimore  City, 
be  promptly  removed  by  and  at  the  expense  of  the  said 
owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after  the 
closing  of  said  highway  or  highways,  the  said  Mayor  and 
City  Council  of  Baltimore,  acting  through  its  duly  author- 
ized representatives,  shall,  at  all  times,  have  access  to  said 
property  and  to  all  subsurface  structures  and  appurtenances 
used  by  it  therein,  for  the  purposes  of  inspection,  mainte- 
nance, repair,  alteration,  relocation  and/or  replacement, 
of  any  or  all  of  said  structures  and  appurtenances,  and  this 
without  permission  from  or  compensation  to  the  owner  or 
owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  Brentwood  Avenue  and 
the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accordance 
with,  any  and  all  applicable  provisions  of  Article  4  of  the 
Code  of  Public  Local  Laws  of  Maryland  and  the  Charter  of 
Baltimore  City  (1964  Revision)  as  amended  to  July  1,  1973 
and  any  and  all  amendments  thereto,  and  any  and  all 
other  Acts  of  the  General  Assembly  of  Maryland,  and  any 
and  all  ordinances  of  the  Mayor  and  City  Council  of  Balti- 
more, and  any  and  all  rules  or  regulations  in  effect  which 
have  been  adopted  by  the  Director  of  Public  Works  and 
filed  with  the  Department  of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  Ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


832  ORDINANCES  Ord.  No.  830 

No.    830 
(Council  No.  1540) 

An  Ordinance  authorizing  the  acquisition  by  purchase  or 
condemnation  by  the  Mayor  and  City  Council  of  Balti- 
more of  the  fee  simple  interests  or  such  other  interests 
as  the  Director  of  The  Department  of  Public  Works  may 
deem  necessary  or  sufficient,  in  and  to  certain  pieces  or 
parcels  of  land  situate  in  Baltimore  City,  namely,  (1) 
for  public  highway  purposes  for  the  opening,  widening, 
grading,  construction  and  maintenance  of  O'Donnell 
Street,  extending  from  a  point  506  feet,  more  or  less, 
east  of  Iris  Avenue,  easterly,  to  a  point  240  feet  east  of 
Newkirk  Street  and  authorizing  the  acquisition  by  pur- 
chase or  condemnation  of  any  property,  rights,  interests, 
easements  and/or  franchises  necessary  in  the  opening, 
widening,  grading,  construction  and  maintenance  of  said 
O'Donnell  Street;  and  authorizing  the  making  of  all 
necessary  agreements  concerning  said  O'Donnell  Street; 
and  authorizing  the  construction  of  said  O'Donnell  Street 
and  (2)  for  right  of  way  for  Municipal  Services  and 
Utilities  through  the  properties  of  Crown  Cork  &  Seal 
Co.  Inc.  known  as  Nos.  4201/4401,  4623  O'Donnell  Street 
and  S.  Schapiro  &  Sons  Inc.  known  as  No.  4701  O'Donnell 
Street  and  authorizing  the  acquisition  by  purchase  or 
condemnation  of  any  property,  rights,  interests,  ease- 
ments and  /or  franchises  necessary  in  the  construction 
and  maintenance  of  said  Municipal  Services  and  Utilities ; 
and  authorizing  the  making  of  all  necessary  agreements 
concerning  said  Municipal  Services  and  Utilities;  and 
authorizing  the  construction  of  said  Municipal  Services 
and  Utilities;  the  location  and  course  of  said  O'Donnell 
Street  and  said  right  of  way  for  Municipal  Services  and 
Utilities  being  shown  on  plats  thereof  numbered  117- 
A-20,  111-A-26A,  111-A-27A  and  111-B-2A  prepared  by 
the  Surveys  &  Records  Division  and  filed  in  the  Office 
of  the  Director  of  The  Department  of  Public  Works  on 
the  First  (1st)  day  of  November,  1977,  the  Thirteenth 
(13th)  day  of  August,  1976  and  the  Twelfth  (12th)  day 
of  August,  1976. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  necessary  to  acquire  by  purchase 


ORDINANCES  833 

or  condemnation,  namely,  (1)  for  public  highway  purposes 
for  the  opening,  widening,  grading,  construction  and  main- 
tenance of  O'Donnell  Street,  extending  from  a  point  506 
feet,  more  or  less,  east  of  Iris  Avenue,  easterly,  to  a  point 
240  feet  east  of  Newkirk  Street  and  (2)  for  right  of  way 
for  Municipal  Services  and  utilities  through  the  properties 
of  Crown  Cork  &  Seal  Co.  Inc.  known  as  Nos.  4201/4401, 
4623  O'Donnell  Street  and  S.  Schapiro  &  Sons  Inc.  known 
as  No.  4701  O'Donnell  Street  the  fee  simple  interests  or 
such  other  interests  as  the  Director  of  The  Department  of 
Public  Works  may  deem  necessary,  in  and  to  the  pieces  or 
parcels  of  land,  situate  in  Baltimore  City,  including  the 
improvements  thereon,  bounded  as  follows: 

Portion  of  the  property  known  as  No.  4201/4401  O'Don- 
nell  Street,  Beginning  for  the  same  at  the  point  formed  by 
the  intersection  of  the  south  side  of  O'Donnell  Street,  as 
now  laid  out  102.5  feet  wide,  and  the  west  side  of  the  Balti- 
more and  Ohio  Railroad  right  of  way,  as  now  laid  out  60 
feet  wide,  said  point  of  beginning  being  the  end  of  the 
second  line  of  the  second  parcel  of  land  conveyed  by  Crown 
Cork  and  Seal  Company,  Inc.  to  the  Mayor  and  City  Council 
of  Baltimore  by  deed  dated  October  6,  1953  and  recorded 
among  the  Land  Records  of  Baltimore  City  in  Liber  M.L.P. 
No.  9300  Folio  5  and  running  thence  binding  on  the  west 
side  of  said  Baltimore  and  Ohio  Railroad  right  of  way, 
South  02°-52'-50"  East  4.00  feet  to  intersect  a  line  drawn 
parallel  with  and  distant  4.00  feet  southerly,  measured  at 
right  angles  from  the  south  side  of  said  O'Donnell  Street ; 
thence  binding  on  said  line  so  drawn  and  on  the  south  side 
of  O'Donnell  Street,  106.5  feet  wide,  South  87°-06'-50"  West 
212.00  feet  to  intersect  a  line  drawn  parallel  with  and 
distant  212.00  feet  westerly  measured  at  right  angles  from 
the  first  line  of  this  description;  thence  binding  reversely 
on  said  line  so  drawn,  North  02°-52'-50"  West  4.00  feet  to 
intersect  the  south  side  of  O'Donnell  Street  mentioned 
firstly  herein,  and  thence  binding  on  the  south  side  of 
O'Donnell  Street  mentioned  firstly  herein,  and  reversely 
on  part  of  the  third  line  of  the  second  parcel  of  land  de- 
scribed in  said  deed,  to  the  beginning  thereof,  there  situate, 
North  87°-06'-50"  East  212.00  feet  to  the  place  of  beginning. 

Containing  848.00  square  feet  or  0.0195  acre  of  land, 
more  or  less. 


834  ORDINANCES  Ord.  No.  830 

Portions  of  the  property  known  as  No.  4623  O'Donnell 
Street,  Beginning  for  Parcel  No.  1  at  the  point  formed  by 
the  intersection  of  the  south  side  of  O'Donnell  Street,  as 
now  laid  out  70  feet  wide,  and  the  west  side  of  Newkirk 
Street,  as  now  laid  out  60  feet  wide,  said  point  of  beginning 
being  the  beginning  of  the  last  line  of  the  parcel  of  land 
conveyed  by  Anna  Tschirschky  "etal"  to  Mayor  and  City 
Council  of  Baltimore  by  deed  dated  October  24,  1953  and 
recorded  among  the  Land  Records  of  Baltimore  City  in 
Liber  M.L.P.  No.  9322  Folio  51  and  running  thence  binding 
on  the  west  side  of  said  Newkirk  Street  and  reversely  on 
part  of  the  last  line  of  the  first  parcel  of  land  conveyed  by 
Edward  Studz  and  Wife  to  Crown  Cork  and  Seal  Company 
Inc.  by  deed  dated  May  31,  1961  and  recorded  among  the 
said  Land  Records  in  Liber  J.F.C.  No.  1083  Folio  296, 
there  situate,  as  now  surveyed,  South  02°-52/-50"  East 
30.05  feet  to  intersect  the  southwest  side  of  O'Donnell 
Street,  as  realigned  and  widened  varying  in  width ; 
thence  binding  on  the  southwest  side  of  last  said  O'Donnell 
Street,  by  a  line  curving  to  the  left  with  a  radius  of  44.00 
feet  the  distance  of  44.97  feet  which  arc  is  subtended  by  a 
chord  bearing  North  63°-36'-14.5"  West  43.04  feet  to  inter- 
sect a  line  drawn  parallel  with  and  distant  9.00  feet 
southerly,  measured  at  right  angles  from  the  south  side 
of  O'Donnell  Street  mentioned  firstly  herein;  thence  bind- 
ing on  said  line  so  drawn  and  on  the  south  side  of  O'Donnell 
Street,  79  feet  wide,  South  87°-06'-50"  West  273.77  feet  to 
the  south  side  of  O'Donnell  Street,  as  realigned  and  widened 
varying  in  width ;  thence  binding  on  the  south  side  of  last 
said  O'Donnell  Street,  South  84°-58'-49"  West  127.72  feet 
to  a  bend  in  the  south  side  of  O'Donnell  Street,  as  now 
laid  out  varying  in  width ;  thence  binding  on  the  south  side 
of  last  said  O'Donnell  Street  and  reversely  on  the  fourth 
line  of  the  third  parcel  of  land  conveyed  by  Crown  Cork 
and  Seal  Company,  Inc.  to  the  Mayor  and  City  Council  of 
Baltimore  by  deed  dated  October  6,  1953  and  recorded 
among  the  said  Land  Records  in  Liber  M.L.P.  No.  9300 
Folio  5,  to  the  beginning  thereof,  there  situate,  North  76°- 
24'-20"  East  74.00  feet  to  the  south  side  of  O'Donnell  Street 
mentioned  firstly  herein,  and  thence  binding  in  part  re- 
versely on  the  third  line  of  the  third  parcel  of  land  de- 
scribed in  last  said  deed,  in  part  on  the  third  line  of  the 
parcel  of  land  described  in  the  deed  mentioned  firstly  herein, 


ORDINANCES  836 

and  in  all,  on  the  south  side  of  O'Donnell  Street  mentioned 
firstly  herein,  as  now  surveyed,  North  87°-06'-50"  East 
366.24  feet  to  the  place  of  beginning. 

Containing  3,984.91  square  feet  or  0.0915  acre  of  land, 
more  or  less. 

Beginning  for  a  Perpetual  Easement,  Parcel  No.  2  at  a 
bend  in  the  south  side  of  O'Donnell  Street,  as  now  laid 
out  102.5  feet  wide,  said  point  of  beginning  being  the  begin- 
ning of  the  fifth  line  of  the  third  parcel  of  land  conveyed 
by  Crown  Cork  and  Seal  Company,  Inc.  to  the  Mayor  and 
City  Council  of  Baltimore  by  deed  dated  October  6,  1953 
and  recorded  among  the  Land  Records  of  Baltimore  City 
in  Liber  M.L.P.  No.  9300  Folio  5  and  running  thence  bind- 
ing on  the  south  side  of  O'Donnell  Street,  as  realigned  and 
widened  varying  in  width,  North  84°-58'-49"  East  127.72 
feet  to  the  south  side  of  O'Donnell  Street,  79  feet  wide; 
thence  binding  on  the  south  side  of  last  said  O'Donnell 
Street,  North  87°-06'-50"  East  273.77  feet  to  the  southwest 
side  of  O'Donnell  Street,  as  realigned  and  widened  varying 
in  width; 

thence  binding  on  the  southwest  side  of  last  said  O'Donnell 
Street,  by  a  line  curving  to  the  right  with  a  radius  of  44.00 
feet  the  distance  of  43.73  feet  which  arc  is  subtended  by  a 
chord  bearing  South  64°-24'-49.5"  East  41.95  feet  to  inter- 
sect a  line  drawn  parallel  with  and  distant  20.00  feet 
southerly  measured  at  right  angles  from  the  second  line 
of  this  description;  thence  binding  reversely  on  said  line 
so  drawn,  South  87°-06'-50"  West  318.33  feet  to  intersect 
a  line  drawn  parallel  with  and  distant  318.99  feet  westerly 
measured  at  right  angles  from  the  west  s4ie  SIDE  of  New- 
kirk  Street,  as  now  laid  out  60  feet  wide ;  thence  binding  on 
last  said  line  so  drawn,  North  02°-52'  50"  West  9.01  feet 
to  intersect  a  line  drawn  parallel  with  and  distant  9.00 
feet  northerly  measured  at  right  angles  from  the  fourth 
line  of  this  description;  thence  binding  on  last  said  line 
so  drawn,  South  87°-06'-50"  West  119.95  feet  to  intersect  a 
line  drawn  parallel  with  and  distant  439.60  feet  westerly 
measured  at  right  angles  from  the  west  side  of  said  New- 
kirk  Street  and  thence  binding  on  last  said  line  so  drawn, 
North  02°-52'-50"  West  6.24  feet  to  the  place  of  beginning. 


836  ORDINANCES  Ord.  No.  830 

Containing  7,163.57  square  feet  or  0.1645  acre  of  land, 
more  or  less. 

Portions  of  the  property  known  as  No.  4701  O'Donnell 
Street,  Beginning  for  Parcel  No.  1  at  the  point  formed 
by  the  intersection  of  the  east  side  of  Newkirk  Street,  as 
now  laid  out  60  feet  wide,  and  the  south  side  of  O'Donnell 
Street,  as  now  laid  out  70  feet  wide,  said  point  of  beginning 
being  the  beginning  of  the  parcel  of  land  conveyed  by 
Crown  Cork  &  Seal  Co.,  Inc.  to  S.  Schapiro  &  Sons,  Inc. 
by  deed  dated  December  27,  1963  and  recorded  among  the 
Land  Records  of  Baltimore  City  in  Liber  J.F.C.  No.  1619 
Folio  349  and  running  thence  binding  on  the  south  side 
of  said  O'Donnell  Street  and  on  the  first  line  of  said  deed, 
there  situate,  North  87°-06'-50"  East  240.00  feet;  thence 
binding  on  part  of  the  second  line  of  said  deed,  as  now 
surveyed,  South  02°-52'-50"  East  9.00  feet  to  intersect  a 
line  drawn  parallel  with  and  distant  9.00  feet  southerly, 
measured  at  right  angles  from  the  south  side  of  said 
O'Donnell  Street; 

thence  binding  on  said  line  so  drawn,  and  on  the  south 
side  of  O'Donnell  Street,  79  feet  wide,  South  87°-06'-50" 
West  207.63  feet  to  the  southeast  side  of  O'Donnel  Street, 
as  realigned  and  widened  varying  in  width ;  thence  binding 
on  the  southeast  side  of  last  said  O'Donnell  Street  by  a 
line  curving  to  the  left  with  a  radius  of  34.00  feet  the 
distance  of  42.85  feet  which  arc  is  subtended  by  a  chord 
bearing  South  51°-00'-22.5"  West  40.07  feet  to  intersect  the 
east  side  of  said  Newkirk  Street  and  thence  binding  on  the 
east  side  of  said  Newkirk  Street  and  on  part  of  the  last 
line  of  said  deed,  to  the  end  thereof,  there  situate,  as  now 
surveyed,  North  02°-52'-50"  West  32.62  feet  to  the  place 
of  beginning. 

Containing  2,363.29  square  feet  or  0.0543  acre  of  land, 
more  or  less. 

Beginning  for  a  Perpetual  Easement,  Parcel  No.  2  at 
the  point  formed  by  the  intersection  of  the  southeast  side 
of  O'Donnell  Street,  as  realigned  and  widened  varying  in 
width,  and  a  line  drawn  parallel  with  and  distant  20.00 
feet  southerly,  measured  at  right  angles  from  the  south 
side  of  O'Donnell  Street,  79  feet  wide  and  running  thence 
binding  on  the  southeast  side  of  said  O'Donnell  Street,  as 


ORDINANCES  837 

realigned  and  widened  varying  in  width,  by  a  line  curving 
to  the  right  with  a  radius  of  34.00  feet  the  distance  of  38.98 
feet  which  arc  is  subtended  by  a  chord  bearing  North  54°- 
16'-17"  East  36.88  feet  to  the  south  side  of  said  O'Donnell 
Street,  79  feet  wide ; 

thence  binding  on  the  south  side  of  said  O'Donnell  Street, 
79  feet  wide,  North  87°-06'-50"  East  207.63  feet  to  intersect 
the  second  line  of  the  parcel  of  land  conveyed  by  Crown 
Cork  &  Seal  Co.  Inc.  to  S.  Schapiro  &  Sons,  Inc.  by  deed 
dated  December  27,  1963  and  recorded  among  the  Land 
Records  of  Baltimore  City  in  Liber  J.F.C.  No.  1619  Folio 
349 ;  thence  binding  on  part  of  the  second  line  of  said  deed, 
as  now  surveyed,  South  02°-52'-50"  East  20.00  feet  to  inter- 
sect the  aforesaid  line  so  drawn  and  thence  binding  on  said 
line  so  drawn,  South  87°-06,-50"  West  238.61  feet  to  the 
place  of  beginning. 

Containing  4,598.22  square  feet  or  0.1056  acre  of  land, 
more  or  less. 

Portions  of  the  property  known  as  No.  4201/4401  O'Don- 
nell Street  for  the  Right  of  Way  for  Municipal  Services 
and  Utilities,  Beginning  for  Parcel  No.  1  at  a  point  on  the 
west  outline  of  the  Baltimore  and  Ohio  Railroad  right  of 
way  having  the  coordinates  of  East  16266.64  and  South 
6849.34  based  upon  the  Baltimore  Survey  Control  System 
and  running  thence  binding  on  a  line  drawn  at  a  right 
angle  to  the  west  outline  of  said  Baltimore  and  Ohio  Rail- 
road right  of  way,  South  87°-07'-10"  West  20.00  feet; 
thence  binding  on  a  line  drawn  parallel  with  and  distant 
20.00  feet  westerly,  from  the  west  outline  of  said  Baltimore 
and  Ohio  Railroad  right  of  way,  North  02°-52,-50"  West 
540.18  feet; 

thence  binding  on  a  line  drawn  at  a  right  angle  to  the  west 
outline  of  said  Baltimore  and  Ohio  Railroad  right  of  way, 
South  87°-07'-10"  West  5.00  feet;  thence  binding  on  a  line 
drawn  parallel  with  and  distant  25.00  feet  westerly  from 
the  west  outline  of  said  Baltimore  and  Ohio  Railroad  right 
of  way,  North  02°-52'-50"  West  176.00  feet  to  intersect  the 
south  side  of  O'Donnell  Street,  106.5  feet  wide;  thence 
binding  on  the  south  side  of  said  O'Donnell  Street,  North 
87°-06'50"  East  25.00  feet  to  the  west  outline  of  said 
Baltimore  and  Ohio  Railroad  right  of  way  and  thence 
binding  on  the  west  outline  of  said  Baltimore  and  Ohio 


838  ORDINANCES  Ord.  No.  830 

Railroad  right  of  way,  South  02°-52'-50"  East  716.18  feet 
to  the  place  of  beginning. 

Containing  15,201.11  square  feet  or  0.3490  acre  of  land, 
more  or  less. 

Beginning  for  Parcel  No.  3  at  a  point  on  the  north  side 
of  Boston  Street,  as  now  laid  out  70  feet  wide,  distant 
South  87°-13,-41t"  West  972.48  feet  measured  along  the 
north  side  of  said  Boston  Street  from  the  west  side  of 
Newkirk  Street,  as  now  laid  out  60  feet  wide,  and  running 
thence  for  new  lines  of  division  through  the  property  now 
or  formerly  owned  by  Crown  Cork  and  Seal  Co.  Inc.  the 
seven  following  courses  and  distances;  namely,  North  48°- 
13'-41"  East  143.01  feet,  North  87°-13'-41"  East  102.07 
feet,  North  45°-ll'-10"  East  101.91  feet,  by  a  line  curving 
to  the  left  with  a  radius  of  403.27  feet  the  distance  of 
338.31  feet  which  arc  is  subtended  by  a  chord  bearing 
North  21°-ll'-05"  East  328.48  feet,  North  87°-07,-10"  East 
0.53  feet,  North  02°-52'-50"  West  2.00  feet,  and  North  87°- 
07'-10"  East  20.00  feet,  to  the  west  outline  of  the  Baltimore 
and  Ohio  Railroad  right  of  way;  thence  binding  on  the 
west  outline  of  said  Baltimore  and  Ohio  Railroad  right  of 
way,  South  02°-52'-50"  East  2.00  feet;  thence  for  new 
lines  of  division  through  the  property  now  or  formerly 
owned  by  Crown  Cork  and  Seal  Co.  Inc.,  the  four  following 
courses  and  distances; 

namely,  South  87°-07'-10"  W^est  0.53  feet,  by  a  line  curving 
to  the  right  with  a  radius  of  423.27  feet  the  distance  of 
355.09  feet  which  arc  is  subtended  by  a  chord  bearing 
South  21°-ll'-00"  West  344.77  feet,  South  45°-ll'-10"  West 
79.73  feet  and  North  87°-13'-41"  East  61.40  feet  to  the 
northwest  outline  of  the  Baltimore  and  Ohio  Railroad 
right  of  way;  thence  binding  on  the  northwest  outline  of 
said  Baltimore  and  Ohio  Railroad  right  of  way,  by  a  line 
curving  to  the  right  with  a  radius  of  474.06  feet  the  dis- 
tance of  29.64  feet  which  arc  is  subtended  by  a  chord  bear- 
ing South  44°-46'-42"  West  29.63  feet;  thence  for  new  lines 
of  division  through  the  property  now  or  formerly  owned 
by  Crown  Cork  and  Seal  Co.  Inc.,  the  two  following  courses 
and  distances;  namely,  South  87°-13'-41"  West  164.39  feet 
and  South  48°-13'-41"  West  111.23  feet  to  the  north  side 
of  said  Boston  Street  and  thence  binding  on  the  north  side 


ORDINANCES  839 

of  said  Boston  Street,  South  87°-13'-41"  West  31.78  feet  to 
the  place  of  beginning. 

Containing  14,912.97  square  feet  or  0.3424  acre  of  land, 
more  or  less. 

Portion  of  the  property  known  as  No.  4623  O'Donnell 
Street,  for  the  Right  of  Way  for  Municipal  Services  and 
Utilities,  Beginning  for  Parcel  No.  4  at  a  point  having 
the  coordinates  of  East  16376.55  and  South  7214.00  based 
upon  the  Baltimore  Survey  Control  System  and  running 
thence  for  new  lines  of  division  through  the  property  now 
or  formerly  owned  by  Crown  Cork  and  Seal  Co.  Inc.,  the 
two  following  courses  and  distances;  namely,  South  02°- 
46'-19"  East  20.00  feet  and  South  87°-13,-41"  West  180.00 
feet  to  the  southeast  outline  of  the  Baltimore  and  Ohio 
Railroad  right  of  way;  thence  binding  on  the  southeast 
outline  of  said  Baltimore  and  Ohio  Railroad  right  of  way, 
by  a  line  curving  to  the  left  with  a  radius  of  524.06  feet 
the  distance  of  26.86  feet  which  arc  is  subtended  by  a  chord 
bearing  North  39°-05,-36"  East  26.85  feet  and  thence  for 
another  new  line  of  division  through  the  property  now  or 
formerly  owned  by  Crown  Cork  and  Seal  Co.  Inc.,  North 
87°-13'-41"  East  162.08  feet  to  the  place  of  beginning. 

Containing  3,417.77  square  feet  or  0.0785  acre  of  land, 
more  or  less. 

All  courses  and  distances  in  the  above  descriptions  are 
referred  to  the  true  meridian  as  adopted  by  the  Baltimore 
Survey  Control  System. 

Including  all  property,  rights,  interests,  easements  and/ 
or  franchises  necessary  in  the  opening,  widening,  grading, 
construction  and  maintenance  of  said  O'Donnell  Street  and 
said  right  of  way  for  Municipal  Services  and  Utilities,  the 
location  and  course  of  said  O'Donnell  Street  and  said  right 
of  way  for  Municipal  Services  and  Utilities  being  shown 
on  plats  thereof  numbered  117-A-20,  111-A-26A,  111-A-27A 
and  111-B-2A,  prepared  by  the  Surveys  and  Records  Di- 
vision and  filed  in  the  office  of  The  Director  of  The  Depart- 
ment of  Public  Works  on  the  First  (1st)  day  of  November, 
1977,  the  Thirteenth  (13th)  day  of  August,  1976  and  the 
Twelfth  (12th)  day  of  August,  1976. 


840  ORDINANCES  Ord.  No.  830 

Any  mention  or  reference  to  any  streets,  roads,  avenues, 
highways  or  alleys  in  this  Ordinance  or  on  the  plats  referred 
to  herein  are  for  the  purpose  of  description  only,  and 
shall  not  be  held  or  taken  to  be  any  evidence  whatever  that 
said  streets,  roads,  avenues,  highways,  alleys  or  any  of 
them,  are  public,  dedicated  or  private  thoroughfares. 

Sec.  2.  And  be  it  further  ordained,  That  the  Director  of 
The  Department  of  Public  Works  or  the  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  hereafter 
from  time  to  time  designated,  DESIGNATE,  is  or  are 
hereby  authorized  to  acquire  on  behalf  of  the  Mayor  and 
City  Council  of  Baltimore,  and  for  the  purposes  described 
in  this  Ordinance,  the  fee  simple  interests  or  such  other  in- 
terests as  the  said  Director  may  deem  necessary  or  suffi- 
cient, in  and  to  said  pieces  or  parcels  of  land  and  improve- 
ments thereupon,  including  all  property,  rights,  interests, 
easements  and/or  franchises  necessaiy  in  the  opening, 
widening,  grading,  construction  and  maintenance  of  said 
O'Donnell  Street  and  said  right  of  way  for  Municipal  Serv- 
ices and  Utilities. 

If  the  said  Director  of  the  Department  of  Public  Works, 
or  person  or  persons  the  Board  of  Estimates  of  Baltimore 
City  may  designate  are  unable  to  agree  with  the  owner  or 
owners  on  the  purchase  price  of  any  of  the  said  pieces  or 
parcels  of  land  and  improvements  thereupon  or  for  any 
of  the  said  properties,  rights,  interests,  easements  and/or 
franchises,  they  shall  forthwith  notify  the  City  Solicitor 
of  Baltimore  City  who  shall  thereupon  institute  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore  the  necessary 
legal  proceedings  to  acquire  by  condemnation  the  fee  simple 
interests  or  such  other  rights,  interests,  easements  and/or 
franchises  as  the  said  Director  may  deem  necessary  or 
sufficient  for  the  purposes  of  said  O'Donnell  Street  and 
said  right  of  way  for  Municipal  Services  and  Utilities. 

Sec.  3.  And  be  it  further  ordained,  That  the  proceedings 
for  the  acquisition  by  condemnation  of  the  property  and 
rights  herein  described  and  the  rights  of  all  parties  in- 
terested or  affected  thereby  shall  be  regulated  by  and  be  in 
accordance  with  the  provisions  of  The  Real  Property  Article 


ORDINANCES  841 

of  the  Annotated  Code  of  Maryland  (1974),  Title  12,  Section 
101  Et  Seq.  and  any  and  all  amendments  thereto. 

Sec.  4.  And  be  it  further  ordained,  That  the  said  Director 
of  The  Department  of  Public  Works  or  person  or  persons 
the  Board  of  Estimates  of  Baltimore  City  may  designate 
are  also  hereby  authorized  to  negotiate  for  and  to  enter 
into  in  the  name  of  the  Mayor  and  City  Council  of  Balti- 
more, any  and  all  necessary  agreements  with  the  federal 
and  state  Governments,  or  any  of  their  agencies,  and  any 
other  persons,  firms  or  corporations,  in  aid  of,  in  furtherance 
of,  or  in  connection  with  said  O'Donnell  Street  and  said 
right  of  way  for  Municipal  Services  and  Utilities ;  all  such 
acquisitions  and  agreements  to  be  subject  to  the  approval 
of  the  Board  of  Estimates. 

Sec.  5.  And  be  it  further  ordained,  That  after  the  neces- 
sary agreements  have  been  made  and  the  necessary  prop- 
erties, lands,  rights,  easements  and/or  franchises  have  been 
acquired  as  hereinbefore  provided,  the  Director  of  The 
Department  of  Public  Works  of  Baltimore  City  is  hereby 
authorized  and  directed  to  construct  or  cause  to  be  con- 
structed the  said  O'Donnell  Street  and  said  right  of  way 
for  Municipal  Services  and  Utilities,  all  in  accordance  with 
detailed  plans  hereafter  to  be  prepared  therefore  and 
after  said  plans  have  been  approved  by  the  said  Director 
of  the  Department  of  Public  Works. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  831 
(Council  No.  1565) 

An  Ordinance  designating  as  a  "Renewal  Area"  an  area 
situate  in  Baltimore  City,  Maryland,  known  as  Franklin 


842  ORDINANCES  Ord.  No.  831 

Square,  bounded  by  Mulberry  Street  on  the  north,  Carey 
Street  on  the  east,  Monroe  Street  on  the  west,  and  Booth 
Street  on  the  south ;  approving  a  Renewal  Plan  for  Frank- 
lin Square;  authorizing  the  acquisition  by  purchase  or 
by  condemnation  by  the  Mayor  and  City  Council  of 
Baltimore  for  urban  renewal  purposes  of  the  fee  simple 
interest  or  any  lesser  interest  in  and  to  certain  prop- 
erties within  Franklin  Square;  providing  for  review  by 
the  Department  of  Housing  and  Community  Develop- 
ment of  all  plans  for  new  construction,  exterior  reha- 
bilitation, or  change  in  use  within  Franklin  Square; 
establishing  procedures  for  the  issuance  and  denial  of 
demolition  permits;  providing  that  in  selling  land  in 
the  Franklin  Square  area  the  Department  of  Housing 
and  Community  Development  shall  require  that  devel- 
opers agree  in  writing  not  to  discriminate  in  the  sale, 
lease,  use  or  occupancy  of  the  property  developed  by 
them  against  any  person  because  of  race,  religion,  na- 
tional origin,  sex  or  color;  waiving  such  requirements, 
if  any,  as  to  content  or  procedure  for  the  preparation, 
adoption  and  approval  of  renewal  plans  as  set  forth  in 
Ordinance  No.  152,  approved  June  28,  1968,  as  amended 
by  Ordinance  No.  325,  approved  May  31,  1977,  which  the 
Renewal  Plan  for  Franklin  Square  may  not  meet;  es- 
tablishing standards  applicable  to  property  rehabilita- 
tion and  providing  penalties  for  violating  these  stand- 
ards ;  providing  for  the  separability  of  the  various  parts 
and  applications  of  this  ordinance ;  providing  that  where 
the  provisions  of  this  ordinance  shall  conflict  with  any 
other  ordinance,  code  or  regulation,  the  provision  which 
establishes  the  higher  standard  shall  prevail;  and  pro- 
viding for  the  effective  date  hereof. 

Whereas,  the  basic  goal  of  the  City  of  Baltimore  for 
Franklin  Square  is  to  achieve  a  strong  residential  neighbor- 
hood, including  supporting  commercial  and  public  facilities ; 
and 

Whereas,  in  accordance  with  the  provisions  of  Ordinance 
No.  152,  approved  June  28,  1968,  as  amended  by  Ordinance 
No.  325,  approved  May  31,  1977,  the  Franklin  Square  area 
has  been  found  to  be  in  need  of  undertakings  and  activities 
for  the  elimination,  the  correction,  or  the  prevention  of  the 


ORDINANCES  843 

development  or  the  spread  of  slums,  blight,  or  deterioration ; 
and 

Whereas,  a  portion  of  Franklin  Square  lies  within  the 
"Fremont-Monroe  Urban  Renewal  Area"  as  designated  by 
Ordinance  No.  514,  approved  June  27,  1969 ;  however,  it  is 
necessary  to  include  the  entire  Franklin  Square  area  within 
the  boundaries  of  an  approved  "Renewal  Area"  in  accord- 
ance with  the  provisions  of  Article  13  of  the  Baltimore 
City  Code  (1966  Edition)  as  amended  by  Ordinance  No. 
152,  approved  June  28,  1968  and  Ordinance  No.  325,  ap- 
proved May  31,  1977;  and 

Whereas,  THE  COMMISSIONER  OF  THE  DEPART- 
MENT OF  HOUSING  AND  COMMUNITY  DEVELOP- 
MENT, AFTER  CONSULTATION  WITH  the  Director  of 
the  Department  of  Planning,  acting  pursuant  to  powers 
vested  by  Section  23(a)  of  Article  13  of  the  Baltimore  City 
Code  (1966  Edition)  as  amended  by  Ordinance  No.  152,  ap- 
proved June  28,  1968  and  Ordinance  No.  325,  approved  May 
31,  1977,  has  heretofore  determined  that  the  entire  Franklin 
Square  area,  as  hereinbelow  more  particularly  described, 
may  be  benefited  through  the  exercise  of  those  functions 
and  powers  of  the  City  of  Baltimore  which  are  vested  in 
the  Department  of  Housing  and  Community  Development 
by  Ordinance  No.  152,  approved  June  28,  1968,  and  Ordi- 
nance No.  325,  approved  May  31,  1977,  and  has  recom- 
mended to  the  City  Council  that  an  ordinance  be  passed  to 
designate  the  entire  Franklin  Square  area  as  a  ''Renewal 
Area";  and 

Whereas,  under  Ordinance  No.  152,  approved  June  28, 
1968,  and  Ordinance  No.  325,  approved  May  31,  1977,  the 
Department  of  Housing  and  Community  Development  is 
authorized  to  prepare  and  administer  Renewal  Plans  in 
renewal  areas;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  Renewal  Plan  for  Franklin 
Square,  consisting  of  a  cover  page,  a  table  of  contents, 
twenty-three  (23)  pages  of  text,  and  four  (4)  exhibits; 
and 

Whereas,  the  Renewal  Plan  for  Franklin  Square  was 
approved  by  the  Director  of  the  Department  of  Planning 


844  ORDINANCES  Ord.  No.  831 

on  February  8,  1978  with  respect  to  its  conformity  as  to 
the  Master  Plan;  the  detailed  location  of  any  public  im- 
provements proposed  in  the  Renewal  Plan;  its  conformity 
to  the  rules  and  regulations  for  subdivisions;  and  its  con- 
formity to  existing  zoning  classifications ;  and  the  Renewal 
Plan  was  approved  and  recommended  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development  on 
March  28,  1978;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  it  is  hereby  found  and  determined  that 
the  area  known  as  Franklin  Square,  as  hereinbelow  more 
particularly  described,  may  be  benefited  through  the  exer- 
cise of  the  functions  and  powers  vested  in  the  Department 
of  Housing  and  Community  Development: 

Beginning  for  the  same  at  the  intersection  of  the  west 
side  of  X.  Monroe  Street  and  the  south  side  of  Mulberry 
Street;  thence  from  said  point  of  beginning  and  binding 
on  the  south  side  of  Mulberry  Street  easterly  to  intersect 
the  west  side  of  N.  Carey  Street;  thence  binding  on  the 
west  side  of  Carey  Street  southerly  to  intersect  the  south 
side  of  Booth  Street;  thence  binding  on  the  south  side  of 
Booth  Street  westerly  to  intersect  the  west  side  of  S.  Gilmor 
Street; 

thence  binding  on  the  west  side  of  S.  Gilmor  Street  north- 
erly to  intersect  the  southern  property  line  of  Lot  30,  Block 
212,  Section  7,  Ward  19 ;  thence  binding  on  said  property 
line  westerly  to  intersect  the  east  side  of  the  first  2'6" 
alley ;  thence  binding  on  the  east  side  of  said  alley  southerly 
to  intersect  the  south  side  of  the  first  10'  alley;  thence 
binding  on  the  south  side  of  said  alley  westerly  to  intersect 
the  west  side  of  S.  Vincent  Street;  thence  binding  on  the 
west  side  of  S.  Vincent  Street  northerly  to  intersect  the 
south  side  of  the  first  4'  alley ; 

thence  binding  on  the  south  side  of  said  alley  and  the 
northern  property  lines  of  Lots  12  through  16,  Block  212, 
Section  7,  Ward  19  generally  westerly  and  southerly  to 
intersect  the  east  side  of  S.  Mount  Street;  thence  binding 
on  the  east  side  of  S.  Mount  Street  northerly  to  intersect 
the  south  side  of  Frederick  Avenue ;  thence  binding  on  the 
south  side  of  Frederick  Avenue  southwesterly  to  intersect 


ORDINANCES  845 

the  west  side  of  S.  Fulton  Avenue;  thence  binding  on  the 
west  side  of  S.  Fulton  Avenue  northerly  to  intersect  the 
south  side  of  Booth  Street;  thence  binding  on  the  south 
side  of  Booth  Street  westerly  to  intersect  the  west  side  of 
S.  Monroe  Street;  thence  binding  on  the  west  side  of 
Monroe  Street  northerly  to  the  point  of  beginning. 

Sec.  4t  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser 
interest  in  and  to  certain  properties  or  portions  thereof, 
together  with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in 
all  streets,  alleys,  ways  or  lanes,  public  or  private,  both 
abutting  the  whole  area  described  and/or  contained  within 
the  perimeter  of  said  area,  situate  in  Baltimore  City, 
Maryland,  and  described  as  follows: 

1518-32  W.  BALTIMORE  STREET 

208  N.  Carey  Street 
210  N.  Carey  Street 
216  N.  Carey  Street 

1500  W.  Fayette  Street 

1501  W.  Fayette  Street 

1502  W.  Fayette  Street 

1503  W.  Fayette  Street 

1504  W.  Fayette  Street 

1505  W.  Fayette  Street 

1506  W.  Fayette  Street 

1507  W.  Fayette  Street 

1508  W.  Fayette  Street 

1509  W.  Fayette  Street 

1510  W.  Fayette  Street 
1514  W.  Fayette  Street 

1518  W.  Fayette  Street 

1519  W.  Fayette  Street 

1520  W.  Fayette  Street 

1521  W.  Fayette  Street 

1522  W.  Fayette  Street 

1523  W.  Fayette  Street 

1524  W.  Fayette  Street 
1526  W.  Fayette  Street 


&46  ORDINANCES  Ord.  No.  831 

1529  W.  Fayette  Street 

1530  W.  Favette  Street 

1531  W.  Fayette  Street 
1533  W.  Fayette  Street 
1535  W.  Fayette  Street 

1300  W.  Lexington  Street 

1302  W.  Lexington  Street 

1312  W.  Lexington  Street 

1316  W.  Lexington  Street 

1318  W.  Lexington  Street 
1320-22  W.  Lexington  Street 

1324  W.  Lexington  Street 

Sec.  &t  3.  And  be  it  further  ordained,  That  it  may  be  nec- 
essary to  acquire  by  purchase  or  by  condemnation  for 
urban  renewal  purposes  the  fee  simple  interest  or  any 
lesser  interest  in  and  to  such  of  the  remaining  properties 
or  portions  thereof  in  Franklin  Square  not  specifically  des- 
ignated for  acquisition  in  Section  4  2  of  this  ordinance,  as 
may  be  deemed  necessary  and  proper  by  the  Commissioner 
of  the  Department  of  Housing  and  Community  Develop- 
ment to  effect  the  proper  implementation  of  the  project. 
These  properties  may  include: 

(a)  any  property  in  the  project  area  containing  a  non- 
salvable  structure,  i.e.,  a  structure  which  in  the  opinion 
of  the  Commissioner  of  the  Department  of  Housing  and 
Community  Development  cannot  be  economically  rehabil- 
itated. 

(b)  any  property  the  owner  of  which  is  unable  or  un- 
willing to  comply  or  conform  to  the  codes  and  ordinances 
of  Baltimore  City  within  12  months  from  the  date  of 
written  notice  of  the  required  improvements,  the  Depart- 
ment of  Housing  and  Community  Development,  after  due 
consideration  that  the  property  owner  has  failed  to  achieve 
substantial  conformity  with  the  codes  and  ordinances  of 
Baltimore  City,  may  acquire  such  property  pursuant  to  the 
Eminent  Domain  Law  of  this  State  as  if  the  property 
had  originally  been  planned  for  acquisition  after  90  days 
written  notice  to  the  owner.  The  Department  of  Housing 
and  Community  Development  reserves  the  right  to  acquire 
any  such  non-complying  property  for  a  period  of  two  (2) 


ORDINANCES  847 

years  from  the  date  of  said  written  90  days  notice  by 
the  Department  of  Housing  and  Community  Development. 

Sec.  £t  4.  And  be  it  further  ordained,  That  it  may  be  nec- 
essary to  acquire  by  purchase  or  by  condemnation  for 
urban  renewal  purposes  the  fee  simple  interest  or  any 
lesser  interest,  in  and  to  such  of  the  remaining  properties 
or  portions  thereof  in  Franklin  Square  not  designated  for 
acquisition  in  addition  to  those  properties  enumerated  in 
Sections  4  an4  £  2  AND  3  of  this  ordinance,  in  order  to 
carry  out  rehabilitation  by  the  Department  of  Housing  and 
Community  Development  because: 

(a)  it  is  necessary  to  make  residential  structures  avail- 
able for  use  for  low-  and  moderate-income  families;  or 

(b)  rehabilitation  on  a  structure-by-structure  basis  is 
infeasible,  and  assemblage  of  a  group  of  properties  is 
required  to  carry  out  the  objectives  set  forth  in  the  renewal 
plan;  or 

(c)  rehabilitation  of  individual,  scattered  properties  is 
necessary  in  order  to  remove  blighting  influences  from 
otherwise  sound  residential  blocks. 

Sec.  £t  5.  And  be  it  further  ordamed,  That  upon  acquisi- 
tion of  the  properties  mentioned  in  Sections  5  as4  £  3  AND 
4  of  this  ordinance,  the  Department  of  Housing  and  Com- 
munity Development  will  either: 

(a)  demolish  the  structure  or  structures  thereon  and 
dispose  of  the  land  for  redevelopment  for  uses  in  accord- 
ance with  the  renewal  plan;  or 

(b)  sell  or  lease  the  property  subject  to  rehabilitation 
in  conformance  with  the  codes  and  ordinances  of  Baltimore 
City;  or 

(c)  rehabilitate  the  property  in  conformance  with  the 
codes  and  ordinances  of  Baltimore  City  and  dispose  of  the 
property  in  accordance  with  the  applicable  regulations.  If 
sale  cannot  be  consummated  by  the  time  rehabilitation  is 
accomplished,  property  may  be  rented  pending  continuing 
sale  efforts. 


848  ORDINANCES  Ord.  No.  831 

Sec.  St  6.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  persons  and  in  such  manner  as  the  Board  of  Esti- 
mates, in  the  exercise  of  the  power  vested  in  it  by  Article 
V,  Section  5,  of  the  Baltimore  City  Charter,  may  hereafter 
from  time  to  time  designate,  is  or  are  authorized  to  acquire 
on  behalf  of  the  Mayor  and  City  Council  of  Baltimore  and 
for  the  purposes  described  in  this  ordinance  the  fee  simple 
interest  or  any  lesser  interest  in  and  to  the  properties  or 
portions  thereof  hereinabove  mentioned.  If  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  unable 
to  agree  with  the  owner  or  owners  on  the  purchase  price 
for  said  properties  or  portions  thereof,  it  or  they  shall 
forthwith  notify  the  City  Solicitor  of  Baltimore  City,  who 
shall  thereupon  institute  in  the  name  of  the  Mayor  and 
City  Council  of  Baltimore  the  necessary  legal  proceedings 
to  acquire  by  condemnation  the  fee  simple  interest  or  any 
lesser  interest  in  and  to  said  properties  or  portions  thereof. 

Sec.  &t  7.  And  be  it  further  ordained,  That  all  plans  for 
new  construction  (including  parking  lots),  exterior  re- 
habilitation or  change  in  use  of  any  property  not  to  be 
acquired  under  the  provisions  of  the  renewal  plan  shall  be 
submitted  to  the  Department  of  Housing  and  Community 
Development  for  review.  Only  upon  finding  that  the  pro- 
posed plans  are  consistent  with  the  objectives  of  the  urban 
renewal  plan  shall  the  Commissioner  of  the  Department  of 
Housing  and  Community  Development  authorize  the  pro- 
cessing of  the  plans  for  issuance  of  a  building  permit.  The 
provisions  of  this  section  are  in  addition  to  and  not  in  lieu 
of  all  other  applicable  laws  and  ordinances  relating  to  new 
construction. 

Sec.  4£t  8.  And  be  it  further  ordained,  That  all  applica- 
tions for  demolition  permits  shall  be  submitted  to  the  Depart- 
ment of  Housing  and  Community  Development  for  review 
and  approval.  Upon  finding  that  the  proposed  demolition  is 
consistent  with  the  objectives  of  the  urban  renewal  plan, 


ORDINANCES  849 

the  Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  shall  authorize  the  issuance  of  the 
necessary  permit.  If  the  Commissioner  finds  that  the  pro- 
posal is  inconsistent  with  the  objectives  of  the  urban  re- 
newal plan  and  therefore  denies  the  issuance  of  the  permit, 
he  shall  seek  approval  of  the  Board  of  Estimates  to  acquire 
for  and  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more the  property,  in  whole  or  in  part,  on  which  said  dem- 
olition was  to  have  occurred  by  purchase,  lease,  condemna- 
tion, gift  or  other  legal  means  for  the  renovation,  reha- 
bilitation and  disposition  thereof.  In  the  event  that  the 
Board  of  Estimates  does  not  authorize  the  acquisition,  the 
Commissioner  shall  without  delay,  issue  the  demolition 
permit. 

Sec.  44t  9.  And  be  it  further  ordained,  That  in  selling  or 
otherwise  disposing  of  property  in  the  Franklin  Square 
area,  the  Department  of  Housing  and  Community  Develop- 
ment shall  require  that  the  developer  agree  in  writing  not 
to  discriminate  in  the  sale,  lease,  use  or  occupancy  of  the 
property  developed  by  them  against  any  person  because 
of  race,  religion,  national  origin,  sex  or  color. 

Sec.  42t  10.  And  be  it  further  ordained,  That  over  and 
above  the  codes  and  ordinances  of  the  City  of  Baltimore,  the 
following  additional  standards  shall  be  applied  to  all  non- 
residential properties  within  the  project  area,  whether 
occupied  or  vacant,  and  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development  shall  not 
approve  any  permits  which  are  not  consistent  with  these 
standards : 

Non-Residential  Rehabilitation  Standards 

(1)     Roofs 

(a)     General  Provisions 

i.  All  roof-mounted  signs  and  unused  roof  hardware 
shall  be  removed. 

ii.  Rooftop  mechanical  equipment  shall  be  located  far 
enough  back  from  the  edge  of  the  roof  so  that  it  cannot  be 
seen  from  the  sidewalk  across  the  street,  either  in  front 
of  or  to  one  side  of  the  building.  Functional  equipment 


850  ORDINANCES  Ord.  No.  831 

may  be  retained  until  major  repair  or  replacement  of  the 
equipment  becomes  necessary,  at  which  time  it  shall  be 
removed  from  view.  All  mechanical  equipment  shall  be 
painted  with  a  flat  paint  in  a  color  compatible  with  the 
color  of  the  front  of  the  building  upon  which  it  rests. 
Equipment,  such  as  water  towers  with  redwood  slats,  which 
would  have  their  operation  impaired  by  the  addition  of 
paint  and  which  are  of  acceptable  visual  quality,  shall  be 
permitted. 

iii.  All  chimneys,  elevator  penthouses  or  other  auxiliary 
structures  on  the  roofs  shall  be  clean  and  in  good  repair. 
All  deteriorated  masonry  chimneys  shall  be  either  removed 
or  restored.  All  future  metal  chimneys  shall  be  located 
so  that  they  cannot  be  seen  from  the  sidewalk  across  the 
streets  either  in  front  of,  or  to  one  side  of,  the  building. 

iv.  Flashing  visible  from  the  sidewalk  must  be  neat 
and  free  of  pitch.  Visible  flashing  shall  be  painted  to 
match  the  surface  of  wall  above  it. 

v.  All  gutters  and  rain  water  leaders  must  be  in  good 
condition.  Copper  half-round  gutters  shall  be  used  on  the 
front  or  side  of  a  building  and  may  be  exposed.  Painted 
metal,  vinyl  or  stainless  steel  gutters  and  rain  water  leaders 
may  be  used  at  the  rear  of  the  building. 

(b)  For  pitched  roof  visible  from  the  sidewalk  across 
the  street  either  in  front  of,  or  to  one  side  of  a  building 
the  following  additional  roof  requirements  shall  apply: 

i.  The  finished  roofing  material  shall  be  clean  and  in 
good  state  of  repair. 

ii.  The  finished  roofing  material  shall  be  limited  to  one 
of  the  following: 

terne  metal 

standing  seam,  painted  sheet  metal  roofing 

shingle  or  tile 

slate 

iii.  The  finished  roofing  material  shall  have  a  color  com- 
patible with  the  building  color  scheme. 


ORDINANCES  851 

iv.  Dormers  shall  be  compatible  with  the  design  of  the 
buildings  street  facade.  The  finish  materials  and  colors 
shall  be  harmonious  with  both  the  roof  and  facade  of  the 
buildings. 

v.  Skylights  shall  be  of  low  profile  and  all  metal  parts 
shall  match  the  roofing  material.  Skylights  shall  be  kept 
to  the  rear  of  the  ridge  of  the  roof. 

(2)     Exterior  Walls 

(a)  All  of  the  exterior  walls  of  all  structures  located 
in  the  project  area  and  used  entirely  or  in  part  for  com- 
mercial purposes  shall  be  included  in  this  requirement. 

(b)  All  miscellaneous  elements  on  the  exterior  walls 
of  the  structures  such  as  empty  electrical  boxes,  conduits, 
pipes,  unused  sign  brackets,  etc.,  shall  be  removed. 

(c)  All  brick  walls  shall  be  cleaned,  repaired,  and  re- 
pointed  as  required.  Brick  walls  shall  be  either  preserved 
in  their  natural  color  or  painted  a  color  compatible  with 
the  colors  of  neighboring  structures. 

(d)  All  natural  stone  walls  SHALL  be  cleaned,  re- 
paired, and  pointed. 

(e)  All  stucco  surfaces  shall  be  cleaned  and  repaired. 
New  stucco  surfaces  shall  have  a  sand  texture.  All  stucco 
surfaces  shall  be  in  a  color  compatible  with  the  colors  of 
the  neighboring  structures. 

(f)  No  new  formstone  finishes  shall  be  permitted.  All 
defective  formstone  finishes  shall  be  removed  and  the  brick 
walls  behind  them  restored.  Walls  now  covered  with  form- 
stone that  is  not  defective  shall  be  permitted  for  five  yearsr 
FROM  THE  DATE  OF  ENACTMENT  OF  THE  ORDI- 
NANCE APPROVING  THIS  RENEWAL  PLAN. 

(g)  All  rotten,  broken  or  deteriorated  wood  siding  shall 
be  replaced.  Existing  material  in  sound  condition  and  per- 
missible under  the  Baltimore  City  Building  Code  shall  be 
cleaned,  stripped,  and  painted.  All  wood  siding  shall  be 
designed  to  be  compatible  with  the  design  of  the  building 
and  the  neighborhood. 

(h)  Existing  metal  siding  which  is  undamaged,  struc- 
turally sound,  and  permissible  under  the  Baltimore  City 


852  ORDINANCES  Ord.  No.  831 

Building  Code  may  be  retained.  All  other  metal  siding 
shall  be  removed  and  replaced  with  a  permissible  material 
compatible  with  the  design  of  the  building  and  the  neigh- 
borhood. All  metal  siding  that  remains  shall  be  kept  clean, 
in  a  good  state  of  repair,  and  in  a  color  compatible  with 
the  colors  of  the  neighboring  structures. 

(3)     Architectural  Details 

(a)  Cornices — Where  cornices  exist,  they  shall  be  re- 
stored to  their  original  design.  The  removal  of  cornice 
work,  without  prompt  replacement  of  similar  design,  will 
not  be  permitted.  Where  cornices  have  been  removed  dur- 
ing previous  renovation  work,  new  cornices  shall  be  in- 
stalled. New  cornices  shall  be  compatible  with  the  design 
of  the  building. 

(b)  Windows — All  of  the  windows  in  a  single  facade 
shall  be  of  matching  design.  All  window  openings  shall 
have  the  same  height  and  width  they  did  at  the  time  that 
the  wall  in  which  the  openings  are  located  was  originally 
built.  Filling  in  these  openings  at  the  top,  bottom  or  sides 
is  not  permitted.  The  following  additional  requirements 
shall  apply  for  all  new  windows : 

i.  All  windows  shall  have  wood  frames,  sash  and  mul- 
lions  or  appearance  of  the  same.  Vinyl  clad  wood  or  metal 
or  other  weather  resistant  materials  may  be  used  provided 
that  they  are  kept  painted  or  have  an  acceptable  integral 
color. 

ii.  All  windows  shall  be  kept  in  good  repair  and  properly 
painted. 

iii.  Ornamental  window  grills  GRILLES  and  balconetts 
BALCONETTES  may  be  incorporated  as  a  decorative  or 
security  device. 

iv.  The  lintels  over  windows  shall  be  preserved  or 
restored.  Rotten  wood  lintels  shall  be  replaced  with  con- 
cealed steel  lintels.  Brick  archwork  and  stone  lintels  shall 
be  restored. 

v.  Window  sills  shall  be  preserved,  replaced  and  re- 
stored to  match  the  original  design  of  the  building. 


ORDINANCES  853 

vi.  Boarding-up  or  filling-in  windows  on  the  front  fa- 
cades of  occupied  properties  is  not  permitted. 

vii.  Windows  facing  alleys,  yards,  or  side  streets  may 
be  fillcd-in  FILLED  IN  provided  that  the  finished  appear- 
ance is  of  windows  behind  closed  shutters.  The  shutters 
shall  be  compatible  with  the  design  of  the  building  and  of 
the  neighboring  structures. 

(c)  Doomvays  and  Entrances — In  cases  where  there  are 
doorways  to  buildings  that  are  not  incorporated  in  the 
storefront,  the  character  of  the  original  doorway  shall  be 
preserved.  Where  possible,  the  original  style  of  these  door- 
ways, including  solid,  panelled,  wood  doors,  wood  frames, 
brick  or  stone  sills,  transoms,  and  glazed  sidelights,  shall 
be  incorporated  into  the  design  of  the  remodelled  REMOD- 
ELED shopfront.  The  following  additional  requirements 
shall  apply  to  all  doorways  and  entrances : 

i.  Storm  and  screen  doors  shall  be  compatible  with  en- 
trance doors. 

ii.  Hardware  visable  from  the  outside  shall  be  in  char- 
acter with  the  original  hardware.  Closers,  hasps,  and  locks, 
mounted  on  the  exterior  surface  of  doors,  are  not  permitted. 

iii.  Any  grills,  GRILLES,  bars  and  grates  covering 
doors  or  windows  shall  be  designed  to  be  compatible  with 
the  design  of  the  building  and  of  the  neighboring  structures. 

iv.  Doorways  shall  be  designed  with  consideration  for 
the  needs  of  the  handicapped  and  the  elderly. 

v.  Where  steps  or  stoops  are  required  at  a  doorway  or 
entrance  they  shall  be  designed  to  match  the  original  de- 
sign. In  cases  where  there  are  more  than  two  risers,  the 
steps  or  stoops  shall  be  provided  with  a  railing  of  com- 
patible design. 

(d)  Shop  fronts — The  following  requirements  shall  be 
applied  to  all  shopfronts: 

i.  All  extraneous  and  unused  hardware,  signing  and 
equipment  shall  be  removed. 

ii.  All  broken,  rotten  or  damaged  elements  shall  be  re- 
moved and  replaced  with  elements  that  are  harmonious 
with  the  design  of  the  building  and  with  the  neighborhood. 


854  ORDINANCES  Ord.  No.  831 

iii.  "Cararra  Glass"  and  ribbed  or  patterned  metal  are 
not  permitted  as  acceptable  replacement  materials  for 
shopfronts. 

iv.  At  such  time  as  sign  panels  covering  or  replacing 
shop  cornices  are  removed  or  deemed  to  need  replacement 
they  shall  be  taken  down  and  the  cornice  restored. 

v.  New  storefronts  that  project  beyond  the  original 
front  lines  of  the  stores  are  not  permitted. 

vi.  Awnings  are  permitted  provided  that  they  are  con- 
structed of  soft,  flame  retardant  material  and  are  able  to 
be  retracted  to  the  face  of  the  building  when  not  in  use. 
The  awnings  and  the  housing  into  which  they  are  retracted 
shall  be  designed  to  be  compatible  with  the  design  of  the 
building  and  with  the  neighborhood. 

vii.  Grates,  bars,  and  grills  GRILLES  shall  be  designed 
so  as  to  be  inconspicuous  as  possible.  They  shall  be  kept 
painted  and  free  of  rust.  In  all  cases  they  shall  be  kept  open 
during  the  normal  daylight  business  hours  of  the  commu- 
nity. Non-metal  grills  GRILLES  and  screens  shall  be  pro- 
hibited. Enclosures  and  housings  for  security  grills 
GRILLES  and  screens  shall  be  as  inconspicuous  as  possible 
and  shall  be  compatible  with  the  design  of  the  shopfront. 

viii.  Solid  or  permanently  enclosed  or  covered  shop- 
fronts  shall  not  be  permitted.  Where  the  window  treatment 
of  the  first  floor  is  to  be  modified,  such  that  the  window 
openings  will  be  made  smaller,  these  new  openings  will 
not  be  smaller  in  size  than  the  openings  of  the  second  or 
third  floor  windows  of  the  subject  structure.  These  new 
windows  shall  be  chosen  to  be  in  character  with  the  upper 
windows  in  the  structure. 

ix.  All  elements  of  the  fronts  of  shops  shall  be  har- 
monious and  of  integral  design.  The  practice  of  "patching" 
or  layering  materials  one  on  top  of  the  other  is  not  per- 
mitted. Damaged  parts  shall  be  replaced  so  as  to  be  un- 
detectable as  a  replacement  part. 

x.  Stoops,  recessed  entrances  and  doorways  shall  be 
designed  where  possible  to  eliminate  steps  and  thresholds 
that  may  prove  difficult  for  the  handicapped  or  the  elderly. 


ORDINANCES  855 

(e)  Signs  and  Exterior  Lighting — The  following  re- 
quirements shall  be  applied  to  all  shopf ronts : 

i.  No  EXCEPT  FOR  BILLBOARDS,  NO  signs  other 
than  those  identifying  the  property  where  they  are  installed 
or  identifying  the  business  conducted  within  shall  be  per- 
mitted* Advertising  AND  ADVERTISING  by  material 
or  product  manufacturers  shall  not  be  permitted  except 
as  the  primary  identification  of  the  establishment. 

ii.  Rooftop  signs,  above  the  parapet  of  the  building, 
billboards  or  outdoor  advertising  signs  painted  or  mounted 
^  the  buildings  EXCEPT  FOR  BILLBOARDS  shall  not  be 
permitted. 

iii.     Flashing  or  moving  signs  shall  not  be  permitted. 

ivr  No  lease  for  billboard  signs  expiring  after  the  date 
of  onactmont  of  this  Plan  may  be  renewed* 

¥r  All  non-conforming  signs  o»  building  fronts  shall 
fee  removod  at  the  time  rehabilitation  work  is  undertaken ■ 
All  other  signs  must  fee  removod  within  twelve  months 
after  the  passage  of  the  ordinance  approving  this  Plan* 

IV.  EXCEPT  FOR  BILLBOARDS,  ALL  NON-CON- 
FORMING SIGNS  ON  BUILDING  FRONTS  SHALL  BE 
REMOVED  AT  THE  TIME  REHABILITATION  WORK 
IS  UNDERTAKEN,  AND  ALL  NON-CONFORMING 
SIGNS  OTHER  THAN  ON  BUILDING  FRONTS  SHALL 
BE  REMOVED  WITHIN  TWELVE  (12)  MONTHS 
AFTER  THE  PASSAGE  OF  THE  ORDINANCE  AP- 
PROVING THIS  PLAN. 

v-ir  V.  When  the  rehabilitation  work  is  undertaken  on 
building  fronts,  all  new  flat  signs  will  be  erected  parallel 
to  the  face  of  building  and  shall  be  incorporated  in  the 
design  of  the  shopfront.  If  the  shopfront  design  includes 
a  cornice,  the  sign  shall  be  incorporated  in  the  cornice  de- 
sign or  shall  be  placed  in  the  shop  window.  If  a  shopfront 
cornice  is  not  used,  the  sign  shall  be  placed  either  in  the 
shop  window  or  on  the  portion  of  the  building  facade 
above  the  shop  window  and  below  the  sill  of  the  second 
floor  windows. 

v4ir  VI.  Signs  may  be  printed  on  the  inside  surface  of  the 
shopf  ronts  but  must  be  designed  to  be  compatible  with  the 


856  ORDINANCES  Ord.  No.  831 

design  of  the  entire  facade.  Signs  painted  on  the  facade 
or  on  the  inside  glass  should  be  limited  to  lettering  no 
greater  than  6"  in  height.  When  these  signs  are  the  only 
identifying  sign  for  the  property,  they  can  use  12"  letter- 
ing. These  signs  shall  not  exceed  20%  of  the  area  of  the 
shopfront  window. 

viiir  VII.  Signs  may  be  a  maximum  of  36"  high  and  project 
not  more  than  12"  from  the  outside  face  of  the  exterior 
wall.  All  signs  shall  be  designed  to  be  harmonious  with 
the  design  of  the  building  facade  and  the  neighboring 
structures. 

ixr  VIII.  Sign  lettering  shall  be  constructed  of  materials 
compatible  with  the  character  of  the  building. 

Xt  IX.  No  future  signs  will  be  permitted  to  be  mounted  at 
right  angles  to  the  face  of  the  buildings. 

xir  X.  Secondary  signs  shall  be  permitted  for  the  identi- 
fication of  commercial  tenants  occupying  the  upper  floors 
of  a  building.  Such  signs  shall  not  project  more  than  one 
inch  beyond  the  face  of  the  building  and  shall  not  be 
greater  than  three  square  feet  in  size.  These  signs  shall 
be  designed  to  be  harmonious  with  the  facade  of  the 
building  and  shall  be  placed  no  higher  than  the  sill  of  the 
second  story  window. 

xiir  XI.  Signs  may  be  incorporated  in  the  design  of  any 
awning  included  in  the  design  of  a  shopfront  provided  such 
signs  are  compatible  with  both  the  design  of  the  building 
and  the  awning. 

xiiir  XII.  Exterior  lighting  shall  be  limited  to  lighting  fix- 
tures designed  to  be  in  harmony  with  the  character  of  the 
buildings  and  the  street.  Such  fixtures  shall  be  mounted 
in  the  entrance  ways  and  on  the  front  facade  of  the  build- 
ing. Flood  lighting  concealed  above  a  shopfront  cornice 
may  be  used  to  light  the  facades  of  THE  building.  Lighting 
of  the  shops  will  be  encouraged  during  the  evening  hours  at 
times  agreed  upon  by  the  Merchants'  Association. 

xivr  XIII.  Lighting  of  the  facades  of  the  buildings  may  be 
accomplished  with  projecting  fixtures  at  the  roof  line  or 
at  the  shopfront  cornice  line.  Such  fixtures  shall  be  in- 
conspicuous, harmonious  with  the  design  of  the  building 
and  project  no  more  than  24"  from  the  face  of  the  building. 


ORDINANCES  857 

xvr  XIV.  "Temporary  signs"  may  be  displayed  within 
shopfront  windows  provided  that  these  signs  are  not  larger 
than  one-third  the  square  foot  area  of  the  window  in  which 
they  are  displayed  and  are  on  display  not  more  than  thirty 
consecutive  days. 

xv4t  XV.  No  private  sign  shall  be  permitted  except  as  al- 
lowed in  these  guidelines  or  as  otherwise  authorized  by  the 
Department  of  Housing  and  Community  Development. 

xviL  XVI.  Electrical  elements  such  as  wires,  conduits, 
junction  boxes,  transformers,  ballasts,  switches,  and  panel 
boxes  shall  be  concealed  from  view. 

(f )  Color  Schemes — All  colors  and  color  schemes  used 
in  the  project  area  shall  be  harmonious  with  the  designs  of 
the  buildings  in  the  neighborhood. 

(g)  Auxiliary  Structures — Structures  at  the  rears  of 
buildings  attached  or  unattached  to  the  principal  commercial 
structure  which  are  found  by  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development  to  be 
structurally  deficient,  shall  be  properly  repaired  or  de- 
molished. 

(h)  Rear  Yards — Where  a  rear  yard  exists  or  is  created 
through  the  demolition  of  structures,  the  owner  shall  con- 
dition the  open  area  in  one  of  the  following  ways  as  out- 
lined below.  The  owner  shall  submit  his  proposal  for  use 
of  space  to  the  Commissioner  of  the  Department  of  Housing 
and  Community  Development  for  approval. 

i.     Enclosure  of  Yards 

A  rear  yard  shall  be  enclosed  along  the  side  and  rear 
property  lines  by  a  masonry  wall  at  least  five  feet  six 
inches  in  height  consistent  and  harmonious  with  the  rear 
walls  of  the  building  and  solid  doors  or  solid  gates  for 
access  and  delivery  SHALL  BE  PROVIDED  to  the  extent 
necessary.  Use  of  barbed  wire  or  broken  glass  on  top  of 
walls  shall  not  be  permitted. 

ii.     Provisions  of  Parking  Area 

An  unenclosed  rear  yard  may  be  used  as  a  parking  or 
loading  area  providing  that  it  is  properly  paved,  illumi- 


858  ORDINANCES  Ord.  No.  831 

nated,  and  maintained.  A  sign  not  exceeding  six  (6)  square 
feet  may  be  used  to  identify  and  control  parking  and 
loading.  Merchants  shall  be  responsible  for  the  maintenance 
of  parking  areaS  in  a  neat  and  clean  manner.  No  storage 
of  trash  containers  shall  be  allowed  in  this  area  except 
when  housed  in  permanent  structures  of  acceptable  design. 
The  parking  area  may  terminate  at  the  rear  of  the  building, 
or  at  an  enclosed  rear  yard  conforming  with  the  provisions 
of  (h)(i)  above. 

(i)     Refuse  Storage 

All  outdoor  refuse  storage  areas  shall  be  screened  from 
the  view  of  adjacent  properties  and  public  rights-of-way. 
Screening  shall  consist  of  a  masonry  wall  or  durable  fence, 
or  combination  thereof,  not  less  than  four  feet  nor  more 
than  eight  feet  in  height.  In  lieu  of  such  wall  or  fence,  a 
compact  evergreen  hedge  of  not  less  than  four  feet  in 
height  at  the  time  of  original  planting  may  be  used. 

(J)     Off -Street  Loading 

Where  possible  non-residential  establishments  shall  have 
off-street  loading  and  unloading  areas. 

(k)     Off-Street  Parking 

All  parking  areas  shall  be  effectively  screened  from  ad- 
joining residential  areas  and  shall  have  adequate  landscap- 
ing and  screening  on  property  lines  adjacent  to  public 
sidewalks. 

(1)     Compliance 

No  alteration  or  improvement  work  shall  be  undertaken 
after  enactment  of  the  ordinance  approving  this  Plan  which 
does  not  conform  with  the  requirements  herein. 

Nothing  herein  shall  be  construed  to  permit  any  sign, 
construction,  alteration,  change,  repair,  use  or  any  other 
matter  otherwise  forbidden  or  restricted  or  controlled  by 
any  other  public  law. 

The  work  necessary  to  meet  the  requirements  herein 
shall  be  undertaken  within  two  years  from  the  date  of 
enactment  of  the  ordinance  approving  this  Plan  and  shall 


ORDINANCES  859 

be  completed  promptly  in  accordance  with  notice  from  the 
Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development. 

c.     Review  of  Rehabilitation  Plans 

(1)  Designs  for  all  building  improvements,  modifica- 
tion, repair,  rehabilitation  or  painting  concerning  the  ex- 
terior of  the  existing  buildings,  their  yards  or  their  show 
windows,  and  for  all  signs,  shall  be  submitted  to  the  Com- 
missioner of  the  Department  of  Housing  and  Community 
Development  and  written  approval  by  the  Department  shall 
be  required  before  proceeding  with  the  work. 

(2)  The  Commissioner  of  the  Department  of  Housing 
and  Community  Development  shall  be  concerned  with  all 
aspects  of  the  designs  affecting  exterior  appearance  and  in 
particular  with  the  following: 

— Design  of  show  windows  and  entrance  area,  including 
choice  of  materials  and  types  of  security  devices ; 

— Design  of  signs,  methods  of  illumination,  colors,  ma- 
terials, methods  of  suspension ; 

— Conditioning  of  rear  yard  spaces,  location  of  delivery 
signs; 

—Design  of  awnings  and  canopies; 

— Refuse  collection  details; 

— All  other  exterior  materials  and  colors; 

— Landscape  materials  and  design. 

The  Commissioner's  review  shall  be  guided  by  the  prop- 
erty rehabilitation  objectives  and  the  property  rehabili- 
tation standards. 

Sec.  4&r  11.  And  be  it  further  ordained,  That  any  person 
violating  any  of  the  provisions  of  Section  42  10  of  this  ordi- 
nance shall  be  guilty  of  a  misdemeanor  and  shall  be  subject 
to  a  fine  not  exceeding  One  Hundred  Dollars  ($100.00)  and 
that  each  day's  violation  shall  constitute  a  separate  offense. 

Sec.  44t  12.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  renewal  plan  approved  hereby  for  the 


860  ORDINANCES  Ord.  No.  831 

Franklin  Square  area  may  not  meet  the  requirements  as  to 
the  content  of  a  renewal  plan  or  the  procedure  for  the  prep- 
aration, adoption,  and  approval  of  renewal  plans  as  pro- 
vided in  Ordinance  No.  152,  approved  June  28,  1968,  and 
Ordinance  No.  325,  approved  May  31,  1977,  the  said  re- 
quirements are  hereby  waived  and  the  renewal  plan 
approved  hereby  is  exempted  therefrom. 

Sec.  45t  13.  And  be  it  further  ordained,  That  in  the  event 
it  be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  is  invalid,  the  remain- 
ing provisions  and  application  of  such  provisions  to  other 
persons  or  circumstances  shall  not  be  affected  thereby,  the 
Mayor  and  City  Council  hereby  declaring  that  they  would 
have  ordained  the  remaining  provisions  of  this  ordinance 
without  the  word,  phrase,  clause,  sentence,  paragraph,  sec- 
tion or  part  or  the  application  thereof  so  held  invalid. 

Sec.  4£t  14.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  build- 
ing, electrical,  plumbing,  health,  fire  or  safety  ordinance  or 
code  or  regulation,  the  applicable  provisions  concerned  shall 
be  construed  so  as  to  give  effect  to  each ;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  standard 
for  the  promotion  and  protection  of  the  public  health  and 
safety  shall  prevail.  In  any  case  where  a  provision  of  this 
ordinance  is  found  to  be  in  conflict  with  an  existing  pro- 
vision of  any  other  ordinance  or  code  or  regulation  in  force 
in  the  City  of  Baltimore  which  establishes  a  lower  standard 
for  the  promotion  and  protection  of  the  public  health  and 
safety,  the  provision  of  this  ordinance  shall  prevail,  and 
the  other  existing  provision  of  such  other  ordinance  or 
code  or  regulation  is  hereby  repealed  to  the  extent  that  it 
may  be  found  in  conflict  with  this  ordinance. 

Sec.  iTr  15.  And  be  it  further  ordained,  That  this  ordi- 
nance shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  861 

No.   832 
(Council  No.  1578) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in 
accordance  with  Article  V,  Section  5(b)  of  the  City 
Charter,  all  of  the  interest  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  in  and  to  that  parcel  of  land  known  as 
School  No.  1  (520  W.  Fayette  Street),  Baltimore,  Mary- 
land, said  property  being  no  longer  needed  for  public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  pri- 
vate sale  in  accordance  with  Article  V,  Section  5(b)  of  the 
City  Charter,  all  of  the  interest  of  the  Mayor  and  City 
Council  of  Baltimore  in  and  to  that  parcel  of  land  situate 
in  Baltimore,  Maryland,  and  described  as  follows : 

BEGINNING  for  the  same  at  the  point  formed  by  the 
intersection  of  the  north  side  of  Fayette  Street,  as  now 
laid  out  66  feet  wide,  and  the  east  side  of  Greene  Street, 
as  now  laid  out  66  feet  wide,  said  point  of  beginning  being 
the  beginning  of  the  parcel  of  land  leased  by  Lydia  E. 
Hollingsworth  to  the  Mayor  and  City  Council  of  Baltimore 
by  lease  dated  October  19,  1855  and  recorded  among  the 
Land  Records  of  Baltimore  City  in  Liber  E.D.  No.  92,  Folio 
453  and  running  thence  binding  in  part  reversely  on  the 
last  line  of  said  lease,  in  part  on  the  first  line  of  the  parcel 
of  land  conveyed  by  Ichabod  Jean  to  the  Mayor  and  City 
Council  of  Baltimore  by  deed  dated  May  12,  1873  and  re- 
corded among  said  Land  Records  in  Liber  G.R.  No.  612, 
Folio  456  and  in  all,  on  the  east  side  of  said  Greene  Street, 
Northerly  97  feet,  more  or  less ; 

thence  binding  on  the  second  and  third  lines  of  last  said 
deed  the  two  following  courses  and  distances;  namely, 
Easterly  100  feet,  more  or  less,  and  Southerly  33  feet,  more 
or  less,  to  intersect  the  third  line  of  said  lease ;  thence  bind- 
ing reversely  on  part  of  the  third  line  of  said  lease,  to  the 
beginning  thereof,  Easterly  2  feet,  more  or  less;  thence 
binding  reversely  on  the  second  line  of  said  lease,  Southerly 
64  feet,  more  or  less,  to  the  aforesaid  north  side  of  Fayette 
Street  and  thence  binding  on  the  north  side  of  said  Fayette 


862  ORDINANCES  Ord.  No.  833 

Street  and  reversely  on  the  first  line  of  said  lease,  there 
situate,  Westerly  102  feet,  more  or  less,  to  the  place  of  be- 
ginning and  being  known  as  School  No.  1  (520  W.  Fayette 
Street). 

Said  property  being  no  longer  needed  for  public  use. 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained.  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  833 
(Council  No.  1586) 

An  Ordinance  to  condemn  and  open,  (1)  Lucille  Avenue, 
50  feet  wide,  and  extending  from  Reisterstown  Road, 
Southwesterly  112  feet  to  the  end  thereof,  (2)  an  alley, 
12  feet  wide,  laid  out  100  feet  southwest  of  Reisterstown 
Road,  and  extending  from  Lucille  Avenue,  Northwesterly 
117.50  feet  to  the  line  of  the  southeast  side  of  a  7  foot 
alley  laid  out  110.50  feet  southeast  of  Beehler  Avenue,  if 
projected  northeasterly,  and  (3)  an  alley,  12  feet  wide, 
laid  out  100  feet  southwest  of  Reisterstown  Road  and 
extending  from  Lucille  Avenue,  Southeasterly  125  feet, 
more  or  less,  to  the  line  of  the  southeast  outline  of  the 
property  known  as  No.  4707  East  Wabash  Avenue,  if 
projected  northeasterly  in  accordance  with  a  plat  thereof 
numbered,  334-A-12,  prepared  by  the  Surveys  and  Rec- 
ords Division  and  filed  in  the  Office  of  the  Department 
of  Public  Works,  on  the  First  (1st)  day  of  February, 
1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 


ORDINANCES  863 

and  they  are  hereby  authorized  and  directed  to  condemn, 
open,  (1)  Lucille  Avenue,  50  feet  wide,  and  extending  from 
Reisterstown  Road,  Southwesterly  112  feet  to  the  end 
thereof,  (2)  an  alley  12  feet  wide,  laid  out  100  feet  south- 
west of  Reisterstown  Road,  and  extending  from  Lucille 
Avenue,  Northwesterly  117.50  feet  to  the  line  of  the  south- 
east side  of  a  7  foot  alley  laid  out  110.50  feet  southeast  of 
Beehler  Avenue,  if  projected  northeasterly  and  (3)  an 
alley,  12  feet  wide,  laid  out  100  feet  southwest  of  Reisters- 
town Road  and  extending  from  Lucille  Avenue,  Southeast- 
erly 125  feet,  more  or  less,  to  the  line  of  the  southeast 
outline  of  the  property  known  as  No.  4707  East  Wabash 
Avenue,  if  projected  northeasterly  the  street  and  alleys 
hereby  directed  to  be  condemned  for  said  opening  being 
described  as  follows: 

1 — Lucille  Avenue,  50  feet  wide,  and  extending  from 
Reisterstown  Road,  Southwesterly  112  feet  to  the  end 
thereof  and  designated  as  Parcel  No.  1  on  said  plat. 

2 — An  alley,  12  feet  wide,  laid  out  100  feet  southwest  of 
Reisterstown  Road  and  extending  from  Lucille  Avenue, 
Northwesterly  117.50  feet  to  the  line  of  the  southeast  side 
of  a  7  foot  alley  laid  out  110.50  feet  southeast  of  Beehler 
Avenue,  if  projected  northeasterly  and  designated  as  Par- 
cel No.  2  on  said  plat. 

3 — An  alley,  12  feet  wide,  laid  out  100  feet  southwest 
of  Reisterstown  Road,  and  extending  from  Lucille  Avenue, 
Southeasterly  125  feet,  more  or  less,  to  the  line  of  the 
southeast  outline  of  the  property  known  as  No.  4707  East 
Wabash  Avenue,  if  projected  northeasterly  and  designated 
as  Parcel  No.  3  on  said  plat. 

The  said  Lucille  Avenue  and  two  12  foot  alleys  as  directed 
to  be  condemned  being  more  particularly  described  and  re- 
ferred to  among  the  Land  Records  of  Baltimore  City  and 
delineated  and  particularly  shown  on  a  plat  numbered  334- 
A-12  which  was  filed  in  the  Office  of  the  Department  of 
Public  Works  on  the  First  (1st)  day  of  February  in  the  year 
1978,  and  is  now  on  file  in  said  Office. 

SEC.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 


864  ORDINANCES  Ord.  No.  834 

condemnation  and  opening  of  said  Lucille  Avenue  and  two 
12  foot  alleys  and  the  proceedings  and  rights  of  all  parties 
interested  or  affected  thereby,  shall  be  regulated  by,  and  be 
in  accordance  with,  any  and  all  applicable  provisions  of 
Article  4  of  the  Code  of  Public  Local  Laws  of  Maryland  and 
the  Charter  of  Baltimore  City  (1964  Revision)  as  amended 
to  July  1,  1973  and  any  and  all  amendments  thereto,  and 
any  and  all  other  Acts  of  the  General  Assembly  of  Mary- 
land, and  any  and  all  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  and  any  and  all  rules  or  regulations 
in  effect  which  have  been  adopted  by  the  Director  of  Public 
Works  and  filed  with  the  Department  of  Legislative 
Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  834 

(Council  No.  1587) 

An  Ordinance  to  condemn  and  close  (1)  Lucille  Avenue,  50 
feet  wide,  and  extending  from  Reisterstown  Road, 
Southwesterly  112  feet  to  the  end  thereof,  (2)  an  alley, 
12  feet  wide,  laid  out  100  feet  southwest  of  Reisterstown 
Road,  and  extending  from  Lucille  Avenue,  Northwesterly 
117.50  feet  to  the  line  of  the  southeast  side  of  a  7  foot 
alley  laid  out  110.50  feet  southeast  of  Beehler  Avenue, 
if  projected  northeasterly,  and  (3)  an  alley  12  feet  wide, 
laid  out  100  feet  southwest  of  Reisterstown  Road  and 
extending  from  Lucille  Avenue,  Southeasterly  125  feet, 
more  or  less,  to  the  line  of  the  southeast  outline  of  the 
property  known  as  No.  4707  East  Wabash  Avenue,  if 
projected  northeasterly  in  accordance  with  a  plat  thereof 
numbered  334-A-12A,  prepared  by  the  Surveys  and  Rec- 
ords Division  and  filed  in  the  Office  of  the  Department 
of  Public  Works,  on  the  First  (1st)  day  of  February, 
1978,  and  now  on  file  in  said  office. 


ORDINANCES  865 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  (1)  Lucille  Avenue,  50  feet  wide,  and  extending 
from  Reisterstown  Road,  Southwesterly  112  feet  to  the 
end  thereof,  (2)  an  alley  12  feet  wide,  laid  out  100  feet 
southwest  of  Reisterstown  Road,  and  extending  from 
Lucille  Avenue,  Northwesterly  117.50  feet  to  the  line  of  the 
southeast  side  of  a  7  foot  alley  laid  out  110.50  feet  southeast 
of  Beehler  Avenue,  if  projected  northeasterly,  and  (3)  an 
alley  12  feet  wide,  laid  out  100  feet  southwest  of  Reisters- 
town Road  and  extending  from  Lucille  Avenue,  Southeast- 
erly 125  feet,  more  or  less,  to  the  line  of  the  southeast 
outline  of  the  property  known  as  No.  4707  East  Wabash 
Avenue,  if  projected  northeasterly  the  street  and  alleys 
hereby  directed  to  be  condemned  for  said  closing  being  de- 
scribed as  follows : 

1 — Lucille  Avenue,  50  feet  wide,  and  extending  from 
Reisterstown  Road,  Southwesterly  112  feet  to  the  end 
thereof  and  designated  as  Parcel  No.  1  on  said  plat. 

2 — An  alley,  12  feet  wide,  laid  out  100  feet  southwest  of 
Reisterstown  Road  and  extending  from  Lucille  Avenue, 
Northwesterly  117.50  feet  to  the  line  of  the  southeast  side 
of  a  7  foot  alley  laid  out  110.50  feet  southeast  of  Beehler 
Avenue,  if  projected  northeasterly  and  designated  as  Par- 
cel No.  2  on  said  plat. 

3 — An  alley,  12  feet  wide,  laid  out  100  feet  southwest  of 
Reisterstown  Road,  and  extending  from  Lucille  Avenue, 
Southeasterly  125  feet,  more  or  less,  to  the  line  of  the  south- 
east outline  of  the  property  known  as  No.  4707  East 
Wabash  Avenue,  if  projected  northeasterly  and  designated 
as  Parcel  No.  3  on  said  plat. 

The  said  Lucille  Avenue  and  two  12  foot  alleys  as  di- 
rected to  be  condemned  being  more  particularly  described 
and  referred  to  among  the  Land  Records  of  Baltimore  City 
and  delineated  and  particularly  shown  on  a  plat  numbered 
334-A-12A  which  was  filed  in  the  Office  of  the  Department 
of  Public  Works  on  the  First  (1st)  day  of  February,  in  the 
year  1978  and  is  now  on  file  in  the  said  Office. 


866  ORDINANCES  Ord.  No.  834 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  now  owned  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  be  and  continue  to  be  the  property  of 
the  Mayor  and  City  Council  of  Baltimore,  in  fee  simple, 
until  the  use  thereof  shall  be  abandoned  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  the  event  that  any  per- 
son, firm  or  corporation  shall  first  obtain  permission  and 
permits  therefor  from  the  Mayor  and  City  Council  of  Bal- 
timore, and  shall  in  the  application  for  such  permission  and 
permits  agree  to  pay  all  costs  and  charges  of  every  kind 
and  nature  made  necessary  by  such  removal,  alteration  or 
interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  speci- 
fications and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  corporation, 
other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 
upon  notice  from  the  Director  of  Public  Works  of  Balti- 
more City,  be  promptly  removed  by  and  at  the  expense  of 
the  said  owners. 

SEC.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 


ORDINANCES  867 

to  said  property  and  to  all  subsurface  structures  and  appur- 
tenances used  by  it  therein,  for  the  purposes  of  inspection, 
maintenance,  repair,  alteration,  relocation  and/or  replace- 
ment, of  any  or  all  of  said  structures  and  appurtenances, 
and  this  without  permission  from  or  compensation  to  the 
owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  Lucille  Avenue  and  two  12 
foot  alleys  and  the  proceedings  and  rights  of  all  parties 
interested  or  affected  thereby,  shall  be  regulated  by,  and  be 
in  accordance  with,  any  and  all  applicable  provisions  of 
Article  4  of  the  Code  of  Public  Local  Laws  of  Maryland  and 
the  Charter  of  Baltimore  City  (1964  Revision)  as  amended 
to  July  1,  1973  and  any  and  all  amendments  thereto,  and 
any  and  all  other  Acts  of  the  General  Assembly  of  Mary- 
land, and  any  and  all  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  and  any  and  all  rules  or  regulations 
in  effect  which  have  been  adopted  by  the  Director  of  Public 
Works  and  filed  with  the  Department  of  Legislative 
Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  835 
(Council  No.  1636) 

An  Ordinance  to  amend  the  Urban  Renewal  Plan  for  the 
Ridgely's  Delight  Area,  which  Plan  was  approved  by 
Ordinance  No.  840,  dated  March  31,  1975,  to,  among 
other  things,  (1)  extend  the  eastern  WESTERN  bound- 
ary of  the  project  area  to  the  center  line  of  the  proposed 
City  Boulevard;  (2)  authorize  the  acquisition  by  pur- 
chase or  by  condemnation  by  the  Mayor  and  City  Council 


868  ORDINANCES  Ord.  No.  835 

of  Baltimore,  for  urban  renewal  purposes,  of  certain 
properties;  (3)  PROVIDE  STANDARDS  APPLICABLE 
TO  ALL  PROPERTY  REHABILITATION  AND  PEN- 
ALTIES FOR  VIOLATING  THESE  STANDARDS;  (4) 
change  certain  land  uses;  -(44- (5)  recommend  certain 
zoning  district  changes ;  4&)-  (6)  CREATE  EASEMENTS 
ON  CERTAIN  PUBLIC  PARKS;  (7)  INCREASE  THE 
SIZE  OF  A  RESIDENTIAL  DISPOSITION  LOT  BY 
INCLUDING  AN  ALLEY  TO  BE  CLOSED;  (8)  provide 
that  the  approval  of  said  amendment  to  the  Renewal  Plan 
is  not  an  enactment  of  the  proposed  amendment  to  the 
Zoning  Ordinance;  4&±  (9)  delete  certain  properties  from 
the  list  of  non-conforming  uses  which  no  longer  exist  as 
non-conforming  uses;  4rQ  (10)  revise  certain  exhibits 
and  appendices  attached  to  said  Plan  to  indicate  the 
changes  provided  therein;  4^-  (11)  waive  such  require- 
ments, if  any,  as  to  content  or  procedure  for  the  prepara- 
tion, adoption  and  approval  of  renewal  plans  as  set  forth 
in  Ordinance  No.  152  approved  June  28,  1968,  as  amended 
to  date,  which  the  Renewal  Plan  for  Ridgely's  Delight 
Urban  Renewal  Area  may  not  meet;  4W-  (12)  provide 
for  the  separability  of  the  various  parts  and  applications 
of  this  ordinance;  (10)  (13)  provide  that  where  the  pro- 
visions of  this  ordinance  shall  conflict  with  any  other 
ordinance,  code  or  regulation,  the  provision  which  estab- 
lishes the  higher  standard  shall  prevail;  and  (11)  (14) 
provide  for  the  effective  date  hereof. 

Whereas,  the  Renewal  Plan  for  Ridgely's  Delight  was 
approved  by  the  Mayor  and  City  Council  of  Baltimore  by 
Ordinance  No.  840,  dated  March  31,  1975,  and  amended  by 
Ordinance  No.  308,  dated  April  25,  1977;  and 

Whereas,  pursuant  to  Section  26,  Article  13  of  the  Bal- 
timore City  Code  (1966  Edition)  as  amended  to  date,  no 
substantial  change  or  changes  shall  be  made  in  any  renewal 
plan,  after  approval  by  ordinance,  without  such  change  or 
changes  first  being  adopted  and  approved  in  the  same 
manner  as  set  forth  in  said  Section  26  for  the  approval  of 
a  renewal  plan,  namely  the  preparation  of  such  change  or 
changes  by  the  Department  of  Housing  and  Community 
Development,  the  approval  of  such  change  or  changes  by 
the  Director  of  the  Department  of  Planning,  and  approval 


ORDINANCES  869 

and  adoption  by  an  ordinance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  after  a  public  hearing  in  relation  thereto, 
all  in  the  manner  set  forth  in  said  Section  26;  and 

Whereas,  extensive  changes  in  the  Renewal  Plan  make 
it  infeasible  to  make  line-by-line  changes;  therefore,  the 
Department  of  Housing  and  Community  Development  has 
prepared  an  amended  Renewal  Plan  for  Ridgely's  Delight, 
including  all  prior  amendments  to  said  Plan;  and 

Whereas,  said  amended  Renewal  Plan  for  Ridgely's 
Delight  has  been  approved  by  the  Director  of  the  Depart- 
ment of  Planning  on  April  19,  1978  with  respect  to  its  con- 
formity to  the  Master  Plan,  the  detailed  location  of  any 
public  improvements  proposed  in  the  amended  Renewal 
Plan,  its  conformity  to  the  rules  and  regulations  for  sub- 
divisions, and  all  zoning  changes  proposed  in  the  amended 
Renewal  Plan;  and  said  amended  Renewal  Plan  has  been 
approved  and  recommended  to  the  Mayor  and  City  Council 
of  Baltimore  by  the  Commissioner  of  the  Department  of 
Housing  and  Community  Development  on  April  20,  1978; 
now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Renewal  Plan  for  Ridgely's 
Delight,  identified  as  "Urban  Renewal  Plan,  Ridgely's  De- 
light .  .  .  revised  to  include  Amendment  No.  2,  dated  Janu- 
ary 18,  1978  AND  REVISED  JUNE  13,  1978  AND  JUNE 
16,  1978"  is  hereby  approved,  and  the  Clerk  of  the  City 
Council  is  hereby  directed  to  file  a  copy  of  said  amended 
Renewal  Plan  with  the  Department  of  Legislative  Reference 
as  a  permanent  public  record  and  make  the  same  available 
for  public  inspection  and  information. 

Sec.  2.  And  be  it  further  ordained,  That  the  boundaries  of 
the  Ridgely's  Delight  Urban  Renewal  Area  shall  be  revised 
to  expand  the  eastorn  WESTERN  boundary  to  be  cotermi- 
nous with  the  center  line  of  the  proposed  City  Boulevard; 
therefore,  Section  2  of  Ordinance  No.  840,  dated  March  31, 
1975,  is  hereby  amended  to  read  as  follows : 

Beginning  for  the  same  at  the  intersection  of  the  north  side 
of  West  Pratt  Street  and  the  [east  side  of  South  Fremont 
Avenue]  center  line  of  the  proposed  City  Boulevard,  as 


870  ORDINANCES  Ord.  No.  835 

shown  on  Drawing  FAP  No.  M-3065(l),  Sheet  Nos.  P--4 
and  P-5  of  P-66,  dated  March  1978,  hereby  made  a  part  of 
this  Plan  as  Exhibit  No.  1;  thence  from  said  point  of  be- 
ginning and  binding  on  the  north  side  of  West  Pratt  Street 
easterly  to  intersect  the  east  side  of  Greene  Street;  thence 
binding  on  the  east  side  of  Greene  Street  and  a  line  extend- 
ing the  east  side  of  Greene  Street  southerly  to  intersect 
[a  line  extending  the  north  side  of  Houser  Street  easterly] 
the  center  line  of  the  proposed  City  Boulevard)  thence 
binding  on  the  center  line  of  the  proposed  City  Boulevard 
northerly  to  the  point  of  beginning,  [said  line  extending 
the  north  side  of  Houser  Street  westerly  to  intersect  the 
western  property  line  of  Lot  46,  Block  863,  Section  6,  Ward 
22;  thence  binding  on  the  western  property  line  of  Lot  46, 
Block  863,  Section  6,  Ward  22,  and  the  extension  of  said 
property  line  northerly  to  intersect  the  north  side  of  W. 
Conway  Street;  thence  binding  on  the  north  side  of  W. 
Conway  Street  westerly  to  intersect  the  western  property 
line  of  Lot  21,  Block  861,  Section  6,  Ward  22;  thence  binding 
on  the  western  property  line  of  Lot  21,  Block  861,  Section 
6,  Ward  22  and  the  extension  of  said  property  line  northerly 
to  intersect  the  north  side  of  Burgundy  Street;  thence  bind- 
ing on  the  west  side  of  the  first  alley  east  of  South  Fremont 
Avenue  northerly  to  intersect  the  south  side  of  South  Paca 
Street;  thence  binding  on  the  south  side  of  South  Paca 
Street  easterly  to  intersect  the  eastern  property  line  of 
Lot  40,  Block  861,  Section  6,  Ward  22;  thence  binding  on 
the  extension  of  the  eastern  property  line  of  Lot  40,  Block 
861,  Section  6,  Ward  22  northerly  to  intersect  the  western 
property  line  of  Lot  20,  Block  854,  Section  5,  Ward  22; 
thence  binding  on  the  western  property  line  of  Lot  20, 
Block  854,  Section  5,  Ward  22  northerly  to  intersect  the 
south  side  of  Eislen  Street;  thence  binding  on  the  south 
side  of  Eislen  Street  easterly  to  intersect  the  west  side  of 
Stewart  Court;  thence  binding  on  the  extension  of  the 
west  side  of  Stewart  Court  northerly  to  intersect  the 
western  property  line  of  Lot  32,  Block  854,  Section  5,  Ward 
22;  thence  binding  on  the  western  property  line  of  Lot  32, 
Block  854,  Section  5,  Ward  22,  northerly  to  intersect  the 
southern  property  line  of  Lot  31,  Block  854,  Section  5, 
Ward  22;  thence  binding  on  the  southern  property  line 
of  Lot  31,  Block  854,  Section  5,  Ward  22  westerly  to 
intersect  the  western  property  line  of  the  said  lot;  thence 


ORDINANCES  871 

binding  on  the  western  property  line  of  Lot  31,  Block  854, 
Section  4,  Ward  22,  northerly  to  intersect  the  north  side  of 
Washington  Boulevard;  thence  binding  on  the  north  side 
of  Washington  Boulevard  easterly  to  intersect  the  east  side 
of  South  Fremont  Avenue;  thence  binding  on  the  east  side 
of  South  Fremont  Avenue  northerly  to  the  point  of  be- 
ginning.] 

SEC.  3.  And  be  it  further  vrdained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation  the  fee 
simple  interest  or  any  lesser  interest  in  and  to  certain 
properties,  together  with  all  right,  title,  interest,  and  estate 
that  the  owner  or  owners  of  said  property  interest  may 
have  in  all  streets,  alleys,  ways  or  lanes,  public  or  private, 
both  abutting  the  whole  area  described  and/or  contained 
within  the  perimeter  of  said  area,  provided  that  these  prop- 
erties or  portions  thereof  are  not  deemed  necessary  by  the 
Director  of  the  Department  of  Public  Works  for  the  pro- 
posed City  Boulevard,  and  described  as  follows: 

642  W.  Conway  Street 

644  W.  Conway  Street 
646  W.  Conway  Street 
648  W.  Conway  Street 
650-52  W.  Conway  Street 

650  Dover  Street 
653  Dover  Street 

608  Eislen  Street 

337-39  S.  Fremont  Avenue 
601  S.  Fremont  Avenue 
603  S.  Fremont  Avenue 
605  S.  Fremont  Avenue 
607        S.  Fremont  Avenue 

609  S.  Fremont  Avenue 
611  S.  Fremont  Avenue 
613  S.  Fremont  Avenue 
615  S.  Fremont  Avenue 
617  S.  Fremont  Avenue 
619  S.  Fremont  Avenue 
621  S.  Fremont  Avenue 

643  Melvin  Drive 

645  Melvin  Drive 


872  ORDINANCES  Ord.  No.  835 

524  S.  Paca  Street 
603  S.  Paca  Street 
605  S.  Paca  Street 

607  S.  Paca  Street 
614  S.  Paca  Street 
638  S.  Paca  Street 

209  Penn  Street 
215  Penn  Street 

628  Portland  Street 
630  Portland  Street 
634  Portland  Street 
641  Portland  Street 
643  Portland  Street 
646  Portland  Street 
664  Portland  Street 

608  Washington  Boulevard 
620  Washington  Boulevard 
623  Washington  Boulevard 

629  Washington  Boulevard 

632  Washington  Boulevard 

633  Washington  Boulevard  (Rear  portion  of 
this  property  approximately  18'  x  50', 
known  as  536  Eislen  Street) 

634  Washington  Boulevard 

635  Washington  Boulevard  (Rear  portion  of 
this  property  approximately  17'-6"  x  50', 
known  as  538  Eislen  Street) 

648  Washington  Boulevard 
656  Washington  Boulevard 
660  Washington  Boulevard 

Sec.  4.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Bal- 
timore and  for  the  purposes  described  in  this  ordinance,  the 
fee  simple  interest  or  any  lesser  interest  in  and  to  the 
properties  or  portions  thereof  hereinabove  mentioned.  If 


ORDINANCES  873 

the  said  Real  Estate  Acquisition  Division  of  the  Depart- 
ment of  the  Comptroller,  or  such  person  or  persons,  and 
in  such  manner  as  the  Board  of  Estimates  in  the  ex- 
ercise of  the  power  vested  in  it  by  Article  V,  Section 
5,  of  the  Baltimore  City  Charter,  may  hereafter  from 
time  to  time  designate,  is  or  are  unable  to  agree  with  the 
owner  or  owners  on  the  purchase  price  for  said  properties 
or  portions  thereof,  it  or  they  shall  forthwith  notify  the 
City  Solicitor  of  Baltimore  City,  who  shall  thereupon  insti- 
tute in  the  name  of  the  Mayor  and  City  Council  of  Bal- 
timore the  necessary  legal  proceedings  to  acquire  by  con- 
demnation the  fee  simple  interest  or  any  lesser  interest  in 
and  to  said  properties  or  portions  thereof. 

SEC.  5.  AND  BE  IT  FURTHER  ORDAINED, 
THAT  OVER  AND  ABOVE  THE  CODES  AND  ORDI- 
NANCES OF  THE  CITY  OF  BALTIMORE,  THE  FOL- 
LOWING ADDITIONAL  STANDARDS  SHALL  BE  AP- 
PLIED TO  ALL  PROPERTIES  WITHIN  THE  PROJECT 
AREA,  WHETHER  OCCUPIED  OR  VACANT,  AND  THE 
COMMISSIONER  OF  THE  DEPARTMENT  OF  HOUS- 
ING AND  COMMUNITY  DEVELOPMENT  SHALL  NOT 
APPROVE  PERMITS  WHICH  ARE  INCONSISTENT 
WITH  THESE  STANDARDS : 

A.     PROPERTY  REHAB  I  LIT  A  TION  STANDARDS 
FOR  ALL  STRUCTURES 

1.     BUILDING  FACADES 

(A)  ALL  STRUCTURAL  AND  DECORATIVE  ELE- 
MENTS OF  BUILDING  FRONTS  AND  SIDES  ABUT- 
TING STREETS  SHALL  BE  CLEANED,  REPOINTED, 
REPAIRED  OR  REPLACED  IN  A  WORKMANLIKE 
MANNER,  TO  MATCH  AS  CLOSELY  AS  POSSIBLE 
THE  ORIGINAL  MATERIALS  AND  CONSTRUCTION 
OF  THAT  BUILDING.  UNPAINTED  BRICK  WALLS 
SHALL  NOT  BE  PAINTED,  UNLESS  THE  COMMIS- 
SIONER OF  THE  DEPARTMENT  OF  HOUSING  AND 
COMMUNITY  DEVELOPMENT  DETERMINES  THAT 
SPECIAL  CONDITIONS  REQUIRE  PAINTING.  PAINT- 
ED BRICK  WALLS  SHALL  BE  KEPT  IN  GOOD  CON- 
DITION AND  THE  COLOR  SHALL  BE  COMPATIBLE 


874  ORDINANCES  Ord.  No.  835 

WITH   SURROUNDING   BUILDINGS  AND  BE   CHAR- 
ACTERISTIC OF  ORIGINAL  BUILDINGS. 

FORMSTONE  FACADES  MAY  BE  RETAINED  AND 
THEY  SHOULD  BE  PAINTED  A  SINGLE  COLOR 
CHARACTERISTIC  OF  THE  ORIGINAL  BUILDINGS. 

(B)  SIDE  WALLS,  WHERE  VISIBLE  FROM  ANY 
OF  THE  STREETS,  SHALL  BE  FINISHED  OR  PAINT- 
ED  SO  AS  TO  HARMONIZE  WITH  THE  FRONT  OF 
THE  BUILDING.  A  SIDE  WALL  FACING  A  MAJOR 
STREET  SHALL  HAVE  THE  SAME  DESIGN  TREAT- 
MENT AS  THE  FRONT  FACADE  WHERE  POSSIBLE. 

(C)  ORIGINAL  ARCHITECTURAL  APPOINT- 
MENTS, INCLUDING  BUT  NOT  LIMITED  TO  LIN- 
TELS, SILLS,  FASCIAS,  CORNICES  AND  EAVES, 
SHALL  BE  RESTORED  OR  REPLACED  TO  MATCH 
AS  CLOSELY  AS  POSSIBLE  THE  ORIGINAL  PAT- 
TERNS. 

(D)  EXISTING  MISCELLANEOUS  ELEMENTS  ON 
THE  BUILDING  FRONTS,  SUCH  AS  EMPTY  ELEC- 
TRICAL OR  OTHER  CONDUITS,  UNUSED  SIGN 
BRACKETS,  ETC.,  SHALL  BE  REMOVED. 

(E)  CONDENSER  ELEMENTS  OR  WINDOW  AIR- 
CONDITIONING  UNITS  SHALL  BE  LOCATED  ON  FA- 
CADES NOT  VISIBLE  FROM  PUBLIC  WALKWAYS 
WHEREVER  POSSIBLE. 

(F)  NEW  ADDITIONS  OR  ALTERATIONS  TO  THE 
REAR  AND/OR  SIDE  FACADE  OF  STRUCTURES 
SHALL  BE  COMPATIBLE  WITH  EXISTING  STRUC- 
TURES IN  BOTH  MATERIAL  AND  SCALE. 

(G)  NO  METAL  AWNINGS  ARE  PERMITTED. 
SOFT,  FLAME-PROOFED  AWNINGS  ARE  PER- 
MITTED. 

2.     WINDOWS 

(A)  ORIGINAL  WINDOW  OPENINGS  ON  BUILD- 
ING    FRONTS    AND    SIDES    ABUTTING    STREETS 


ORDINANCES  875 

SHALL  BE  RETAINED.  ALL  BROKEN  OR  MISSING 
WINDOWS  SHALL  BE  REPLACED. 

(B)  WINDOW  STYLES  ON  A  BUILDING  FACADE 
FACING  A  PUBLIC  STREET  SHALL  BE  IN  CON- 
FORMANCE WITH  THE  ORIGINAL  DESIGN  OF  THE 
WINDOW  STYLE  FOR  THE  BUILDING  FACADE. 

(C)  WINDOW  SHUTTERS,  WHERE  USED,  SHALL 
BE  ONE-HALF  THE  WIDTH  OF  THE  OPENING  AND 
THE  SAME  HEIGHT  AS  THE  OPENING. 

(D)  WROUGHT  IRON  "BURGLAR  BARS"  OF  AP- 
PROVED DESIGN  SHALL  BE  PERMITTED. 

(E)  WINDOW  PANES  SHALL  NOT  BE  PAINTED. 

3.  ROOFS 

(A)  EXISTING  DORMERS,  CHIMNEYS,  AND 
ORIGINAL  ROOF  PITCHES  ON  THE  FRONTS  OF  THE 
STRUCTURES  SHALL  BE  RETAINED  AND  TREATED 
IN  ACCORDANCE  WITH  THE  SAME  CRITERIA  AS 
BUILDING  FACADES. 

(B)  ALL  AUXILIARY  STRUCTURES  ON  THE 
ROOFS  VISIBLE  FROM  THE  STREET  SHALL  BE 
FINISHED  SO  AS  TO  BE  HARMONIOUS  WITH 
OTHER  VISIBLE  BUILDING  WALLS. 

(C)  ALL  MECHANICAL  EQUIPMENT  PLACED 
ON  A  ROOF  SHALL  BE  SO  LOCATED  AS  TO  BE  HID- 
DEN FROM  VIEW  FROM  THE  PUBLIC  WALKWAYS, 
OR  SHALL  BE  SCREENED  WITH  SUITABLE  ELE- 
MENTS OF  A  PERMANENT  NATURE,  FINISHED  SO 
AS  TO  HARMONIZE  WITH  THE  REST  OF  THE 
BUILDING. 

(D)  TELEVISION  OR  RADIO  ANTENNAS  SHALL 
NOT  BE  PERMITTED  ON  FRONTS  OF  FACADES 
WHERE  VISIBLE  FROM  STREETS. 

4.  ENTRANCE  AREA 

(A)  ENTRANCE  STOOPS  AND  STEPS  SHALL  BE 
MADE  TO  MATCH  AS  CLOSELY  AS  POSSIBLE  THE 
ORIGINAL  CONSTRUCTION. 


876  ORDINANCES  Ord.  No.  835 

(B)  ALL  ELEMENTS  OF  THE  ENTRANCE  AREA, 
INCLUDING  RAILING,  HOUSE  NUMBERS,  AND 
LIGHTING  FIXTURES,  SHALL  BE  MADE  OF  AND 
MATCH  AS  CLOSELY  AS  POSSIBLE  TO  THE  ORIG- 
INAL MATERIAL  AND  CHARACTER. 

(C)  EXISTING  SALLY  PORTS  (PASSAGEWAYS) 
TO  THE  REAR  OF  THE  PROPERTY  WHERE  EXIST- 
ING SHALL  BE  RETAINED.  GATES  AND  SECURITY 
DEVICES,  OF  APPROVED  DESIGN  FOR  THE  SALLY 
PORTS,  ARE  PERMITTED. 

(D)  FRONT  YARDS  SHALL  BE  PROPERLY 
LANDSCAPED  AND  MAINTAINED. 

B.     PROPERTY  REHABILITATION  STANDARDS  FOR 
NON-RESIDENTIAL  STRUCTURES 

NON-RESIDENTIAL  STRUCTURES  SHALL  CON- 
FORM TO  THE  FOLLOWING  STANDARDS,  IN  AD- 
DITION TO  THE  STIPULATED  RESIDENTIAL 
STANDARDS. 

1.     FACADES 

(A)  SHOW  WINDOWS,  WHERE  EXISTING,  MAY 
BE  RETAINED  IF  REHABILITATED,  SO  AS  TO  BE 
COMPATIBLE  WITH  THE  ORIGINAL  ARCHITEC- 
TURAL CHARACTER  OF  THE  STRUCTURE. 

A  SHOW  WINDOW,  AS  PART  OF  THE  BUILDING 
FACE,  SHALL  BE  DEFINED  TO  INCLUDE  THE  EN- 
TRANCE AREA  LEADING  TO  THE  DOOR,  THE  DOOR, 
TRANSOMS,  DISPLAY  PLATFORMS,  DEVICES  FOR 
SUN  PROTECTION,  SECURITY  GRILLES,  ENCLO- 
SURES AND  HOUSINGS  FOR  SECURITY  GRILLES, 
LIGHTING  AND  SIGNING  VISIBLE  FROM  THE  PUB- 
LIC RIGHT-OF-WAY. 

(B)  SHOW  WINDOW  GLAZING  SHALL  NOT  BE 
PAINTED  EXCEPT  FOR  AUTHORIZED  IDENTIFICA- 
TION OF  THE  PLACE  FOR  BUSINESS  AS  PER  SUB- 
SECTION (2)  BELOW. 

TEMPORARY  OR  PERMANENT  SIGNS  APPLIED 
OR  PLACED  AGAINST  ANY  SURFACE  OF  A  SHOW 


ORDINANCES  877 

WINDOW  SHALL  NOT  EXCEED  20%  OF  THE  AREA 
OF  THAT  SHOW  WINDOW. 

(C)  SOLID  OR  PERMANENTLY  ENCLOSED  OR 
COVERED  STOREFRONTS  SHALL  NOT  BE  PER- 
MITTED UNLESS  TREATED  AS  AN  INTEGRAL 
PART  OF  THE  BUILDING  FACADE  USING  WALL 
MATERIALS  AND  WINDOW  DETAILING  COMPAT- 
IBLE WITH  THE  UPPER  FLOORS. 

(D)  SOFT,  RETRACTABLE,  FLAME  -  PROOFED 
AWNINGS  ARE  PERMITTED.  PERMANENT  METAL 
CANOPIES  FOR  SHOW  WINDOWS  AND  ENTRANCE 
AREAS  ARE  PERMITTED  WHEN  SUCH  CANOPIES 
ARE  AN  INTEGRATED  FEATURE  IN  THE  FACADE 
AND  ARE  COMPATIBLE  WITH  THE  CHARACTER 
OF  THE  BUILDING. 

2.     SIGNS 

(A)  NO  SIGNS  OTHER  THAN  THOSE  IDENTIFY- 
ING THE  PROPERTY  WHERE  THEY  ARE  IN- 
STALLED OR  IDENTIFYING  THE  USE  CONDUCTED 
THEREIN  SHALL  BE  PERMITTED.  ADVERTISING 
BY  MATERIAL  OR  PRODUCT  MANUFACTURERS 
SHALL  NOT  BE  PERMITTED  EXCEPT  AS  PRIMARY 
IDENTIFICATION  OF  AN  ESTABLISHMENT. 

ALL  LIGHTING  AND  ELECTRICAL  ELEMENTS 
SUCH  AS  WIRES,  CONDUITS,  JUNCTION  BOXES, 
TRANSFORMERS,  BALLASTS,  SWITCHES  AND  PAN- 
EL BOXES  SHALL  BE  CONCEALED  FROM  VIEW  AS 
MUCH  AS  POSSIBLE. 

(B)  SIGNS  SHALL  BE  PLACED  PARALLEL  TO 
THE  BUILDING  FACE  AND  SHALL  NOT  PROJECT 
MORE  THAN  8"  FROM  THE  SURFACE  OF  THE 
BUILDING,  EXCEPT  AS  OTHERWISE  HEREIN  PRO- 
VIDED, AND  THE  SQUARE  FOOTAGE  OF  THE  AREA 
OF  THE  SIGN  SHALL  NOT  EXCEED  THE  WIDTH  OF 
THE  FRONTAGE  OF  THE  BUILDING  IN  LINEAR 
FEET.  HOWEVER,  IN  NO  CASE  SHALL  THE  TOTAL 
AREA  OF  THE  SIGNS  FOR  EACH  BUILDING  FA- 
CADE EXCEED  TWENTY  (20)  SQUARE  FEET.  IN 
THE  CASE  OF  CORNER  PROPERTIES,  EACH  FA- 
CADE IS  TO  BE  CALCULATED  SEPARATELY  AS  TO 


878  ORDINANCES  Ord.  No.  835 

SIZE  ALLOWED  FOR  EACH.  SIGNS  SHALL  BE 
PLACED  NO  HIGHER  THAN  THE  SILL  LEVEL  OF 
THE  SECOND  STORY  WINDOW. 

(C)  PAINTED  OR  INLAID  SIGNS  ON  CLOTH 
AWNINGS  ARE  PERMITTED.  FLASHING  OR  MOV- 
ING SIGNS  OTHER  THAN  BARBER  POLES,  SHALL 
NOT  BE  PERMITTED. 

(D)  SIGNS  ATTACHED  AT  RIGHT  ANGLES  TO  A 
BUILDING,  IN  LIEU  OF  FLAT  SIGNS,  ARE  PERMIT- 
TED PROVIDED  THAT  THERE  IS  NO  MORE  THAN 
ONE  (1)  SUCH  SIGN  FOR  EACH  ENTRANCE  DOOR, 
IT  PROJECTS  NO  MORE  THAN  FIVE  FEET  (5')  FROM 
THE  PRIMARY  SURFACE  OF  THE  BUILDING,  AND 
IT  DOES  NOT  EXCEED  TEN  (10)  SQUARE  FEET  IN 
AREA.  SIGNS  ATTACHED  AT  RIGHT  ANGLES  TO  A 
BUILDING  SHALL  NOT  EXCEED  IN  HEIGHT  FOUR- 
TEEN FEET  (14')  ABOVE  GRADE  OR  THE  SILL 
LEVEL  OF  THE  SECOND  STORY  WINDOW,  WHICH- 
EVER IS  LESS. 

(E)  A  FREE-STANDING  SIGN  SHALL  BE  PER- 
MITTED, IN  LIEU  OF  FLAT  OR  PROJECTING  SIGN, 
PROVIDED  THAT  SUCH  SIGN  HAS  NO  MORE  THAN 
TWO  FACES,  THE  AREA  OF  EACH  FACE  DOES  NOT 
EXCEED  TWENTY  (20)  SQUARE  FEET,  AND  THE 
TOP  OF  SUCH  SIGN  DOES  NOT  EXCEED  FOURTEEN 
FEET  (140  ABOVE  GRADE. 

(F)  NO  SIGNS  SHALL  BE  PERMITTED  EXCEPT 
AS  HEREIN  PROVIDED  OR  AS  OTHERWISE  AU- 
THORIZED BY  THE  DEPARTMENT  OF  HOUSING 
AND  COMMUNITY  DEVELOPMENT  FOR  TEMPO- 
RARY PURPOSES  NOT  EXCEEDING  THIRTY  (30) 
DAYS. 

3.  NON-CONFORMING  SIGNS 

ALL  SIGNS  AND  STRUCTURES  FOR  THEIR  SUP- 
PORT NOT  CONFORMING  TO  THE  ABOVE  REGULA- 
TIONS SHALL  BE  REMOVED  WITHIN  SIX  (6) 
MONTHS  FROM  THE  DATE  OF  ENACTMENT  OF 
THIS  ORDINANCE. 

4.  MINOR  PRIVILEGE  PERMITS  FOR  SIGNS 
MINOR     PRIVILEGE     PERMITS     FOR     EXISTING 


ORDINANCES  879 

SIGNS  SHALL  NOT  BE  RENEWED  NOR  SHALL  MI- 
NOR PRIVILEGE  PERMITS  FOR  NEW  SIGNS  BE  IS- 
SUED, EXCEPT  SIGNS  WHICH  MEET  THE  STAND- 
ARDS AS  HEREIN  PROVIDED. 

5.  OFF-STREET  PARKING 

ALL  PARKING  AREAS  SHALL  BE  EFFEC- 
TIVELY SCREENED  ON  PROPERTY  LINES  ADJA- 
CENT TO  PUBLIC  SIDEWALKS  BY  A  SCREENING 
WALL  A  MINIMUM  OF  FIVE  FEET  (5')  IN  HEIGHT 
ABOVE  THE  ADJACENT  SIDEWALK.  THE  SCREEN- 
ING WALL  MAY  BE  A  METAL  FENCE,  A  MASONRY 
WALL  OR  A  COMBINATION  WITH  PLANT  MA- 
TERIAL. 

6.  COMPLIANCE 

NO  ALTERATION  OR  IMPROVEMENT  WORKS 
SHALL  BE  UNDERTAKEN  WHICH  DO  NOT  CON- 
FORM WITH  THE  REQUIREMENTS  HEREIN. 

NOTHING  HEREIN  SHALL  BE  CONSTRUED  TO 
PERMIT  ANY  SIGN,  CONSTRUCTION,  ALTERATION, 
CHANGE,  REPAIR,  USE  OF  ANY  OTHER  MATTER 
OTHERWISE  FORBIDDEN  OR  RESTRICTED  OR  CON- 
TROLLED BY  ANY  OTHER  PUBLIC  LAW. 

C.     REVIEW  OF  REHABILITATION  PLANS 

1.  PROPOSALS  AND  PERMIT  APPLICATIONS  FOR 
ALL  BUILDING  IMPROVEMENTS,  MODIFICATIONS, 
REPAIR,  REHABILITATION  OR  PAINTING  CON- 
CERNING THE  EXTERIOR  OF  THE  EXISTING 
BUILDINGS,  THEIR  YARDS  OR  THEIR  SHOW  WIN- 
DOWS, AND  FOR  ALL  SIGNS,  SHALL  BE  SUBMIT- 
TED TO  THE  COMMISSIONER  OF  THE  DEPART- 
MENT OF  HOUSING  AND  COMMUNITY  DEVELOP- 
MENT FOR  HIS  REVIEW  AND  CONSIDERATION. 
WRITTEN  APPROVAL  BY  THE  DEPARTMENT 
SHALL  BE  REQUIRED  BEFORE  PROCEEDING  WITH 
THE  WORK. 

2.  THE  COMMISSIONER  OF  THE  DEPARTMENT 
OF  HOUSING  AND  COMMUNITY  DEVELOPMENT 
SHALL  REVIEW  AND  CONSIDER  ALL  ASPECTS  OF 


880  ORDINANCES  Ord.  No.  835 

THE  DESIGN  AFFECTING  EXTERIOR  APPEAR- 
ANCE AND  IN  PARTICULAR  WITH  THE  FOLLOW- 
ING: 

—ALL  EXTERIOR  DESIGNS,  INCLUDING  CHOICE 
OF  MATERIALS  AND  COLOR; 

—LOCATION  AND  DESIGN  OF  SIGNS,  METHODS 
OF  ILLUMINATION,  COLORS,  MATERIALS, 
METHODS  OF  SUSPENSION; 

—CONDITIONING  OF  YARD  SPACES,  TYPES  OF 
SECURITY  DEVICES,  CONTAINERS  FOR  REF- 
USE COLLECTION,  AND  LANDSCAPE  MATE- 
RIAL AND  DESIGNS. 

THE  COMMISSIONER'S  REVIEW  SHALL  BE  GUID- 
ED BY  THE  PROPERTY  REHABILITATION  OBJEC- 
TIVES AND  THE  PROPERTY  REHABILITATION 
STANDARDS. 

SEC.  6.  AND  BE  IT  FURTHER  ORDAINED,  THAT 
ANY  PERSON  VIOLATING  ANY  OF  THE  PROVI- 
SIONS OF  SECTION  5  OF  THIS  ORDINANCE  SHALL 
BE  GUILTY  OF  A  MISDEMEANOR  AND  SHALL  BE 
SUBJECT  TO  A  FINE  NOT  EXCEEDING  ONE  HUN- 
DRED DOLLARS  ($100.00)  AND  THAT  EACH  DAY'S 
VIOLATION  SHALL  CONSTITUTE  A  SEPARATE 
OFFENSE. 

Sec.  5t  7.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  the  Ridgely's  Delight  Urban  Renewal  Area  may  not 
meet  the  requirements  as  to  the  content  of  a  renewal  plan 
or  the  procedures  for  the  preparation,  adoption,  and  ap- 
proval of  renewal  plans,  as  provided  in  Ordinance  No.  152, 
approved  June  28,  1968,  as  amended  to  date,  the  said  re- 
quirements are  hereby  waived  and  the  amended  Renewal 
Plan  approved  hereby  is  exempted  therefrom. 

Sec.  &•  8.  And  be  it  further  ordained,  That  the  approval  of 
the  amended  Renewal  Plan  for  Ridgely's  Delight  shall  not 
be  construed  as  an  enactment  of  such  amendments  to  the 
Zoning  Ordinance  as  are  proposed  in  said  amended  Renewal 
Plan. 


ORDINANCES  881 

Sec.  £t  9.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause,  sen- 
tence, paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  appli- 
cation thereof  so  held  invalid. 

Sec.  St  10.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  conflict  with  an 
existing  provision  of  any  other  ordinance  or  code  or  regula- 
tion in  force  in  the  City  of  Baltimore  which  establishes 
a  lower  standard  for  the  promotion  and  protection  of  the 
public  health  and  safety,  the  provision  of  this  ordinance 
shall  prevail  and  the  other  existing  provision  of  such  other 
ordinance  or  code  or  regulation  is  hereby  repealed  to  the 
extent  that  it  may  be  found  in  conflict  with  this  ordinance. 

Sec.  &t  11.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  836 
(Council  No.  1651) 

An  Ordinance  to  repeal  and  reordain  Ordinance  No.  152, 
approved  March  25,  1964,  entitled:  "An  ordinance  au- 
thorizing the  Mayor  and  City  Council  of  Baltimore  to 


882  ORDINANCES  Ord.  No.  836 

grant  rights-of-way  to  the  owner  or  owners  of  the  tract 
of  land  situate  in  Baltimore  County  on  the  northwest 
side  of  Merryman's  Mill  Road,  known  as  resubdivision 
of  Section  Three  Cambria,  over  the  strip  of  land  between 
the  southern  outline  of  said  resubdivision  and  the  north- 
erly side  of  Merryman's  Mill  Road,  as  the  same  extends 
along  and  just  south  of  said  southernmost  outline.  The 
exclusive  use  of  said  strip  of  land  is  no  longer  needed 
for  public  use",  amending  the  first  described  easement 
appearing  in  Section  1  of  said  ordinance  by  inserting  a 
correctly  described  easement  in  its  place. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Ordinance  No.  152,  approved  March  25, 
1964,  entitled,  "An  ordinance  authorizing  the  Mayor  and 
City  Council  of  Baltimore  to  grant  rights-of-way  to  the 
owner  or  owners  of  the  tract  of  land  situate  in  Baltimore 
County  on  the  northwest  side  of  Merryman's  Mill  Road, 
known  as  resubdivision  and  the  northerly  side  of  Merry- 
man's  Mill  Road,  as  the  same  extends  along  and  just  south 
of  said  southernmost  outline.  The  exclusive  use  of  said 
strip  of  land  is  no  longer  needed  for  public  use",  be  re- 
pealed and  reordained  with  amendment  to  the  first  descrip- 
tion appearing  in  Section  1  of  said  ordinance  to  read  as 
follows: 

Beginning  for  the  first  at  a  point  on  the  south  side  of 
Lot  2,  as  shown  on  a  plat  entitled  "Resubdivision  of  Section 
Three  Cambria"  dated  April  7,  1958,  and  recorded  among 
the  Plat  Records  of  Baltimore  County  in  Liber  G.L.B.  25, 
folio  27,  said  point  of  beginning  being  distant  185.00  feet 
from  the  southeast  corner  of  Lot  2,  said  point  of  beginning 
being  also  distant  South  67  degrees  03  minutes  14  seconds 
East  295.00  feet,  more  or  less,  from  a  monument  planted 
at  the  southwest  corner  of  Lot  3  as  shown  on  said  plat. 
Coordinates  of  said  monument  being  North  37,014.20  East 
10,051.93,  and  running  thence  binding  on  part  of  said  south 
side  of  Lot  2,  South  67  degrees  03  minutes  14  seconds 
East  20.00  feet,  thence  for  lines  of  division  the  three  fol- 
lowing courses  and  distances  viz:  first,  South  22  degrees 
56  minutes  46  seconds  West  19.14  feet  to  intersect  the 
north  edge  of  paving  of  Merryman's  Mill  Road  21.3  feet 
wide,   second,  binding  on  the  north  edge  of  said  paving 


ORDINANCES  883 

North  66  degrees  42  minutes  13  seconds  West  20.00  feet, 
and  third,  North  22  degrees  56  minutes  46  seconds  East 
19.02  feet  to  the  place  of  beginning. 

Sec.  2.  And  be  it  further  ordained  by  the  Mayor  and 
City  Council  of  Baltimore,  That  the  Mayor  and  City  Coun- 
cil of  Baltimore,  be  and  is  hereby  authorized  to  grant  the 
above  described  easement  unto  Wilmer  S.  Davidson 
DAVISON  and  Doris  S.  Davidson,  DAVISON,  their  per- 
sonal representatives  and  assigns,  owners  of  Lot  2  as  shown 
on  a  plat  entitled  "Resubdi vision  of  Section  Three  Cambria" 
dated  April  7,  1958  and  recorded  among  plat  records  of 
Baltimore  County  in  Liber  G.L.B.  25,  folio  27,  situate  in 
Baltimore  County.  Said  right  of  way  is  to  be  used  as  a 
means  of  access  to  and  from  the  aforesaid  Lot  2  as  shown 
on  plat  entitled  "Resubdivision  of  Section  Three  Cambria". 

The  exclusive  use  of  said  strip  of  land  is  no  longer 
needed  for  public  use. 

Any  deed  or  agreement  granting  said  right-of-way  shall 
contain  conditions  therein  that  the  City  of  Baltimore  shall 
in  nowise  be  obligated  for  the  maintenance  of  said  right-of- 
way,  including  the  grading  of  the  same  and  the  removal 
of  snow  therefrom.  In  the  event  it  is  necessary  at  any  time 
to  regrade  or  widen  Merryman's  Mill  Road  the  costs  of 
repairs  or  resurfacing  of  the  rights-of-way  shall  be  the  re- 
sponsibility and  obligation  of  the  abutting  property  owners. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  immediately  on  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  837 
(Council  No.  1656) 

An  Ordinance  to  amend  the  Renewal  Plan  for  the  Popple  ton 
Urban  Renewal  project,  which  Plan  was  approved  by 


884  ORDINANCES  Ord.  No.  837 

Ordinance  No.  837,  dated  March  31,  1975,  to,  among 
other  things,  (1)  change  the  eastern  boundary  along  the 
700  blocks  of  W.  Fayette  Street,  W.  Fairmount  Avenue, 
and  W.  Baltimore  Street  to  conform  with  the  final  right- 
of-way  line  of  the  proposed  City  Boulevard ;  (2)  authorize 
the  acquisition  by  purchase  or  by  condemnation  by  the 
Mayor  and  City  Council  of  Baltimore,  for  urban  renewal 
purposes,  of  certain  properties;  (3)  change  the  proposed 
land  use  of  certain  properties;  (4)  create  or  expand  cer- 
tain disposition  parcels  and  establish  corresponding 
standards  and  controls  where  appropriate;  (5)  delete 
certain  properties  from  the  list  of  non-conforming  uses; 
(6)  recommend  certain  zoning  district  changes;  (7)  pro- 
vide that  the  approval  of  said  amendment  to  the  Renewal 
Plan  is  not  an  enactment  of  the  proposed  amendment  to 
the  Zoning  Ordinance  of  Baltimore  City;  (8)  revise  the 
exhibits  attached  to  said  Plan  to  indicate  the  changes 
provided  therein;  (9)  waive  such  requirements,  if  any, 
as  to  content  or  procedure  for  the  preparation,  adoption, 
and  approval  of  renewal  plans  as  set  forth  in  Ordinance 
No.  152,  dated  June  28,  1968,  as  amended  to  date,  which 
the  Renewal  Plan  for  Poppleton  may  not  meet;  (10) 
provide  for  the  separability  of  the  various  parts  and 
applications  of  this  ordinance;  (11)  provide  that  where 
the  provisions  of  this  ordinance  shall  conflict  with  any 
other  ordinance,  code  or  regulation,  the  provision  which 
establishes  the  higher  standard  shall  prevail;  and  (12) 
provide  for  the  effective  date  hereof. 

Whereas,  a  Renewal  Plan  for  the  Poppleton  project  was 
approved  by  the  Mayor  and  City  Council  of  Baltimore  by 
Ordinance  No.  837,  dated  March  31,  1975,  and  last  amended 
by  Ordinance  No.  353,  dated  June  27,  1977 ;  and 

Whereas,  pursuant  to  Section  26,  Article  13,  of  the 
Baltimore  City  Code  (1966  Edition),  as  amended  to  date, 
no  substantial  change  or  changes  shall  be  made  in  any  re- 
newal plan,  after  approval  by  ordinance,  without  such 
change  or  changes  first  being  adopted  and  approved  in  the 
same  manner  as  set  forth  in  said  Section  26  for  the  ap- 
proval of  a  renewal  plan,  namely  the  preparation  of  such 
change  or  changes  by  the  Department  of  Housing  and  Com- 
munity Development,  the  approval  of  such  change  or 
changes  by  the  Director  of  the  Department  of  Planning, 


ORDINANCES  885 

and  approval  and  adoption  by  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore  after  a  public  hearing  in 
relation  thereto,  all  in  the  manner  set  forth  in  said  Section 
26;  and 

Whereas,  extensive  changes  in  the  Renewal  Plan  make 
it  infeasible  to  make  line-by-line  changes;  therefore,  the 
Department  of  Housing  and  Community  Development  has 
prepared  an  amended  Renewal  Plan  for  Poppleton,  includ- 
ing all  prior  amendments  to  said  Plan ;  and 

Whereas,  said  amended  Renewal  Plan  for  Poppleton  has 
been  approved  by  the  Director  of  the  Department  of  Plan- 
ning on  April  26,  1978  with  respect  to  its  conformity  to 
the  Master  Plan,  the  detailed  location  of  any  public  im- 
provements proposed  in  the  amended  Renewal  Plan,  its 
conformity  to  the  rules  and  regulations  for  subdivisions, 
and  its  conformity  to  all  zoning  changes  proposed  in  the 
amended  Renewal  Plan;  and  said  amended  Renewal  Plan 
has  been  approved  and  recommended  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development  on 
May  4,  1978 ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Renewal  Plan  for  Popple- 
ton, identified  as  "Urban  Renewal  Plan,  Poppleton  Urban 
Renewal  Project  .  .  .  revised  to  include  Amendment  No.  4 
dated  February  15,  1978  AND  REVISED  JUNE  14,  1978", 
is  hereby  approved  and  the  Clerk  of  the  City  Council  is 
hereby  directed  to  file  a  copy  of  said  amended  Renewal  Plan 
with  the  Department  of  Legislative  Reference  as  a  perma- 
nent public  record  and  to  make  the  same  available  for  pub- 
lic inspection  and  information. 

Sec.  2.  And  be  it  further  ordained,  That  the  eastern 
boundary  of  the  Poppleton  Urban  Renewal  area  shall  be 
revised  along  the  700  blocks  of  W.  Fayette  Street,  W.  Fair- 
mount  Avenue,  and  W.  Baltimore  Street  to  conform  with 
the  final  western  right-of-way  line  of  the  proposed  City 
Boulevard;  therefore,  the  first  "Whereas"  clause  of  Ordi- 
nance No.  837,  dated  March  31,  1975,  is  hereby  amended  to 
read  as  follows: 


886  ORDINANCES  Ord.  No.  837 

Beginning  for  the  same  at  the  intersection  of  the  west 
side  of  North  Carey  Street  and  the  south  side  of  West 
Mulberry  Street;  thence  binding  on  the  south  side  of  West 
Mulberry  Street  easterly  to  intersect  the  east  side  of  North 
Fremont  Avenue;  thence  binding  on  the  east  side  of  North 
Fremont  Avenue  southeasterly  to  intersect  the  south  side 
of  West  Saratoga  Street;  thence  binding  on  the  south  side 
of  West  Saratoga  Street  westerly  to  intersect  the  east  side 
of  North  Amity  Street;  thence  binding  on  the  east  side  of 
North  Amity  Street  southerly  to  intersect  the  north  side 
of  West  Lexington  Street;  thence  binding  on  the  north 
side  of  West  Lexington  Street  easterly  to  intersect  the  east 
side  of  North  Fremont  Avenue;  thence  binding  on  the  east 
side  of  North  Fremont  Avenue  southeasterly  to  intersect 
the  north  side  of  West  Fayette  Street;  thence  binding  on 
the  north  side  of  West  Fayette  Street  easterly  to  intersect 
the  west  side  of  the  proposed  Boulevard  right-of-way  line; 
thence  binding  on  the  west  side  of  the  proposed  Boulevard 
right-of-way  line  southerly  to  intersect  the  [north]  south 
side  of  Fairmount  Avenue;  thence  binding  on  the  west  side 
of  the  proposed  Boulevard  right-of-way  line  [southwesterly] 
westerly  and  southerly  to  intersect  the  south  side  of  West 
Baltimore  Street ;  thence  binding  on  the  south  side  of  West 
Baltimore  Street  westerly  to  intersect  the  east  side  of  South 
Fremont  Avenue;  thence  binding  on  the  east  side  of  South 
Fremont  Avenue  southeasterly  to  intersect  a  line  formed 
by  extending  the  north  side  of  West  Lombard  Street,  east 
of  South  Fremont  Avenue;  thence  binding  on  the  line 
formed  by  extending  the  north  side  of  West  Lombard 
Street  [and  the  north  side  of  West  Lombard  Street]  west- 
erly to  intersect  the  west  side  of  Carey  Street;  thence 
binding  on  the  west  side  of  Carey  Street  northerly  to  the 
point  of  beginning. 

Sec.  2.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire  by  purchase  or  by  condemnation,  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser  in- 
terest in  and  to  certain  properties  or  portions  thereof,  to- 
gether with  all  right,  title,  interest  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both 
abutting  the  whole  area  described  and/or  contained  within 
the  perimeter  of  said  area,  situate  in  Baltimore  City,  Mary- 


ORDINANCES  887 

land,  provided  that  these  properties  are  not  deemed  neces- 
sary by  the  Director  of  the  Department  of  Public  Works  for 
highway  purposes,  and  described  as  follows: 

764  W.  Baltimore  Street 

800  W.  Baltimore  Street 

824  W.  Baltimore  Street 

824i/2  W.  Baltimore  Street 

826  W.  Baltimore  Street 

826i/2  W.  Baltimore  Street 

834  W.  Baltimore  Street 

838  W.  Baltimore  Street 

840  W.  Baltimore  Street 

842  W.  Baltimore  Street 

844  W.  Baltimore  Street 

850  W.  Baltimore  Street 

854  W.  Baltimore  Street 

856  W.  Baltimore  Street 

858  W.  Baltimore  Street 

860  W.  Baltimore  Street 

862  W.  Baltimore  Street 

864  W.  Baltimore  Street 

866  W.  Baltimore  Street 

868  W.  Baltimore  Street 

872  W.  Baltimore  Street 

890  W.  Baltimore  Street 

892  W.  Baltimore  Street 

894  W.  Baltimore  Street 

896  W.  Baltimore  Street 

896i/2  W.  Baltimore  Street 

898  W.  Baltimore  Street 

1100  Booth  Street 

1101  Booth  Street 
1103  Booth  Street 

1013  Boyd  Street 
1015  Boyd  Street 
1017  Boyd  Street 
1019  Boyd  Street 
1021  Boyd  Street 

7  N.  Carey  Street 
235  N.  Carey  Street 
325  N.  Carey  Street 


ORDINANCES  Ord.  No.  837 

3  S.  Carlton  Street 
5  S.  Carlton  Street 
7  S.  Carlton  Street 

738  W.  Fairmount  Avenue 
740  W.  Fail-mount  Avenue 
742  W.  Fairmount  Avenue 
744  W.  Fairmount  Avenue 
746  W.  Fairmount  Avenue 
748  W.  Fairmount  Avenue 
750  W.  Fail-mount  Avenue 
839  W.  Fairmount  Avenue 
879  W.  Fairmount  Avenue 

733  W.  Fayette  Street 
735  W.  Fayette  Street 
737  W.  Fayette  Street 
739  W.  Fayette  Street 
741  W.  Fayette  Street 
743  W.  Fayette  Street 
926  W.  Fayette  Street 

314  N.  Fremont  Avenue 
316  N.  Fremont  Avenue 
318-22  N.  Fremont  Avenue 
324  N.  Fremont  Avenue 
326         N.  Fremont  Avenue 

Rear  68',  more  or  less,  1112  Hollins  Street 
1123  Hollins  Street 

1024  W.  Lombard  Street 

45  Mt.  Clare  Street 

903  W.  Mulberry  Street 
905  W.  Mulberry  Street 
907  W.  Mulberry  Street 
909  W.  Mulberry  Street 
911  W.  Mulberry  Street 
913  W.  Mulberry  Street 
915  W.  Mulberry  Street 
917  W.  Mulberry  Street 
919  W.  Mulberry  Street 
921  W.  Mulberry  Street 


ORDINANCES  889 

802  Vine  Street 

823  Vine  Street 

838  Vine  Street 

839  Vine  Street 
842  Vine  Street 
861  Vine  Street 
870  Vine  Street 

Sec.  3.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Bal- 
timore and  for  the  purposes  described  in  this  ordinance, 
the  fee  simple  interest  or  any  lesser  interest  in  and  to  the 
properties  or  portions  thereof  hereinabove  mentioned.  If 
the  Real  Estate  Acquisition  Division  of  the  Department  of 
the  Comptroller,  or  such  person  or  persons  and  in  such 
manner  as  the  Board  of  Estimates,  in  the  exercise  of  the 
Power  vested  in  it  by  Article  V,  Section  5  of  the  Baltimore 
City  Charter,  may  hereafter  from  time  to  time  designate, 
is  or  are  unable  to  agree  with  the  owner  or  owners  on  the 
purchase  price  for  said  properties  or  portions  thereof,  it  or 
they  shall  forthwith  notify  the  City  Solicitor  of  Baltimore 
City,  who  shall  thereupon  institute  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore  the  necessary  legal 
proceedings  to  acquire  by  condemnation  the  fee  simple 
interest  or  any  lesser  interest  in  and  to  said  properties  or 
portions  thereof. 

Sec.  4.  And  be  it  further  ordained,  That  the  approval  of 
Amendment  No.  4  to  the  Urban  Renewal  Plan  for  Popple- 
ton  shall  not  be  construed  as  an  enactment  of  such  amend- 
ments to  the  Zoning  Ordinance  as  are  proposed  in  said 
Urban  Renewal  Plan. 

Sec.  5.  And  be  it  further  ordained,  That  in  whatever  re- 
spect, if  any,  the  Renewal  Plan  approved  hereby  for  the 
Poppleton  area  may  not  meet  the  requirements  as  to  the 
content  of  a  renewal  plan  or  the  procedure  for  the  prepara- 


890  ORDINANCES  Ord.  No.  837 

tion,  adoption,  and  approval  of  renewal  plans  as  provided 
in  Ordinance  No.  152,  approved  June  28,  1968,  as  amended 
to  date,  the  said  requirements  are  hereby  waived  and  the 
amended  Renewal  Plan  approved  hereby  is  exempted  there- 
from. 

Sec.  6.  And  be  it  further  ordained,  That  in  the  event  it  be 
judicially  determined  that  any  word,  phrase,  clause,  sen- 
tence, paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  applica- 
tion thereof  so  held  invalid. 

Sec.  7.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning, 
building,  electrical,  plumbing,  health,  fire  or  safety  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  standard 
for  the  promotion  of  the  public  health  and  safety  shall 
prevail.  In  any  case  where  a  provision  of  this  ordinance  is 
found  to  be  in  conflict  with  an  existing  provision  of  any 
other  ordinance  or  code  or  regulation  in  force  in  the  City 
of  Baltimore  which  establishes  a  lower  standard  for  the 
promotion  and  protection  of  the  public  health  and  safety, 
the  provision  of  this  ordinance  shall  prevail,  and  the  other 
existing  provision  of  such  other  ordinance  or  code  or  regu- 
lation is  hereby  repealed  to  the  extent  that  it  may  be  found 
in  conflict  with  this  ordinance. 

SEC.  8.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  891 

No.  838 
(Council  No.  1672) 

An  Ordinance  to  amend  the  Urban  Renewal  Plan  for  Sharp- 
Leadenhall,  which  Plan  was  originally  approved  by  Ordi- 
nance No.  581,  dated  April  19,  1974,  to,  among  other 
things:  (1)  authorize  the  acquisition  of  certain  prop- 
erties by  purchase  or  by  condemnation  by  the  Mayor  and 
City  Council  of  Baltimore  for  urban  renewal  purposes; 
(2)  designate  certain  properties  for  clearance;  (3) 
change  the  land  use  of  certain  properties ;  (4)  recommend 
corresponding  zoning  district  changes,  and  identify  non- 
conforming uses  effected  thereby;  (5)  provide  that  the 
approval  of  said  amendment  to  the  Renewal  Plan  is  not  an 
enactment  of  the  proposed  amendment  to  the  Zoning  Ordi- 
nance of  Baltimore  City;  (6)  modify  the  boundaries  of 
certain  development  lots  for  residential  reuse;  (7)  revise 
the  exhibits  attached  to  said  Renewal  Plan  to  indicate  the 
changes  provided  therein;  (8)  waive  such  requirements, 
if  any,  as  to  content  or  procedure  for  the  preparation, 
adoption,  and  approval  of  renewal  plans  as  set  forth  in 
Ordinance  No.  152,  approved  June  28,  1968,  as  amended 
to  date,  which  the  Renewal  Plan  for  Sharp-Lea denhall 
may  not  meet;  (9)  provide  for  the  separability  of  the 
various  parts  and  applications  of  this  ordinance;  (10) 
provide  that  where  the  provisions  of  this  ordinance  shall 
conflict  with  any  other  ordinance,  code,  or  regulation,  the 
provision  which  establishes  the  higher  standard  shall 
prevail;  and  (11)  provide  for  the  effective  date  hereof. 

Whereas,  a  Renewal  Plan  for  Sharp-Leadenhall  was  ap- 
proved by  the  Mayor  and  City  Council  of  Baltimore  by  Ordi- 
nance No.  581,  dated  April  19,  1974  and  last  amended  by 
Ordinance  No.  342,  dated  June  15,  1977;  and 

Whereas,  pursuant  to  Section  26,  Article  13  of  the  Balti- 
more City  Code  (1966  Edition),  as  amended  to  date,  no  sub- 
stantial change  or  changes  shall  be  made  in  any  renewal 
plan,  after  approval  by  ordinance,  without  such  change  or 
changes  first  being  adopted  and  approved  in  the  same 
manner  as  set  forth  in  said  Section  26  for  the  approval  of 
renewal  plans,  namely  the  preparation  of  such  change  or 
changes  by  the  Department  of  Housing  and  Community  De- 


892  ORDINANCES  Ord.  No.  838 

velopment,  the  approval  of  such  change  or  changes  by  the 
Director  of  the  Department  of  Planning,  and  approval  and 
adoption  by  an  ordinance  of  the  Mayor  and  City  Council  of 
Baltimore  after  a  public  hearing  in  relation  thereto,  all  in 
the  manner  set  forth  in  said  Section  26 ;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  list  of  changes  to  the  Renewal 
Plan  for  Sharp-Leadenhall,  known  as  "Urban  Renewal  Plan, 
Sharp-Leadenhall  .  .  .  revised  to  include  Amendment  No.  4 
dated  February  21,  1978";  and 

Whereas,  said  Amendment  No.  4  to  the  Renewal  Plan  for 
Sharp-Leadenhall  has  been  approved  by  the  Director  of  the 
Department  of  Planning  on  April  19,  1978  with  respect  to 
its  conformity  as  to  the  Master  Plan,  the  detailed  location 
of  any  public  improvements  proposed  in  the  amended  Re- 
newal Plan,  its  conformity  to  the  rules  and  regulations  for 
subdivisions,  and  all  zoning  changes  proposed  in  the 
amended  Renewal  Plan ;  and  said  Amendment  No.  4  to  the 
Renewal  Plan  has  been  approved  and  recommended  to  the 
Mayor  and  City  Council  of  Baltimore  by  the  Commissioner 
of  the  Department  of  Housing  and  Community  Develop- 
ment on  May  8.  1978 ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendments  and  changes 
to  the  Renewal  Plan  for  Sharp-Leadenhall,  having  been  duly 
reviewed  and  considered,  are  hereby  approved,  and  the  Clerk 
of  the  City  Council  is  hereby  directed  to  file  a  copy  of  said 
Renewal  Plan  revised  to  include  Amendment  No.  4,  dated 
February  21,  1978  AND  REVISED  JUNE  15,  1978,  with 
the  Department  of  Legislative  Reference  as  a  permanent 
public  record  and  make  the  same  available  for  public  in- 
spection and  information. 

1.  In  the  Table  of  Contents,  page  ii,  delete  the  section 
entitled  "Design  Objectives",  paragraph  reference  "C.4.C.", 
page  "11". 

2.  In  the  Table  of  Contents,  page  ii,  under  the  section 
entitled  "EXHIBITS"  change  the  dates  on  exhibits  2 
through  5  4  from  "4/1/77"  to  Ii2/31/W^  "6/15/78"  AND 
ON  EXHIBIT  5  FROM  "4/1/77"  TO  "2/21/78". 


ORDINANCES  893 

3.  On  page  4,  under  the  section  entitled  "Non-Conform- 
ing",  delete  the  words  "existing  non-conforming  uses  or 
are"  in  lines  6  and  7 ;  also,  in  line  9,  after  the  sentence  end- 
ing with  "Exhibit  5.",  insert  the  following  new  sentence: 

"Also  listed  in  Appendix  B  of  this  Plan  and  indicated  on 
Exhibit  5  are  existing  non-conforming  uses  which  will  con- 
tinue to  be  non-conforming  after  the  enactment  of  an  ordi- 
nance adopting  the  zoning  proposals  indicated  on  Exhibit 
5." 

4.  On  page  10,  under  the  first  subsection  "(a)"  at  the 
top  of  the  page,  in  the  second  line,  change  the  last  word 
"and"  to  "or". 

5.  Delete  all  of  page  12  and  the  first  paragraph  on  page 
13,  section  entitled  "Design  Objectives". 

6.  On  page  13,  under  Section  D.,  entitled  "DURATION 
OF  PROVISIONS  AND  REQUIREMENTS",  delete  the 
existing  language  and  insert  in  lieu  thereof  the  following: 

"The  Sharp-Lead enhall  Urban  Renewal  Plan,  as  it  may  be 
amended  from  time  to  time,  shall  remain  in  full  force  and 
effect  for  a  period  of  forty  (40)  years  from  the  date  of 
original  adoption  of  this  Renewal  Plan  by  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore." 

7.  On  page  13,  under  Section  E.,  entitled  "PROCE- 
DURES FOR  CHANGES  IN  APPROVED  PLAN",  delete 
the  words  "City  Planning  Commission"  in  the  4th  line,  and 
insert  in  lieu  thereof  "Director  of  the  Department  of 
Planning". 

8.  Delete  "APPENDIX  A,  PROPERTIES  FOR  ACQUI- 
SITION AND  DISPOSITION  FOR  RESIDENTIAL  RE- 
HABILITATION", page  15,  and  insert  in  lieu  thereof  re- 
vised Appendix  A. 

9.  Delete  "APPENDIX  B,  NON-CONFORMING 
USES",  page  16,  and  insert  in  lieu  thereof  revised  Ap- 
pendix B. 

Sec.  2.  And  be  it  further  ordained,  That  it  may  be  neces- 
sary to  acquire,  by  purchase  or  by  condemnation  for  urban 
renewal  purposes,  the  fee  simple  interest  or  any  lesser  in- 


894  ORDINANCES  Ord.  No.  838 

terest  in  and  to  certain  properties  or  portions  thereof,  to- 
gether with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both 
abutting  the  whole  area  described  and/or  contained  within 
the  perimeter  of  said  area,  situate  in  Baltimore  City,  Mary- 
land, provided  that  said  properties  or  portions  thereof  are 
not  deemed  necessary  by  the  Director  of  the  Department  of 
Public  Works  for  highway  purposes,  and  described  as 
follows : 

1007  Creek  Street 

1009  Creek  Street 

100  W.  Cross  Street 
102  W.  Cross  Street 
104  W.  Cross  Street 
123  W.  Cross  Street 
129  W.  Cross  Street 

127  W.  Hamburg  Street 

827  S.  Hanover  Street 
829  S.  Hanover  Street 

1003  Leadenhall  Street 

1005  Leadenhall  Street 

1007  Leadenhall  Street 

1009  Leadenhall  Street 

1011  Leadenhall  Street 

808  Peach  Street 

810  Peach  Street 

812  Peach  Street 

814  Peach  Street 

&J4  Poach  Stroot 

836  Peach  Street 

838  Peach  Street 

1121  Race  Street 

803  S.  Sharp  Street 

807  S.  Sharp  Street 

809  S.  Sharp  Street 

815  S.  Sharp  Street 

833  S.  Sharp  Street 

835  S.  Sharp  Street 


ORDINANCES  895 

127  W.  West  Street 
Ward  23,  Section  7,  Block  961,  Lot  4 

Sec.  3.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Bal- 
timore and  for  the  purposes  described  in  this  ordinance,  the 
fee  simple  interest  or  any  lesser  interest  in  and  to  the  prop- 
erties or  portions  thereof  hereinabove  mentioned.  If  the 
said  Real  Estate  Acquisition  Division  of  the  Department  of 
the  Comptroller,  or  such  person  or  persons,  and  in  such 
manner  as  the  Board  of  Estimates  in  the  exercise  of  the 
power  vested  in  it  by  Article  V,  Section  5,  of  the  Baltimore 
City  Charter,  may  hereafter  from  time  to  time  designate, 
is  or  are  unable  to  agree  with  the  owner  or  owners  on  the 
purchase  price  for  said  properties  or  portions  thereof,  it  or 
they  shall  forthwith  notify  the  City  Solicitor  of  Baltimore 
City,  who  shall  thereupon  institute  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore  the  necessary  legal 
proceedings  to  acquire  by  condemnation  the  fee  simple  in- 
terest or  any  lesser  interest  in  and  to  said  properties  or 
portions  thereof. 

Sec.  4.  And  be  it  further  ordained,  That  the  approval  of 
Amendment  No.  4  to  the  Urban  Renewal  Plan  for  Sharp- 
Leadenhall  shall  not  be  construed  as  an  enactment  of  such 
amendments  to  the  Zoning  Ordinance  as  are  proposed  in 
said  Urban  Renewal  Plan. 

Sec.  5.  And  be  it  further  ordained,  That  in  whatever  re- 
spect, if  any,  the  Renewal  Plan  approved  hereby  for  the 
Sharp-Leadenhall  area  may  not  meet  the  requirements  as 
to  the  content  of  a  renewal  plan  or  the  procedure  for  the 
preparation,  adoption,  and  approval  of  renewal  plans  as 
provided  in  Ordinance  No.  152,  approved  June  28,  1968,  as 
amended  to  date,  the  said  requirements  are  hereby  waived 
and  the  amended  Renewal  Plan  approved  hereby  is  ex- 
empted therefrom. 


896  ORDINANCES  Ord.  No.  838 

Sec.  6.  And  be  it  further  ordained,  That  in  the  event  it  be 
judicially  determined  that  any  word,  phrase,  clause,  sen- 
tence, paragraph,  section  or  part  in  or  of  this  ordinance  or 
the  application  thereof  to  any  person  or  circumstances  is 
invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  or  the  application 
thereof  so  held  invalid. 

Sec.  7.  And  be  it  further  ordained,  That  in  any  case  where 
a  provision  of  this  ordinance  concerns  the  same  subject 
matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  code  or  regulation, 
the  applicable  provisions  concerned  shall  be  construed  so  as 
to  give  effect  to  each ;  provided,  however,  that  if  such  pro- 
visions are  found  to  be  in  irreconcilable  conflict,  the  pro- 
vision which  establishes  the  higher  standard  for  the  pro- 
motion of  the  public  health  and  safety  shall  prevail.  In  any 
case  where  a  provision  of  this  ordinance  is  found  to  be  con- 
flict with  an  existing  provision  of  any  other  ordinance  or 
code  or  regulation  in  force  in  the  City  of  Baltimore  which 
establishes  a  lower  standard  for  the  promotion  and  protec- 
tion of  the  public  health  and  safety,  the  provision  of  this 
ordinance  shall  prevail,  and  the  other  existing  provision  of 
such  other  ordinance  or  code  or  regulation  is  hereby  re- 
pealed to  the  extent  that  it  may  be  found  in  conflict  with 
this  ordinance. 

Sec.  8.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  897 

No.  839 
(Council  No.  1673) 

An  Ordinance  to  amend  Ordinance  No.  291  approved  by  the 
Mayor  and  City  Council  of  Baltimore  on  March  8,  1977, 
adopting  an  Urban  Renewal  Plan  for  the  Municipal 
Center  Area  with  regard  to  acquisition,  and  to  amend 
the  Municipal  Center  Urban  Renewal  Plan  with  regard 
to:  (1)  Section  D.4.  acquisition  and  (2)  to  add  an  Exhibit 
F.  "Acquisition  Plan". 

Whereas,  Ordinance  No.  291  adopting  the  Municipal 
Center  Area  Urban  Renewal  Plan  was  approved  by  the 
Mayor  and  City  Council  of  Baltimore  on  March  8,  1977;  and 

Whereas,  the  Department  of  Housing  and  Community 
Development  desires  to  amend  Ordinance  No.  291  with  re- 
gard to  acquisition,  and  to  amend  the  Municipal  Center 
Area  Urban  Renewal  Plan  with  regard  to:  (1)  Section  D.4. 
Acquisition  and  (2)  to  add  an  Exhibit  F  "Acquisition 
Plan";  and 

Whereas,  the  following  amendments  to  the  Urban  Re- 
newal Plan  were  approved  by  the  Director  of  the  Depart- 
ment of  Planning  of  Baltimore  on  May  3,  1978,  and  were 
approved  and  recommended  to  the  City  Council  by  the  De- 
partment of  Housing  and  Community  Development;  now, 
therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  that  the  following  amendments  to  Ordinance 
No.  291  adopting  the  Municipal  Center  Area  Urban  Re- 
newal Plan  and  the  Municipal  Center  Area  Urban  Renewal 
Plan  (hereinafter  referred  to  as  "Plan")  having  been  duly 
reviewed  and  considered  are  hereby  approved  and  the  Clerk 
of  the  City  Council  is  hereby  directed  to  file  a  copy  of  said 
amendments  with  the  Department  of  Legislative  Reference 
as  a  permanent  public  record  and  make  the  same  available 
for  public  inspection  and  information: 

(a)  On  Page  6  of  Ordinance  No.  291  strike  out  lines  41 
through  47  and  insert  in  lieu  thereof: 

"  (c)   Acquisition  of  Property 


898  ORDINANCES  Ord.  No.  839 

(i)  Properties  designated  for  acquisition  on  Exhibit 
F  "Acquisition  Plan"  (including  parts  thereof  or  interests 
therein)  will  be  acquired  by  purchase  or  condemnation.  The 
following  properties  will  be  acquired: 

Block  1331  Lot  16     407  East  Fayette  Street 

Block  1331  Lot  17     13-19  Holliday  Street 

(ii)  It  may  be  necessary  to  acquire  by  purchase  or 
by  condemnation,  for  urban  renewal  purposes,  the  fee  sim- 
ple interest  or  any  lesser  interest  in  and  to  such  of  the 
properties  or  portion  thereof  in  the  Municipal  Center  Area 
not  specifically  designated  for  acquisition  on  Exhibit  F 
"Acquisition  Plan",  as  may  be  deemed  necessary  by  the 
Commissioner  to  effect  the  proper  implementation  of  the 
Renewal  Plan.  This  may  include: " 

(b)  On  Pages  6  and  7  of  Ordinance  No.  291  in  lines  48, 
52,  and  56  redesignate  paragraphs  (i),  (ii)  and  (iii)  as 
paragraphs  (aa),  (bb)  and  (cc). 

(c)  In  the  Table  of  Contents  of  the  Plan  in  D.4.  "Ac- 
quisition of  Property  for  Non-Compliance",  delete  the  words 
"for  Non-Compliance". 

(d)  In  the  Table  of  Contents  of  the  Plan  following  Ex- 
hibit E  "Right-of-Way  Adjustments"  add  "Exhibit  F,  Ac- 
quisition Plan". 

(e)  On  Page  8  of  the  Plan  at  the  beginning  of  Section 
D.4.  insert: 

"Acquisition  of  Property 

(a)   Acquisition 

A  Property  Acquisition  Map,  which  designates  those 
properties  to  be  acquired,  is  attached  as  Exhibit  F." 

(f )  On  Page  8  of  the  Plan  before  the  words  "Acquisition 
of  Property  for  Non-Compliance"  insert  the  letter  and 
parenthesis  "(b)". 

(g)  On  Page  8  of  the  Plan  following  Section  D.4.(b) 
redesignate  subparts  (a)  through  (c)  as  subparts  (i) 
through  (iii). 

(h)  On  Page  10  of  the  Plan  in  the  heading  of  Section 
D.6.  strike  out  the  words  "for  Nwn-Compliance". 


ORDINANCES  899 

(i)   Following  Exhibit  E.  of  the  Plan  add  Exhibit  F. 
"Acquisition  Plan". 

SEC.  2.  And  be  it  further  ordained,  that  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  840 
(Council  No.  1741) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Char- 
ter, all  of  the  interest  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  those  parcels  of  land  and  improve- 
ments known  as  Nos.  730,  732  and  734  W.  Redwood 
Street  and  725,  727,  729,  731  W.  Baltimore  Street,  Balti- 
more, Maryland,  said  properties  being  no  longer  needed 
for  public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  pri- 
vate sale  in  accordance  with  Article  V,  Section  5  (b)  of  the 
City  Charter,  all  of  the  interest  of  the  Mayor  and  City 
Council  of  Baltimore  in  and  to  those  parcels  of  land  situate 
in  Baltimore,  Maryland,  and  described  as  follows: 

730,  732  and  734  W.  REDWOOD  STREET 

725,  727,  729,  731  W.  BALTIMORE  STREET 

Said  properties  being  no  longer  needed  for  public  use. 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 


900  ORDINANCES  Old.  No.  841 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  841 
(Council  No.  1786) 

An  Ordinance  to  amend  the  Renewal  Plan  for  Mount  Ver- 
non, which  Plan  was  originally  approved  by  Ordinance 
No.  281,  dated  June  22,  1964,  to,  among  other  things, 
(1)  expand  the  boundaries  of  Mount  Vernon  to  include 
the  block  bounded  by  Howard,  Read,  Tyson,  and  Madison 
Streets;  (2)  designate  the  properties  at  801-899  N. 
Howard  Street,  216-222  W.  Madison  Street,  and  235-245 
W.  Read  Street  as  the  Antique  Row  Commercial  Area 
and  provide  exterior  rehabilitation  standards  for  these 
properties;  (3)  delete  proposed  widening  of  Saint  Paul 
Street  between  Centre  and  Monument  Streets;  (4)  change 
the  use  of  the  disposition  lots  bounded  by  Saint  Paul 
Street,  Centre  Street,  former  Hunter  Street,  and  Monu- 
ment Street  from  Residential  to  Mixed  Use  and  revise 
the  standards  and  controls  governing  the  development  of 
these  lots;  (5)  revise  the  permitted  land  uses  within 
Mount  Vernon;  (6)  delete  minimum  setback  require- 
ments on  disposition  lots  bordering  on  Saint  Paul  Street; 
(7)  specify  that  plans  for  exterior  rehabilitation  and 
change  in  use  on  any  unacquired  property  be  reviewed 
by  the  Department  of  Housing  and  Community  Develop- 
ment; (8)  revise  procedures  for  notification  of  developers 
of  public  hearings  on  Renewal  Plan  changes;  (9)  revise 
the  list  of  non-conforming  uses  to  eliminate  certain  com- 
mercial uses  no  longer  in  existence;  (10)  revise  certain 
exhibits  attached  to  said  Plan  to  indicate  the  changes 
provided  herein;  (11)  waive  such  requirements,  if  any, 
as  to  content  or  procedure  for  the  preparation,  adoption, 
and  approval  of  renewal  plans  as  set  forth  in  Section  25 
of  Article  13  of  the  Baltimore  City  Code  (1977  Cumula- 


ORDINANCES  901 

tive  Supplement) ;  (12)  provide  for  the  separability  of 
the  various  parts  and  applications  of  this  ordinance; 
(13)  provide  that  where  the  provisions  of  this  ordinance 
shall  conflict  with  any  other  ordinance,  code  or  regula- 
tion, the  provisions  which  establish  the  higher  standard 
shall  prevail;  and  (14)  provide  for  the  effective  date 
hereof. 

Whereas,  the  Renewal  Plan  for  Mount  Vernon  was  ap- 
proved by  the  Mayor  and  City  Council  of  Baltimore  by 
Ordinance  No.  281,  dated  June  22,  1964,  and  last  amended 
by  Ordinance  No.  120,  dated  June  30,  1976 ;  and 

Whereas,  pursuant  to  Section  25,  Article  13,  of  the 
Baltimore  City  Code  (1977  Cumulative  Supplement),  no 
substantial  change  or  changes  shall  be  made  in  any  re- 
newal plan  after  approval  by  ordinance,  without  such 
change  or  changes  first  being  adopted  and  approved  in  the 
same  manner  as  set  forth  in  said  Section  25  for  the  ap- 
proval of  a  renewal  plan,  namely  the  preparation  of  such 
change  or  changes  by  the  Department  of  Housing  and  Com- 
munity Development,  the  approval  of  such  change  or 
changes  by  the  Director  of  the  Department  of  Planning, 
and  approval  and  adoption  by  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore  after  A  public  hearing  in  rela- 
tion thereto,  all  in  the  manner  set  forth  in  said  Section 
25;  and 

Whereas,  extensive  changes  in  the  Renewal  Plan  for 
Mount  Vernon  make  it  infeasible  to  make  line-by-line 
changes;  therefore,  the  Department  of  Housing  and  Com- 
munity Development  has  prepared  an  amended  Renewal 
Plan  for  Mount  Vernon,  revised  to  include  Amendment  No. 
8,  dated  May  15,  1978 ;  and 

Whereas,  the  amended  Renewal  Plan  for  Mount  Vernon 
has  been  approved  by  the  Director  of  the  Department  of 
Planning  on  May  31,  1978,  with  respect  to  its  conformity 
as  to  the  Master  Plan;  the  detailed  location  of  any  public 
improvements  proposed  in  the  amended  Renewal  Plan;  its 
conformity  to  the  rules  and  regulations  for  subdivisions; 
its  conformity  to  existing  zoning  classifications;  and  the 
amended  Renewal  Plan  for  Mount  Vernon  has  been  ap- 
proved and  recommended  to  the  Mayor  and  City  Council 
of  Baltimore  by  the  Commissioner  of  the  Department  of 


902  ORDINANCES  Ord.  No.  841 

Housing  and   Community   Development   on  June  7,   1978; 
now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendment  and  changes 
to  the  Renewal  Plan  for  Mount  Vernon,  having  been  duly- 
reviewed  and  considered,  are  hereby  approved  and  the  Clerk 
of  the  City  Council  is  hereby  directed  to  file  a  copy  of  said 
Renewal  Plan,  revised  to  include  Amendment  No.  8,  dated 
May  15,  1978,  with  the  Department  of  Legislative  Refer- 
ence as  a  permanent  public  record  and  to  make  the  same 
available  for  public  inspection  and  information. 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  expand  the  boundary  of  Mount  Vernon  to  include  the 
block  bounded  by  Howard,  Read,  Tyson,  and  Madison 
Streets;  therefore,  the  boundaiy  description  is  hereby 
amended  to  read  as  follows: 

Beginning  for  the  same  at  a  point  formed  by  the  inter- 
section of  the  center  line  of  Howard  Street,  [82  feet  wide], 
and  the  south  side  of  Centre  Street,  £66  feet  wide];  and 
running  thence  binding  on  the  center  line  of  said  Howard 
Street  northerly  £884  feet  and  9  inches,  more  or  less,  to 
intersect  a  line  as  produced  westerly  from  the  north  side  of 
Madison  Street,  66  feet  wide ;  thence  binding  reversely  and 
easterly  on  said  line  along  the  north  side  of  said  Madison 
Street  208  feet,  more  or  less,  to  intersect  the  west  side  of 
Tyson  Street,  22  feet  wide ;  thence  binding  on  the  west  side 
of  said  Tyson  Street  northerly  840  feet,  more  or  less,]  to 
intersect  the  north  side  of  Read  Street,  [66  feet  wide]; 
thence  binding  on  the  north  side  of  said  Read  Street  south- 
easterly and  [725  feet  and  9  inches,  more  or  less,  to  inter- 
sect the  west  side  of  Cathedral  Street,  66  feet  wide ;  thence 
binding  on  the  north  side  of  said  Read  Street]  easterly 
[225  feet  and  10  inches,  more  or  less],  to  intersect  the 
west  side  of  Morton  Street,  [20  feet  wide] ;  thence  binding 
on  the  west  side  of  said  Morton  Street  northerly  [494  feet, 
and  6  inches,  more  or  less],  to  intersect  the  north  side  of 
Eager  Street.  £66  feet  wide] ;  thence  binding  on  the  north 
side  of  said  Eager  Street  easterly  [1,406  feet  and  10  inches, 
more  or  less,]  to  intersect  the  east  side  of  Guilford  Avenue, 
[60  feet  wide] ; 


ORDINANCES  903 

thence  binding  on  the  east  side  of  said  Guilford  Avenue 
southerly  £948  feet,  more  or  less,]  to  intersect  the  south 
side  of  Madison  Street,  [65  feet  wide];  thence  binding  on 
the  south  side  of  said  Madison  Street  westerly  £384  feet, 
more  or  less,]  to  intersect  the  east  side  of  Calvert  Street, 
[60  feet  wide];  thence  binding  on  the  east  side  of  said 
Calvert  Street  southerly  £320  feet,  more  or  less,]  to  inter- 
sect the  north  side  of  Monument  Street,  £66  feet  wide]; 
thence  binding  on  the  north  side  of  said  Monument  Street 
easterly  £307  feet  and  4  inches,  more  or  less,]  to  intersect 
the  west  side  of  Guilford  Avenue,  £80  feet  wide];  thence 
binding  on  the  west  side  of  Guilford  Avenue  southerly 
[497  feet  and  7  inches,  more  or  less,]  to  intersect  the  south 
side  of  Centre  Street,  £66  feet  wide];  thence  binding  on 
the  south  side  of  said  Centre  Street,  westerly  £306  feet  and 
5  inches,  more  or  less,]  to  intersect  the  east  side  of  Calvert 
Street,  £60  feet  wide] ;  thence  binding  on  the  east  side  of 
said  Calvert  Street  southerly  £450  feet,  more  or  less,]  to 
intersect  a  line  as  produced  easterly  from  the  south  side  of 
Franklin  Street,  £70  feet  wide] ; 

thence  binding  reversely  on  the  south  side  of  said  Franklin 
Street  westerly  £190  feet,  more  or  less,]  to  intersect  the 
west  side  of  Hargrove  Alley,  £20  feet  wide];  thence  bind- 
ing on  the  west  side  of  said  Hargrove  Alley  northerly  £210 
feet,  more  or  less,]  to  intersect  the  south  side  of  Hamilton 
Street,  £40  feet  wide] ;  thence  binding  on  the  south  side  of 
Hamilton  Street  westerly  £307  feet  and  2  inches,  more  or 
less,]  to  intersect  the  west  side  of  St.  Paul  Place,  £80  feet 
wide];  thence  binding  on  the  west  side  of  said  St.  Paul 
Place  northeasterly  £259  feet  and  4  inches,  more  or  less,] 
to  intersect  the  south  side  of  Centre  Street  £,  66  feet  wide] ; 
thence  binding  on  the  south  side  of  said  Centre  Street 
westerly  £1628  feet  and  3  inches,  more  or  less,]  to  the  point 
of  beginning. 

Sec.  3.  And  be  it  further  ordained,  That  over  and  above 
the  codes  and  ordinances  of  the  City  of  Baltimore,  the  fol- 
lowing additional  standards  shall  be  applied  to  the  proper- 
ties, whether  occupied  or  vacant,  at  801-899  N.  Howard 
Street,  216-222  W.  Madison  Street,  and  235-245  W.  Read 
Street,  designated  as  the  Antique  Row  Commercial  Area: 

(1)     Building  Fronts 


904  ORDINANCES  Ord.  No.  841 

(a)  Repair  and  Maintenance 

All  structural  and  decorative  elements  of  building  fronts 
including  storefronts,  doors,  windows,  cornices,  roofs,  dor- 
mers, shutters  and  downspouts,  and  masonry  along  Howard, 
Madison  and  Read  Streets  shall  be  repaired  and  kept  in 
good  condition.  Brickwork  or  other  surfaces  shall  be  re- 
paired and  cleaned  as  necessary.  All  woodwork  shall  be 
finished  with  paint  or  other  acceptable  finish  in  an  accept- 
able color. 

Existing  miscellaneous  elements  on  building  fronts,  such  as 
empty  electrical  conduits,  unused  sign  brackets,  etc.,  shall 
be  removed. 

(b)  Applied  Facing  Material 

Where  the  original  building  facade  has  received  alterations 
through  the  use  of  applied  facing  material  (s),  such  as  cor- 
rugated metal,  siding,  or  formstone,  the  facade  shall  be 
renewed  either  by  removing  the  applied  facing  material 
and  repairing  and  refinishing  the  original  facade,  or  by 
treating  the  applied  facing  material  so  that  it  is  harmoni- 
ous and  compatible  with  the  building  facade  and  the  block 
face. 

(c)  Storefronts 

Storefronts  in  substantial  conformity  with  the  original  de- 
sign shall  be  refurbished.  Storefronts  that  are  inconsistent 
with  the  original  design  character  shall  be  modified  to  be 
compatible  with  the  scale  and  character  of  the  Antique 
Row  Commercial  Area. 

It  is  the  intent  of  the  Plan  that  show  windows  predominate 
at  street  level  and  that  large  blank  wall  areas  at  first  floor 
be  avoided. 

(d)  Windows 

Window  openings  in  upper  floors  shall  not  be  filled  or 
boarded  up. 

Painting  of  window  glass  at  any  floor  except  for  authorized 
identification  in  Section  (4)  Signs  below  shall  not  be 
permitted. 

Window  shutters  may  be  used  on  the  exterior,  placed  in 
pairs  on  both  sides  of  windows. 


ORDINANCES  905 

(e)  Awnings 

Awnings  made  out  of  canvas,  vinyl  or  other  soft  material 
shall  be  permitted  in  accordance  with  the  provisions  of  the 
City  Ordinance. 

(f )  Security  Grilles 

Enclosures  and  housings  for  any  security  grilles  and  screens 
shall  be  as  inconspicuous  as  possible  and  shall  be  compatible 
with  other  elements  of  the  facade. 

(g)  Roofs  and  Dormer  Windows 

Sloping  roofs  and  dormer  windows  visible  from  public 
streets  shall  be  considered  part  of  the  building  front  and 
shall  be  kept  in  good  repair.  Colors  shall  be  compatible  with 
the  building  facade. 

(h)     Gutters  and  Downspouts 

Sheet  metal  gutters  and  downspouts  shall  be  repaired  or 
replaced  as  necessary  and  shall  be  neatly  located  and  se- 
curely installed.  Finish  color  shall  be  chosen  to  blend  with 
the  building  facade. 

(i)     Modern  Conveniences 

Television  or  radio  antennas,  condenser  elements,  window 
air-conditioning  units,  visible  from  public  streets,  shall  be 
treated  and  placed  so  that  they  are  as  inconspicuous  as 
possible. 

(2)  Si4e  Walls  an4  Rea*  ¥a*ds  REAR  AND  SIDE 
WALLS 

Rear  and  side  walls  shall  be  repaired  and  finished  to 
present  a  neat  and  finished  appearance. 

(3)  Parking  Lots 

Parking  lots,  including  ancillary  surface  parking  lots 
visible  from  Howard  or  Read  Streets  shall  be  effectively 
screened  and  landscaped.  Screening  shall  be  accomplished 
with  masonry  walls  or  other  acceptable  materials  and  de- 
tails which  are  compatible  and  harmonious  with  the  design 
character  of  the  Antique  Row  area. 

It  is  the  intent  of  the  Plan  that  the  screening  wall  matches 
as  closely  as  possible  the  material  and  construction  tech- 
nique of  one  of  the  adjacent  structures. 


906  ORDINANCES  Ord.  No.  841 

Screening  and  landscaping  shall  be  designed  and  placed  so 
as  not  to  obstruct  vehicle  sight  distances  at  entrances  and 
exits. 

(4)     Signs 

(a)  Signs  shall  not  exceed  in  area  twice  the  width 
in  feet  of  the  frontage  of  the  building.  In  case  of  corner 
properties,  each  facade  is  to  be  calculated  separately  as  to 
size  allowed  for  each. 

(b)  Roof  top  signs  shall  not  be  permitted.  Signs 
shall  not  interfere  with  important  architectural  details  of 
a  building,  such  as  cornices,  frieze,  and  arches.  Sign  place- 
ment shall  be  on  a  flat  portion  of  the  facade  or  entirely 
within  the  confines  of  an  opening. 

(c)  No  signs  other  than  those  identifying  the  prop- 
erty where  they  are  installed  or  identifying  the  use  con- 
ducted therein  shall  be  permitted.  Advertising  by  material 
or  product  manufacturers  shall  not  be  permitted  except  as 
primary  identification  of  an  establishment. 

All  lighting  and  electrical  elements  of  signs  such  as  wires, 
conduits,  junction  boxes,  transformers,  ballasts,  switches, 
and  panel  boxes  shall  be  concealed  from  view  as  much  as 
possible. 

(d)  Non-illuminated  signs  attached  at  right  angles 
to  a  building  are  permitted  provided  that  there  is  no  more 
than  one  (1)  such  sign  for  each  storefront,  it  projects  no 
more  than  four  (4)  feet  across  the  building  line,  does  not 
exceed  six  (6)  square  feet  in  area  and  does  not  exceed  in 
height  the  second  story  window  sill  level. 

All  new  projecting  signs  shall  be  in  accordance  with  the 
above  criteria.  Existing  projecting  signs  that  do  not  con- 
form to  the  above  criteria  may  continue  to  remain  until 
change  of  ownership  of  the  property,  change  of  use  of  the 
property,  or  any  design  or  structural  change  to  the  existing 
sign,  whichever  occurs  first. 

(e)  Projecting  banners  or  flags  made  out  of  cloth  or 
other  soft  material  of  approved  design  are  permitted. 
Graphic  signs  depicting  the  business  and  use  of  symbols 
are  encouraged.  Painted  or  inlaid  signs  on  cloth  awnings 
are  permitted.  Size,  shape,  letter  style  (s),  colors,  method 


ORDINANCES  907 

of  installation  and  general  compatibility  of  graphic  signs 
and  banners  with  the  building  should  be  considered. 

(f )  Show  windows  shall  not  be  painted  for  advertis- 
ing purposes  but  may  be  painted  for  authorized  identifica- 
tion of  the  place  of  business.  Temporary  or  permanent 
signs  applied  or  placed  against  any  surface  or  a  show  win- 
dow shall  not  exceed  20%  of  the  area  of  that  show  window. 
Flashing  or  moving  signs  other  than  barber  poles  shall  not 
be  permitted. 

(g)  No  new  general  advertising  signs  (billboards 
and  posterboards)  shall  be  allowed  within  the  Antique  Row 
area.  Existing  general  advertising  signs  shall  be  terminated 
within  five  years. 

No  signs  shall  be  permitted  except  as  herein  provided  or 
as  otherwise  authorized  by  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development. 

(5)  Period  of  Compliance 

All  exterior  rehabilitation  work  necessary  to  meet  the 
above  standards  for  the  Antique  Row  Commercial  Area 
shall  be  completed  within  twelve  (12)  months  from  effec- 
tive date  of  this  ordinance,  unless  extended  by  the  Commis- 
sioner of  the  Department  of  Housing  and  Community 
Development. 

No  work,  alterations,  or  improvements  shall  be  undertaken 
after  enactment  of  this  Plan  which  do  not  conform  with  the 
requirements  herein. 

Nothing  herein  shall  be  construed  to  permit  any  sign,  con- 
struction, alteration,  change,  repair,  use  or  any  other  mat- 
ter otherwise  forbidden  or  restricted  or  controlled  by  any 
other  public  law. 

(6)  Plan  Review 

Within  the  Antique  Row  area,  plans  for  all  building 
improvements,  modifications,  repair,  demolition,  rehabilita- 
tion, signs,  or  painting  concerning  the  exterior  of  the  exist- 
ing buildings,  and  for  all  new  construction  shall  be  sub- 
mitted for  review  to  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development  and  written  ap- 
proval by  the  Department  shall  be  required  before  proceed- 
ing with  the  work. 


908  ORDINANCES  Ord.  No.  841 

(a)  Exterior  rehabilitation  plans  shall  include  entire 
building-  elevation,  drawn  at  a  suitable  scale,  to  show  in 
sufficient  detail  the  storefront  design,  windows,  cornices, 
colors,  materials,  signs,  lighting,  awning  and  other  archi- 
tectural features. 

The  review  of  plans  shall  be  concerned  with  all  aspects  of 
design  affecting  exterior  appearance  and  in  particular  with 
the  following: 

— Design  of  storefront  and  entrance  areas  including  choice 
of  materials  and  colors; 

— Design  of  signs  and  awnings  including  colors,  materials, 
illumination  and  method  of  installation ;  and 

— Finish  materials  and  colors  for  all  other  portions  of 
exterior  facade  (s)  including  windows,  masonry,  and 
cornices. 

(b)  Community  Review 

The  Commissioner  of  the  Department  of  Housing  and  Com- 
munity Development  may  submit  to  the  Howard,  Read  and 
Tyson  Streets  Association,  Inc.  or  its  successor  for  its  re- 
view and  comment,  any  plan  or  plans  submitted  to  him 
under  the  provisions  of  Section  (6)  (a)  above.  The  written 
comments  and  recommendations  from  this  review  shall  be 
transmitted  to  the  Department  of  Housing  and  Community 
Development  no  later  than  three  (3)  weeks  after  the  plans 
have  been  submitted  to  the  Howard,  Read  and  Tyson  Streets 
Association,  Inc.;  otherwise,  it  is  presumed  that  the  plans 
are  acceptable.  The  Commissioner  of  the  Department  of 
Housing  and  Community  Development  retains  the  final  au- 
thority to  approve  or  disapprove  all  plans. 

Sec.  4.  And  be  it  further  ordained,  That  any  person  vio- 
lating any  of  the  provisions  of  Section  3  of  this  ordinance 
shall  be  guilty  of  a  misdemeanor  and  shall  be  subject  to  a 
fine  not  exceeding  One  Hundred  Dollars  ($100.00)  and  that 
each  day's  violation  shall  constitute  a  separate  offense. 

Sec.  5.  And  be  it  further  ordained,  That  in  whatever  re- 
spect, if  any,  the  amended  Renewal  Plan  approved  hereby 
for  Mount  Vernon  may  not  meet  the  requirements  as  to  the 
content  of  a  Renewal  Plan  or  the  procedures  for  the  prep- 
aration, adoption,  and  approval  of  Renewal  PlanS,  as  pro- 


ORDINANCES  909 

vided  in  Section  25  of  Article  13  of  the  Baltimore  City  Code 
(1977  Cumulative  Supplement),  the  said  requirements  are 
hereby  waived  and  the  amended  Renewal  Plan  approved 
hereby  is  exempted  therefrom. 

Sec.  6.  And  be  it  further  ordained,  That  in  the  event  it  be 
judicially  determined  that  any  word,  phrase,  clause,  sen- 
tence, paragraph,  section  or  part  in  or  of  this  ordinance  or 
the  application  thereof  to  any  person  or  circumstances  is 
invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
sentence,  paragraph,  section,  or  part  or  the  application 
thereof  so  held  invalid. 

Sec.  7.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable  con- 
flict, the  provision  which  establishes  the  higher  standard 
for  the  promotion  of  the  public  health  and  safety  shall 
prevail.  In  any  case  where  a  provision  of  this  ordinance  is 
found  to  be  in  conflict  with  an  existing  provision  of  any 
other  ordinance  or  code  or  regulation  in  force  in  the  City  of 
Baltimore  which  establishes  a  lower  standard  for  the  pro- 
motion and  protection  of  the  public  health  and  safety,  the 
provision  of  this  ordinance  shall  prevail,  and  the  other 
existing  provision  of  such  other  ordinance  or  code  or  regu- 
lation is  hereby  repealed  to  the  extent  that  it  may  be  found 
in  conflict  with  this  ordinance. 

Sec.  8.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


910  ORDINANCES  Ord.  No.  842 

No.   842 
(Council  No.  1833) 

An  Ordinance  authorizing  and  providing  for  the  issuance 
from  time  to  time,  by  The  Mayor  and  City  Council  of 
Baltimore,  Maryland  of  its  revenue  bonds,  designated 
'Tort  Facilities  Revenue  Bonds  (Apex  Oil  Company 
Project)"  in  an  aggregate  principal  amount  not  exceed- 
ing $5,000,000  pursuant  to  the  provisions  of  Sections 
266A  through  266-1,  inclusive,  of  Article  41  of  the  An- 
notated Code  of  Maryland  (1978  Replacement  Volume) 
in  order  to  loan  the  proceeds  to  Petroleum  Fuel  and 
Terminal  Company,  a  Missouri  corporation  and  a  wholly 
owned  subsidiary  of  Apex  Oil  Company,  a  Missouri  cor- 
poration, for  the  sole  and  exclusive  purpose  of  financing 
the  acquisition  of  certain  port  facilities  in  the  City  of 
Baltimore  as  provided  in  this  ordinance;  making  certain 
legislative  findings,  among  others,  concerning  the  public 
benefit  and  purpose  of  the  revenue  bonds;  providing  that 
such  revenue  bonds  (a)  shall  be  payable  solely  and  only 
from  revenue  derived  from  payments  to  the  City  on 
account  of  such  loan  and  (b)  shall  not  ever  constitute 
within  the  meaning  of  any  constitutional  or  charter  pro- 
vision or  otherwise  (i)  an  indebtedness  of  Mayor  and 
City  Council  of  Baltimore,  or  any  other  political  subdivi- 
sion or  (ii)  a  charge  against  the  general  credit  or  taxing 
powers  of  such  City;  providing  that  this  ordinance  shall 
constitute  a  binding  and  enforceable  commitment  by 
such  City  to  issue  the  revenue  bonds  so  authorized;  au- 
thorizing the  private  sale  of  such  revenue  bonds;  pro- 
viding that  certain  matters  pertaining  to  such  revenue 
bonds,  including  (without  limitation)  amounts  and  dates 
of  any  series  of  such  revenue  bonds,  maturity  or  maturi- 
ties, sinking  fund  requirements  and  redemption  provi- 
sions, shall  be  determined  administratively  at  or  prior 
to  the  time  of  such  private  sale  of  any  series  of  such 
revenue  bonds  by  resolution  of  the  City  Council  of  Balti- 
more approved  by  the  Mayor  or  Acting  Mayor  of  Balti- 
more; delegating  various  matters  to  the  Commissioners 
of  Finance  of  the  City,  including  (without  limitation) 
the  sale  of  any  series  of  such  revenue  bonds,  the  estab- 
lishment of  the  interest  rate  or  rates  at  the  time  of  such 


ORDINANCES  911 

private  sale  and  the  appointment  of  a  trustee  to  act 
under  the  ordinance  as  a  trustee  for  all  moneys  received 
by  the  City  hereunder;  providing  that  such  City  Council 
may  determine  administratively  by  resolution  or  by  other 
appropriate  action  all  other  matters  pertaining  to  the 
issuance,  sale  and  delivery  of  any  series  of  such  revenue 
bonds,  including  (without  limitation)  the  provisions  of 
trust  between  the  City  and  the  trustee,  the  execution  of 
a  loan  agreement  and  guaranty  agreement,  the  creation 
of  a  loan  or  construction  fund  to  be  held  by  the  trustee 
and  provision  for  its  disbursement,  provision  for  the  in- 
vestment of  moneys  held  by  the  trustee,  provision  of 
remedies  for  bondholders  in  the  event  of  default,  and 
provision  for  the  enactment  of  supplemental  ordinances 
and  resolutions;  and  generally  providing  for  and  deter- 
mining various  matters  in  connection  with  the  authoriza- 
tion, issuance,  security,  sale  and  payment  of  such  revenue 
bonds. 

RECITALS 

Sections  266A  through  266-1,  inclusive,  of  Article  41  of  the 
Annotated  Code  of  Maryland  (1978  Replacement  Vol- 
ume), as  re-enacted,  with  amendments,  by  Chapter  352 
of  the  Laws  of  Maryland  of  1972  and  as  amended  by 
Chapter  396  of  the  Laws  of  Maryland  of  1973,  Chapter 
342  of  the  Laws  of  Maryland  of  1975,  Chapter  421  of  the 
Laws  of  Maryland  of  1976  and  Chapters  348  and  528  of 
the  Laws  of  Maryland  of  1977  (collectively,  the  "Enab- 
ling Legislation")  constitute  those  provisions  of  Mary- 
land law  authorizing  the  issuance  of  industrial  revenue 
bonds  by  all  the  counties  and  municipalities  of  the  State 
of  Maryland  (the  "State"). 

The  Enabling  Legislation  now  empowers  the  counties  and 
municipalities  of  the  State  (including  the  Mayor  and  City 
Council  of  Baltimore)  to  issue  revenue  bonds  and  to  loan 
the  proceeds  of  the  sale  of  such  revenue  bonds  to  a  port 
facility  tenant  or  purchaser  to  finance  the  acquisition  by 
such  port  facility  tenant  or  purchaser  of  port  facilities. 
The  Enabling  Legislation  declares  it  to  be  the  legislative 
purpose  to  relieve  conditions  of  unemployment  in  the 
State,  to  encourage  the  increase  of  industry  and  a  bal- 
anced economy  in  the  State,  to  assist  in  the  retention  of 
existing  industry  in  the  State,  to  promote  economic  de- 


912  ORDINANCES  Ord.  No.  842 

velopment,  and  in  this  manner  to  promote  the  health, 
welfare,  and  safety  of  the  residents  of  each  of  the  coun- 
ties and  municipalities  of  the  State. 

Mayor  and  City  Council  of  Baltimore  (the  "City")  has  de- 
termined to  issue  and  sell  not  exceeding  $5,000,000  ag- 
gregate principal  amount  of  its  revenue  bonds,  herein- 
after designated  "Port  Facilities  Revenue  Bonds  (Apex 
Oil  Company  Project")  (the  "Bonds")  and  to  loan  the 
proceeds  of  such  Bonds  to  Petroleum  Fuel  &  Terminal 
Company,  a  Missouri  corporation  and  a  port  facility 
tenant  or  purchaser  as  mentioned  in  the  Enabling  Legis- 
lation (the  "Subsidiary")  and  a  wholly  owned  subsidiary 
of  Apex  Oil  Company,  a  Missouri  corporation  (the  "Par- 
ent"), on  the  terms  and  conditions  to  be  set  forth  in  a 
loan  agreement  executed  pursuant  to  this  ordinance  (the 
"Loan  Agreement")  in  order  to  finance  the  acquisition 
of  certain  port  facilities  in  the  City  as  described  below 
(the  "Facilities"). 

The  Facilities  consist  of  two  new,  fire-protected,  petroleum 
products  storage  tanks  having  a  total  capacity  of  300,000- 
400,000  barrels,  to  be  installed  on  or  adjacent  to  the 
Subsidiary's  port  facilities  located  on  South  Clinton  Street 
in  the  City  of  Baltimore. 

The  Subsidiary  and  the  Parent  have  developed  estimates  of 
the  cost  of  acquisition  of  the  Facilities  based  on  existing 
technology  and  regulations  together  with  presently  avail- 
able studies,  cost  data  and  other  relevant  information. 
Experience  in  the  financing  and  acquisition  of  such  fa- 
cilities has  demonstrated  that  developing  technology, 
changing  requirements  of  Federal  and  State  regulatory 
agencies,  changing  economic  circumstances  and  substan- 
tial inflation  in  acquisition  costs,  among  other  matters, 
often  render  the  initial  estimate  of  the  cost  of  such  fa- 
cilities inadequate.  Accordingly,  the  City  has  determined 
to  authorize  the  issuance  of  the  Bonds  in  an  amount 
exceeding  the  presently  estimated  cost  of  the  acquisition 
of  the  Facilities,  with  the  intention  that  no  series  of 
Bonds  shall  be  issued  pursuant  to  this  ordinance  in  an 
amount  in  excess  of  the  cost  of  the  Facilities  being 
financed  by  such  Bonds  as  estimated  at  the  time  of  the 
issuance  of  such  Bonds.  (Such  cost  may  include,  without 


ORDINANCES  913 

limitation,  underwriting  discount,  interest  during  con- 
struction, if  any,  and  financing  costs  such  as  fees  of 
attorneys,  accountants  and  other  consultants.) 

This  ordinance  authorizes  a  transaction  which  the  Subsidi- 
ary and  the  Parent  proposed  to  the  City  by  a  letter  of 
intent  dated  May  31,  1978,  in  accordance  with  Section 
266B(d)  of  the  Enabling  Legislation. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That,  acting  pursuant  to  the  Enabling  Legis- 
lation, it  is  hereby  found  and  determined,  as  follows: 

(1)  The  issuance  of  revenue  bonds  by  the  City  pursuant 
to  the  Enabling  Legislation  in  order  to  loan  the  proceeds 
to  the  Subsidiary  for  the  sole  and  exclusive  purpose  of 
acquiring  port  facilities  within  the  meaning  of  the  Enabling 
Legislation  will  facilitate  and  expedite  the  acquisition  of 
such  port  facilities  by  the  Subsidiary; 

(2)  The  accomplishment  of  the  transactions  contem- 
plated and  authorized  by  this  ordinance,  including  (with- 
out limitation)  the  acquisition  of  the  Facilities  by  the  Sub- 
sidiary and  the  financing  thereof  will  (i)  sustain  and  in- 
crease jobs  and  employment,  thereby  relieving  conditions 
of  unemployment  in  the  State  and  in  the  City;  (ii)  encour- 
age the  increase  of  industry  and  a  balanced  economy  in 
the  State  and  in  the  City;  (iii)  assist  in  the  retention  of 
existing  industry  in  the  State  and  in  the  City;  (iv)  pro- 
mote economic  development;  and  (v)  promote  the  health, 
welfare  and  safety  of  the  residents  of  the  City  and  of  the 
State. 

(3)  In  addition  to  authorizing  the  City  itself  to  acquire 
and  either  to  lease  or  to  sell  such  facilities  to  a  port  fa- 
cility tenant  or  purchaser,  the  Enabling  Legislation,  as  an 
alternative  procedure,  authorizes  port  facilities  financing  to 
be  accomplished  in  the  form  of  a  loan  to  the  Subsidiary. 
The  loan  form  of  transaction  avoids  indirect  costs  and  bur- 
dens on  the  City  by  not  requiring  any  direct  involvement 
by  the  City  in  the  construction,  ownership  or  administra- 
tion of  such  facilities;  however,  it  permits  controls  to  be 
imposed  on  the  use  of  the  proceeds  of  the  Bonds  to  insure 
that  the  public  purposes  of  the  Enabling  Legislation  and 
the  Bonds  are  fully  accomplished.  It  is,  therefore,  in  the 


914  ORDINANCES  Ord.  No.  842 

best  interests  of  the  citizens  of  the  City  to  finance  the 
Facilities  by  a  loan  to  the  Subsidiary.  This  ordinance  con- 
templates and  authorizes  a  transaction  in  the  form  of  a 
loan  of  the  proceeds  of  the  Bonds  by  the  City  to  the  Sub- 
sidiary, rather  than  a  transaction  in  the  form  of  a  lease 
or  sale  of  the  Facilities.  Accordingly,  this  ordinance  and 
the  Loan  Agreement  hereby  authorized  contain  such  provi- 
sions as  the  City  deems  appropriate  to  effect  the  financing 
of  the  Facilities  by  the  loan  form  of  transaction. 

(4)  Neither  the  Bonds  nor  interest  coupons  issued  un- 
der the  authority  of  the  Enabling  Legislation  constitute  an 
indebtedness  of  the  City  or  a  charge  against  the  general 
credit  or  taxing  powers  of  the  City  within  the  meaning  of 
any  constitutional  provision  or  provisions  of  the  City 
Charter  or  statutory  limitation  and  shall  never  constitute 
or  give  rise  to  any  pecuniary  liability  of  the  City.  The  prin- 
cipal amount  of  the  loan  and  the  payments  to  be  made  by 
the  Subsidiary  pursuant  to  the  Loan  Agreement  will  be 
paid  directly  to,  and  will  be  disbursed  by,  the  independent 
trustee  appointed  by  the  Commissioners  of  Finance  of  the 
City  pursuant  hereto;  no  such  moneys  will  be  commingled 
with  the  City's  funds  or  be  subject  to  the  absolute  control 
of  the  City  but  only  to  such  limited  supervision  and  checks 
as  are  deemed  necessary  or  desirable  to  insure  that  the 
proceeds  of  the  Bonds  are  used  to  accomplish  the  public 
purposes  of  the  Enabling  Legislation  and  this  ordinance. 
The  Enabling  Legislation  provides  that  a  loan  form  of 
transaction  thereunder  shall  not  constitute  a  capital  project 
within  the  meaning  of  any  charter  or  statutory  provision. 
The  public  purposes  expressed  in  the  Enabling  Legislation 
are  intended  to  be  achieved  by  facilitating  the  acquisition 
of  port  facilities  by  the  Subsidiary. 

(5)  The  City  will  acquire  no  interest  in  the  Facilities 
either  on  behalf  of  the  City  or  for  the  purpose  of  creating 
any  security  for  the  Bonds,  which  security  shall  be  solely 
and  exclusively  the  absolute,  irrevocable,  unconditional  ob- 
ligation of  the  Subsidiary  and  the  Parent  to  make  the  pay- 
ments required  by  the  Loan  Agreement  and  the  Guaranty 
Agreement  (as  the  case  may  be).  Accordingly,  this  ordi- 
nance definitely  fixes  and  determines  that  the  amount  of 
revenue  necessary  to  be  set  apart  and  applied  to  the  pay- 
ment of  principal,  interest  and  premium  of  the  Bonds  shall 


ORDINANCES  915 

foe  the  entire  amount  of  the  receipts  and  revenues  of  the 
City  from  payments  under  the  Loan  Agreement  except  for 
any  rights  of  the  City  to  indemnification  and  to  payments 
for  the  City's  administrative  expenses. 

(6)  (a)  No  part  or  proportion  of  the  receipts  and 
revenues  of  the  City  from  the  loan  shall  be  set  aside  as  a 
depreciation  account  (mentioned  in  the  Enabling  Legisla- 
tion) since  neither  the  City  nor  the  holders  of  Bonds  de- 
sire, or  are  creating,  any  interest  in  the  Facilities  and  such 
a  depreciation  account  would  (i)  be  inconsistent  with  the 
transactions  authorized  hereby  and  (ii)  place  an  unreason- 
able burden  on  the  Subsidiary  so  as  to  adversely  affect  the 
feasibility  of  the  transactions  and  thus  frustrate  the  legis- 
lative purposes  of  the  Enabling  Legislation  and  (b)  a  cov- 
enant such  as  that  permitted  by  Section  266G(c)  of  the 
Enabling  Legislation  is  similarly  inconsistent  with  the  form 
of  transaction  authorized  hereby  in  which  neither  the  City 
nor  the  Bondholders  obtain  or  retain  an  interest  in  the 
Facilities.  Such  a  covenant  is,  therefore,  a  procedure  which 
is  not  contemplated  by  the  Enabling  Legislation  in  connec- 
tion with  this  transaction. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
is  intended  to  be,  and  shall  constitute,  a  binding  and  en- 
forceable commitment  by  the  City  to  the  Subsidiary  and 
the  Parent  to  issue  and  deliver  the  Bonds  authorized  hereby 
in  accordance  with  the  terms  hereof.  It  is  contemplated 
that  the  Subsidiary  and  the  Parent  may  proceed  with  the 
acquisition  of  the  Facilities  prior  to  the  issuance  and  de- 
livery of  the  Bonds  authorized  hereby  in  reliance  upon  the 
enactment  of  this  ordinance  by  the  City. 

Sec.  3.  And  be  it  further  ordained,  That  the  issuance, 
sale  and  delivery  of  not  exceeding  $5,000,000  aggregate 
principal  amount  of  revenue  bonds,  hereby  designated 
"Port  Facilities  Revenue  Bonds  (Apex  Oil  Company  Proj- 
ect)", are  hereby  authorized,  subject  to  the  provisions  of 
this  ordinance,  such  Bonds  to  be  solely  and  exclusively  pay- 
able from,  and  secured  by,  the  revenue  derived  from  pay- 
ments on  the  loan  to  the  Subsidiary  as  provided  herein. 
The  aggregate  principal  amount  of  Bonds  issued,  sold  and 
delivered    pursuant    to    this    ordinance    shall    not    exceed 


916  ORDINANCES  Ord.  No.  842 

$5,000,000   unless   such   amount  shall  be  increased  by  an 
ordinance  supplemental  hereto. 

The  City  Council  hereby  recognizes  the  function  of  the 
Mayor  and  the  Commissioners  of  Finance  in  making  the 
executive  and  administrative  determinations  necessary  for 
the  issuance  of  bonds  of  the  City.  However,  the  Enabling 
Legislation  constitutes  a  public  general  law  of  the  State  of 
Maryland  to  which  the  provisions  of  the  Baltimore  City 
Charter  are  subject.  The  Enabling  Legislation,  moreover, 
provides  that  the  legislative  body  of  the  City  shall  make 
various  determinations  in  connection  with  the  authoriza- 
tion, issuance  and  sale  of  the  Bonds.  This  ordinance,  there- 
fore, provides  that  the  City  Council  shall  make  certain 
administrative  determinations  in  connection  with  the  issu- 
ance and  sale  of  the  Bonds,  such  determinations  to  be 
effective  only  after  approval  by  the  Mayor  or  Acting 
Mayor.  Thus,  the  purpose  and  intent  of  both  the  Baltimore 
City  Charter  and  the  Enabling  Legislation  will  be  accom- 
plished by  requiring  action  of  both  the  City  Council  and 
the  Mayor  or  Acting  Mayor  to  accomplish  the  final  issuance 
and  sale  of  the  Bonds. 

The  Bonds  authorized  by  this  ordinance  may  be  issued 
in  one  or  more  series,  and  each  such  series  shall  be  identi- 
fied by  a  letter  designation,  so  that  the  first  series  (if  the 
issuance  of  more  than  one  series  of  Bonds  hereunder  is 
then  contemplated)  shall  be  designated  'Tort  Facilities 
Revenue  Bonds  (Apex  Oil  Company  Project),  Series  A". 
The  Bonds  may  be  further  identified  by  the  year  of  issue  or 
such  other  appropriate  designation  as  the  City  Council  may 
determine  by  resolution  adopted  prior  to  the  delivery  of  the 
Bonds.  The  aggregate  principal  amount  of  Bonds  to  be  is- 
sued pursuant  to  this  ordinance  at  any  one  time  shall  be  de- 
termined by  the  City  Council  by  resolution  adopted  prior 
to  the  delivery  of  the  Bonds. 

In  the  event  more  than  one  series  of  Bonds  is  issued 
hereunder,  it  is  contemplated  that  a  separate  series  (which 
may  be  evidenced  by  a  single  instrument)  of  notes  or  other 
obligations  of  the  Subsidiary  (evidencing  the  obligation  of 
the  Subsidiary  to  repay  the  loan  from  the  City)  be  issued 
to  correspond  with,  and  secure,  each  separate  series  of 
Bonds  issued  hereunder. 


ORDINANCES  917 

The  Bonds  of  a  series  of  Bonds  shall  be  dated  as  of  the 
first  day  of  the  month  next  following  the  date  on  which 
such  series  of  Bonds  is  sold  unless  the  City  Council  shall 
specify  a  different  date  in  its  resolution  hereinafter  de- 
scribed. Such  Bonds  shall  bear  interest  at  an  annual  rate 
or  rates  payable  semi-annually  following  the  date  of  such 
series  of  Bonds  so  that,  if  the  Bonds  of  a  series  are  dated 
July  1,  1978,  interest  on  that  series  of  Bonds  will  be  payable 
on  January  1,  1979,  July  1,  1979,  and  semi-annually 
thereafter. 

The  Bonds  of  each  series  of  Bonds  issued  hereunder  shall 
mature  on  such  date  or  dates  as  may  be  provided  in  the 
resolution  of  the  City  Council  hereinafter  described,  but 
the  last  maturity  of  any  such  series  of  Bonds  shall  in  no 
event  exceed  a  period  of  twenty-five  (25)  years  from  the 
date  of  such  series  of  Bonds  (or  such  later  date  as  may  be 
permitted  under  the  terms  of  the  Enabling  Legislation  in 
effect  on  the  date  of  such  series  of  Bonds).  If  the  said 
resolution  of  the  City  Council  hereinafter  described  does 
not  provide  any  maturity  or  maturities  for  a  series  of 
Bonds,  all  of  the  Bonds  of  such  series  shall  mature  on  the 
date  twenty-five  (25)  years  from  the  date  of  such  series  of 
Bonds  (or  such  later  date  as  may  be  permitted  under  the 
terms  of  the  Enabling  Legislation  in  effect  on  the  date  of 
such  series  of  Bonds) . 

Sec.  4.  And  be  it  further  ordained,  That,  prior  to  the 
delivery  of  any  series  of  Bonds,  the  City  Council  shall 
adopt  a  resolution  or  resolutions  which  shall  prescribe  (i) 
the  principal  amount  of  Bonds  to  be  issued  as  a  series  at 
any  one  time,  (ii)  redemption  provisions  for  such  series  of 
Bonds,  and  (iii)  the  sinking  fund  requirements,  if  any,  for 
such  series  of  Bonds. 

Prior  to  the  delivery  of  any  series  of  Bonds,  the  City 
Council  may  also  adopt  a  resolution  or  resolutions  which 
may  prescribe  (i)  the  date  of  issue  of  such  series  of  Bonds, 
(ii)  the  maturity  or  maturities  of  such  series  of  Bonds, 
(iii)  any  additional  terms  necessary  or  appropriate  to  re- 
flect any  matters  provided  by  resolution  and  (iv)  such  other 
matters  as  may  be  deemed  appropriate  by  the  City  Council. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
section  of  this  ordinance  shall  be  deemed  to  be  of  an  ad- 


918  ORDINANCES  Ord.  No.  842 

ministrative  nature  and  shall  be  effective  upon  approval 
by  the  Mayor  or  Acting  Mayor  of  the  City. 

Sec.  5.  And  be  it  further  ordained,  That  it  is  hereby 
found  and  determined  that  the  best  interests  of  the  City 
will  be  served  by  selling  the  Bonds  at  private  sale  as  au- 
thorized by  the  Enabling  Legislation,  upon  the  terms  and 
conditions  determined  by  the  Commissioners  of  Finance  as 
hereinafter  authorized. 

Authority  is  hereby  conferred  on  the  Commissioners  of 
Finance  of  the  City  to  take  the  following  actions  and  to 
make  the  following  commitments  on  behalf  of  the  City: 

(a)  to  determine  the  date,  time  and  place  when  an  un- 
derwriting agreement  shall  be  submitted  by  the  under- 
writers for  the  Bonds,  such  underwriting  agreement  to 
specify  the  interest  rate  or  rates  proposed  to  be  paid  on 
the  Bonds,  the  price  at  which  such  Bonds  are  to  be  sold  to 
such  underwriters,  and  such  other  matters  as  the  under- 
writers and  such  Commissioners  of  Finance  may  deem 
necessary  or  desirable  in  order  to  effect  the  sale  and  de- 
livery of  the  Bonds; 

(b)  to  determine  the  interest  rate  or  rates  to  be  paid 
by  the  City  on  the  Bonds  in  accordance  with  the  proposed 
underwriting  agreement  submitted  by  the  underwriters  for 
the  Bonds,  but  only  after  the  Subsidiary  shall  have  given 
the  City  written  approval  of  such  rate  or  rates; 

(c)  to  appoint  a  bank  having  trust  powers,  or  a  trust 
company,  as  trustee  for  the  Bonds  to  be  issued  pursuant 
to  this  ordinance ;  and 

(d)  in  order  to  insure  that  such  Bonds  are  issued  with- 
out direct  cost  to  the  City,  to  provide  for  the  payment, 
directly  by  the  Subsidiary,  of  all  costs,  fees,  and  expenses 
incurred  by  or  on  behalf  of  the  City  in  connection  with  the 
issuance  of  the  Bonds,  such  payments  to  include  (without 
limitation)  compensation  to  any  persons  performing  serv- 
ices by  or  on  behalf  of  the  City  in  connection  with  the 
transactions  contemplated  by  this  ordinance. 

Authority  is  hereby  conferred  on  the  Mayor  or  Acting 
Mayor  of  the  City  to  take  the  following  actions  and  to  make 
the  following  commitments  on  behalf  of  the  City: 


ORDINANCES  919 

(a)  to  execute  and  deliver  a  loan  agreement  by  and 
between  the  City  and  the  Subsidiary  and  a  guaranty  agree- 
ment by  and  between  the  City  and  the  Parent  in  the  forms 
determined  by  resolution  of  the  City  Council  approved  by 
the  Mayor  or  Acting  Mayor  as  authorized  by  Section  7  of 
this  ordinance;  and 

(b)  to  execute  and  deliver,  as  a  binding  and  enforceable 
obligation  of  the  City,  the  underwriting  agreement  for  the 
Bonds  by  and  between  the  City  and  the  underwriters  for 
the  Bonds  and  to  proceed  to  accomplish  any  and  all  actions 
necessary  or  deemed  appropriate  by  either  of  them  to  issue 
and  deliver  the  Bonds  to  such  underwriters  in  accordance 
with  the  provisions  of  this  ordinance  and  the  underwriting 
agreement. 

Sec.  6.  And  be  it  further  ordained,  That,  in  authorizing 
the  sale  of  revenue  bonds  to  finance  port  facilities  for  the 
Subsidiary  pursuant  to  the  Enabling  Legislation,  the  Mayor 
and  City  Council  are  hereby  empowered  to  provide  that  the 
revenue  bonds  authorized  by  this  ordinance  and  any  revenue 
bonds  authorized  for  such  purpose  by  other  ordinances,  may 
be  consolidated  and  sold  as  one  or  more  issues  or  series  of 
revenue  bonds,  without  regard  to  the  date  of  enactment  of 
any  ordinance  authorizing  the  issuance  of  such  revenue 
bonds.  The  aggregate  principal  amount  of  revenue  bonds 
authorized  by  this  ordinance  may  be  increased,  from  time 
to  time,  and  the  description  of  the  Facilities  may  be  supple- 
mented or  modified  by  ordinances  supplemental  to  this  ordi- 
nance. Nothing  contained  in  this  ordinance  is  intended  to 
require  the  adoption  of  an  ordinance  supplemental  to  this 
ordinance  to  authorize  the  deletion  of  any  one  or  more  items 
of  the  port  facilities  constituting  the  Facilities.  The  Mayor 
and  City  Council  are  hereby  expressly  authorized,  in  their 
discretion  and  based  upon  their  determinations  from  time 
to  time,  to  omit  any  part  of  the  Facilities  from  the  port 
facilities  to  be  financed  by  revenue  bonds  issued  pursuant 
to  this  ordinance.  It  is  the  purpose  and  intent  of  this  section 
that  the  Mayor  and  City  Council  be  afforded  broad  discre- 
tion in  the  structuring  and  scheduling  of  revenue  bond  is- 
sues, whether  authorized  by  this  ordinance  or  otherwise,  to 
finance  port  facilities  for  the  Subsidiary  in  order  that  the 


920  ORDINANCES  Ord.  No.  842 

public  purpose  of  the  Enabling  Legislation  and  this  ordi- 
nance may  be  realized. 

Sec.  7.  And  be  it  further  ordained,  That,  prior  to  the  sale 
of  any  series  of  Bonds,  the  City  Council  may  (without 
limitation)  determine  administratively  by  resolution  or  by 
other  appropriate  action : 

(1)  the  provisions  of  trust  between  the  City  and  the 
trustee ; 

(2)  the  manner  of  execution,  authentication,  registra- 
tion and  transfer  of  the  Bonds ; 

(3)  provisions  for  authentication  and  delivery  of  the 
Bonds; 

(4)  the  provisions  of  the  Loan  Agreement  between  the 
City  and  the  Subsidiary; 

(5)  the  terms  of  the  note  or  other  evidence  of  the  obli- 
gation of  the  Subsidiary  issued  for  each  series  of  Bonds ; 

(6)  the  provisions  of  the  Guaranty  Agreement  between 
the  City  and  the  Parent ; 

(7)  provision  for  creation,  holding  and  disbursement  of 
an  escrow  fund  to  be  held  by  the  trustee ; 

(8)  provisions  for  creation,  holding  and  disbursement 
of  any  other  funds  and  accounts  to  be  held  by  the  trustee; 

(9)  provisions  for  the  application  of  receipts  and  reve- 
nues from  the  City  on  account  of  the  loan ; 

(10)  provisions  for  the  security  for  and  investment  of 
moneys  held  by  the  trustee ; 

(11)  the  details  of  the  procedure  for  the  redemption  of 
the  Bonds; 

(12)  remedies  for  holders  of  the  Bonds  in  the  event  of 
default ; 

(13)  the  duties,  rights  and  immunities  of  the  trustee; 

(14)  the  manner  of  execution  of  instruments  by  holders 
of  the  Bonds  and  the  method  of  proof  of  ownership  of  the 
Bonds; 


ORDINANCES  921 

(15)  provisions  for  modification  of  this  ordinance,  the 
Loan  Agreement,  the  Guaranty  Agreement,  and  any  resolu- 
tion or  other  action  of  the  Mayor,  City  Council  and  Com- 
missioners of  Finance  pertaining  to  the  Bonds ; 

(16)  provisions  for  defeasance; 

(17)  the  forms  of  the  Bonds,  coupons  and  the  trustee's 
authentication  certificate;  and 

(18)  such  other  matters  in  connection  with  the  authori- 
zation, issuance,  security,  sale  and  payment  of  the  Bonds  as 
may  be  deemed  appropriate  by  the  City  Council. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
ordinance  shall  be  deemed  to  be  of  an  administrative  nature 
and  shall  be  effective  upon  approval  by  the  Mayor  or  Acting 
Mayor  of  the  City. 

Sec.  8.  And  be  it  further  ordained,  That  the  provisions  of 
this  ordinance  are  severable,  and  if  any  provision,  sentence, 
clause,  section  or  part  thereof  is  held  illegal,  invalid  or  un- 
constitutional or  inapplicable  to  any  person  or  circum- 
stances, such  illegality,  invalidity  or  unconstitutionality,  or 
inapplicability  shall  not  affect  or  impair  any  of  the  re- 
maining provisions,  sentences,  clauses,  sections  or  parts  of 
the  ordinance  or  their  application  to  other  persons  or 
circumstances.  It  is  hereby  declared  to  be  the  legislative 
intent  that  this  ordinance  would  have  been  adopted  if  such 
illegal,  invalid  or  unconstitutional  provision,  sentence, 
clause,  section  or  part  had  not  been  included  therein,  as  if 
the  person  or  circumstances  to  which  the  ordinance  or  any 
part  thereof  is  inapplicable  had  been  specifically  exempted 
therefrom. 

Sec.  9.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


922  ORDINANCES  Ord.  No.  843 

No.   843 

(Council  No.  637) 

An  Ordinance  to  amend  Sheet  No.  21  of  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition)  title  "Zoning  Code  of  Baltimore  City",  as 
ordained  by  Ordinance  Number  1051,  approved  April  20, 
1971,  (as  amended)  by  changing  from  the  B-2-1  District 
to  the  B-3-1  District  the  property  on  the  northeast  side  of 
Liberty  Heights  Avenue  located  at  the  corner  formed 
by  the  intersection  of  the  northeast  side  of  Liberty 
Heights  Avenue  and  the  northwest  side  of  Plateau  Ave- 
nue as  outlined  in  red  on  plats  accompanying  this  ordi- 
nance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Zoning  Sheet  Number  21  be  and  it  is 
hereby  amended  by  changing  from  the  B-2-1  District  to 
the  B-3-1  District  the  property  on  the  northeast  side  of 
Liberty  Heights  Avenue  beginning  at  the  corner  formed  by 
the  intersection  of  the  northeast  side  of  Liberty  Heights 
Avenue  and  the  northwest  side  of  Plateau  Avenue  as  out- 
lined in  red  on  the  plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof,  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development,  the  Commis- 
sioner of  Transit  and  Traffic  and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  923 

No.  844 
(Council  No.  1533) 

An  Ordinance  to  amend  Sheets  27,  28,  37,  and  38  of  the 
Zoning  District  Maps  of  Article  30  of  the  Baltimore  City 
Code  (1976  Edition),  title  "Zoning,"  (Ordinance  No. 
1051,  approved  April  20,  1971)  by  changing  from  the 
R-4  Zoning  District  to  the  R-l  Zoning  District  the  prop- 
erty bounded  on  the  southwest  by  Erdman  Avenue,  on 
the  southeast  by  Crossland  Avenue,  on  the  northeast  by 
an  irregular  line  running  from  Crossland  Avenue  north- 
westerly approximately  0-300  feet  southwest  of  Kentucky 
Avenue,  on  the  northwest  by  an  irregular  line  running 
from  Erdman  Avenue  northeasterly  approximately  160- 
190  feet  southeast  of  Harford  Road,  as  outlined  in  pink 
on  the  plats  accompanying  this  ordinance;  by  changing 
from  the  R-4  Zoning  District  to  the  R-3  Zoning  District, 
the  property  bounded  on  the  southwest  by  Erdman  Ave- 
nue, on  the  southeast  by  an  irregular  line  running  from 
Erdman  Avenue  northeasterly  approximately  130-220 
feet  southeast  of  Richmond  Avenue,  on  the  northeast  by 
an  irregular  line  running  from  Crossland  Avenue  south- 
easterly approximately  550-680  feet  southwest  of  Chester- 
field Avenue,  on  the  northwest  by  Crossland  Avenue,  as 
outlined  in  dark  pink  on  the  plats  accompanying  this 
ordinance;  by  changing  from  the  R-4  Zoning  District  to 
the  R-3  Zoning  District  the  property  bounded  on  the 
southwest  by  Lake  Avenue,  on  the  southeast  by  an  ir- 
regular line  running  northeasterly  from  Lake  Avenue 
0-480  feet  northwest  of  Norman  Avenue,  on  the  north- 
east by  an  irregular  line  running  from  Norman  Avenue 
northwesterly  approximately  0-440  feet  northeast  of 
Kentucky  Avenue,  on  the  northwest  by  an  irregular  line 
running  from  Lake  Avenue  northeasterly  approximately 
170-280  feet  southeast  of  Harford  Road,  as  outlined  in 
dark  pink  on  the  plats  accompanying  this  ordinance; 
by  changing  from  the  R-5  Zoning  District  to  the  R-l 
Zoning  District  the  property  bounded  on  the  southwest 
by  an  irregular  line  running  southeasterly  approximately 
180-380  feet  southwest  of  Erdman  Avenue,  on  the  south- 
east by  an  irregular  line  running  northeasterly  approxi- 
mately 0-380  feet  northwest  of  Harford  Road,  on  the 


924  ORDINANCES  Ord.  No.  844 

northeast  by  an  irregular  line  running  southeasterly  ap- 
proximately 0-510  feet  southwest  of  Dobler  Avenue,  on 
the  northwest  by  an  irregular  line  running  northeasterly 
from  250-550  feet  northwest  of  Harford  Road,  as  outlined 
in  yellow  ochre  on  the  plats  accompanying  this  ordinance; 
by  changing  from  the  R-5  Zoning  District  to  the  R-3 
Zoning  District  the  property  bounded  on  the  southwest 
by  a  line  running  southeasterly  150  feet  southwest  of 
Kentucky  Avenue,  on  the  southeast  by  an  irregular  line 
running  northeasterly  from  100-130  feet  northwest  of 
Harford  Road,  on  the  northeast  by  a  line  running  north- 
westerly 140  feet  northeast  of  Pelham  Avenue,  on  the 
northwest  by  an  irregular  line  running  northeasterly 
from  270-380  feet  northwest  of  Harford  Road,  as  out- 
lined in  burnt  sienna  on  the  plats  accompanying  this 
ordinance;  by  changing  from  the  R-5  Zoning  District  to 
the  R-3  Zoning  District  the  property  known  as  2401-23 
Chesterfield  Avenue,  the  property  known  as  2501  Chester- 
field Avenue,  the  property  known  as  2603  Kentucky 
Avenue,  and  the  property  bounded  on  the  southwest  by 
an  irregular  line  running  0-150  feet  northeast  of  Ken- 
tucky Avenue,  on  the  southeast  by  an  irregular  line 
running  northeasterly  from  Kentucky  Avenue  approxi- 
mately 0-350  feet  southeast  of  Norman  Avenue,  on  the 
northeast  by  an  irregular  line  running  0-150  feet  north- 
east of  Pelham  Avenue,  on  the  northwest  by  an  irregular 
line  running  approximately  100-200  feet  northwest  of 
Norman  Avenue,  as  outlined  in  burnt  sienna  on  the 
plats  accompanying  this  ordinance;  by  changing  from 
the  R-7  Zoning  District  to  the  R-l  Zoning  District  the 
property  bounded  on  the  southwest  by  Erdman  Avenue 
and  the  southwestern  lot  line  of  the  property  known  as 
3218  Harford  Road,  on  the  southeast  by  an  irregular  line 
running  from  Erdman  Avenue  northeasterly  approxi- 
mately 160-190  feet  southeast  of  Harford  Road,  on  the 
northeast  by  an  irregular  line  running  southeasterly 
from  0-210  feet  northeast  of  Dobler  Avenue,  on  the 
northwest  by  a  line  running  from  Dobler  Avenue  south- 
westerly approximately  190  feet  from  northwest  of  Har- 
ford Road,  as  outlined  in  gray  on  the  plats  accompanying 
this  ordinance;  by  changing  from  the  R-7  Zoning  Dis- 
trict to  the  R-3  Zoning  District  the  property  on  the  south- 
west by  an  irregular  line  running  southeasterly  appro- 


ORDINANCES  925 

ximately  0-140  feet  southwest  of  Kentucky  Avenue,  on 
the  southeast  by  an  irregular  line  running  from  170-270 
feet  southeast  of  Harford  Road,  on  the  northeast  by 
Chesterfield  Avenue  and  the  northeastern  lot  line  of  the 
property  known  as  2116  Pelham  Avenue,  on  the  north- 
west by  an  irregular  line  running  from  0-130  feet  north- 
west of  Harford  Road,  as  outlined  in  light  beige  on  the 
plats  accompanying  this  ordinance;  by  changing  from 
the  R-7  Zoning  District  to  the  R-6  Zoning  District  the 
property  bounded  on  the  southwest  by  an  irregular  line 
running  southeasterly  approximately  0-200  feet  north- 
east of  Dobler  Avenue,  on  the  southeast  by  an  irregular 
line  running  from  Dobler  Avenue  northeasterly  approxi- 
mately 0-170  feet  southeast  of  Harford  Road,  on  the 
northeast  by  an  irregular  line  running  northwesterly 
approximately  0-170  feet  northeast  of  Lake  Avenue,  on 
the  northwest  by  an  irregular  line  running  from  Dobler 
Avenue  northeasterly  approximately  0-200  feet  north- 
west of  Harford  Road,  and  the  properties  known  as 
3600-3610  Harford  Road  and  2101-2119  Lake  Montebello 
Terrace,  as  outlined  in  light  brown  on  the  plats  accom- 
panying this  ordinance;  by  changing  from  the  B-3-1 
Zoning  District  to  the  B-l-1  Zoning  District  the  property 
known  as  3514-16  Harford  Road,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  27,  28,  37  and  38  of  the  Zoning 
District  Maps  of  Article  30  of  the  Baltimore  City  Code 
(1976  Edition),  title  "Zoning,"  (Ordinance  No.  1051,  ap- 
proved April  20,  1971)  be  and  they  are  hereby  amended  by 
changing  from  the  R-4  Zoning  District  to  the  R-l  Zoning 
District  the  property  bounded  on  the  southwest  by  Erdman 
Avenue,  on  the  southeast  by  Crossland  Avenue,  on  the 
northeast  by  an  irregular  line  running  from  Crossland 
Avenue  northwesterly  approximately  0-300  feet  southwest 
of  Kentucky  Avenue,  on  the  northwest  by  an  irregular 
line  running  from  Erdman  Avenue  northeasterly  approxi- 
mately 160-190  feet  southeast  of  Harford  Road,  as  outlined 
in  pink  on  the  plats  accompanying  this  ordinance;  by 
changing  from  the  R-4  Zoning  District  to  the  R-3  Zoning 
District,  the  property  bounded  on  the  southwest  by  Erdman 
Avenue,  on  the  southeast  by  an  irregular  line  running  from 


926  ORDINANCES  Ord.  No.  844 

Erdman  Avenue  northeasterly  approximately  130-220  feet 
southeast  of  Richmond  Avenue,  on  the  northeast  by  an 
irregular  line  running  from  Crossland  Avenue  southeast- 
erly approximately  550-680  feet  southwest  of  Chesterfield 
Avenue,  on  the  northwest  by  Crossland  Avenue,  as  out- 
lined in  dark  pink  on  the  plats  accompanying  this  ordi- 
nance; by  changing  from  the  R-4  Zoning  District  to  the 
R-3  Zoning  District  the  property  bounded  on  the  southwest 
by  Lake  Avenue,  on  the  Southeast  by  an  irregular  line 
running  northeasterly  from  Lake  Avenue  0-480  feet  north- 
west of  Norman  Avenue,  on  the  northeast  by  an  irregular 
line  running  from  Norman  Avenue  northwesterly  approxi- 
mately 0-440  feet  northeast  of  Kentucky  Avenue,  on  the 
northwest  by  an  irregular  line  running  from  Lake  Avenue 
northeasterly  approximately  170-280  feet  southeast  of 
Harford  Road,  as  outlined  in  dark  pink  on  the  plats  accom- 
panying this  ordinance; 

by  changing  from  the  R-5  Zoning  District  to  the  R-l  Zon- 
ing District  the  property  bounded  on  the  southwest  by  an 
irregular  line  running  southeasterly  approximately  180-380 
feet  southwest  of  Erdman  Avenue,  on  the  southeast  by  an 
irregular  line  running  northeasterly  approximately  0-380 
feet  northwest  of  Harford  Road,  on  the  northeast  by  an 
irregular  line  running  southeasterly  approximately  0-510 
feet  southwest  of  Dobler  Avenue,  on  the  northwest  by  an 
irregular  line  running  northeasterly  from  250-550  feet 
northwest  of  Harford  Road,  as  outlined  in  yellow  ochre  on 
the  plats  accompanying  this  ordinance; 
by  changing  from  the  R-5  Zoning  District  to  the  R-3  Zoning 
District  the  property  bounded  on  the  southwest  by  a  line 
running  southeasterly  150  feet  southwest  of  Kentucky 
Avenue,  on  the  southeast  by  an  irregular  line  running 
northeasterly  from  100-130  feet  northwest  of  Harford  Road, 
on  the  northeast  by  a  line  running  northwesterly  140  feet 
northeast  of  Pelham  Avenue,  on  the  northwest  by  an  ir- 
regular line  running  northeasterly  from  270-380  feet  north- 
west of  Harford  Road,  as  outlined  in  Burnt  Sienna  on  the 
plats  accompanying  this  ordinance; 

by  changing  from  the  R-5  Zoning  District  to  the  R-3 
Zoning  District  the  property  known  as  2401-23  Chester- 
field Avenue,  the  property  known  as  2501  Chesterfield 
Avenue,  the  property  known  as  2603  Kentucky  Avenue, 
and  the  property  bounded  on  the  southwest  by  an  irregular 


ORDINANCES  927 

line  running  0-150  feet  northeast  of  Kentucky  Avenue, 
on  the  southeast  by  an  irregular  line  running  northeasterly 
from  Kentucky  Avenue  approximately  0-350  feet  southeast 
of  Norman  Avenue,  on  the  northeast  by  an  irregular  line 
running  0-150  feet  northeast  of  Pelham  Avenue,  on  the 
northwest  by  an  irregular  line  running  approximately 
100-200  feet  northwest  of  Norman  Avenue,  as  outlined  in 
Burnt  Sienna  on  the  plats  accompanying  this  ordinance; 
by  changing  from  the  R-7  Zoning  District  to  the  R-l  Zon- 
ing District  the  property  bounded  on  the  southwest  by 
Erdman  Avenue  and  the  southwestern  lot  line  of  the  prop- 
erty known  as  3218  Harford  Road,  on  the  southeast  by 
an  irregular  line  running  from  Erdman  Avenue  north- 
easterly approximately  160-190  feet  southeast  of  Harford 
Road,  on  the  northeast  by  an  irregular  line  running  south- 
easterly from  0-210  feet  northeast  of  Dobler  Avenue,  on 
the  northwest  by  a  line  running  from  Dobler  Avenue  south- 
westerly approximately  190  feet  from  northwest  of  Harford 
Road,  as  outlined  in  Gray  on  the  plats  accompanying  this 
ordinance;  by  changing  from  the  R-7  Zoning  District  to 
the  R-3  Zoning  District  the  property  on  the  southwest  by 
an  irregular  line  running  southeasterly  approximately 
0-140  feet  southwest  of  Kentucky  Avenue,  on  the  southeast 
by  an  irregular  line  running  from  170-270  feet  southeast 
of  Harford  Road,  on  the  northeast  by  Chesterfield  Avenue 
and  the  northeastern  lot  line  of  the  property  known  as 
2116  Pelham  Avenue,  on  the  northwest  by  an  irregular 
line  running  from  0-130  feet  northwest  of  Harford  Road, 
as  outlined  in  Light  Beige  on  the  plats  accompanying  this 
ordinance;  by  changing  from  the  R-7  Zoning  District  to 
the  R-6  Zoning  District  the  property  bounded  on  the 
southwest  by  an  irregular  line  running  southeasterly  ap- 
proximately 0-200  feet  northeast  of  Dobler  Avenue,  on  the 
southeast  by  an  irregular  line  running  from  Dobler  Ave- 
nue northeasterly  approximately  0-170  feet  southeast  of 
Harford  Road,  on  the  northeast  by  an  irregular  line  run- 
ning northwesterly  approximately  0-170  feet  northeast  of 
Lake  Avenue,  on  the  northwest  by  an  irregular  line  running 
from  Dobler  Avenue  northeasterly  approximately  0-200 
feet  northwest  of  Harford  Road,  and  the  properties  known 
as  3600-3610  Harford  Road  and  2101-2119  Lake  Montebello 
Terrace,  as  outlined  in  light  brown  on  the  plats  accom- 
panying this  ordinance; 


928  ORDINANCES  Ord.  No.  845 

by  changing  from  the  B-3-1  Zoning  District  to  the  B-l-1 
Zoning  District  the  property  known  as  3514-16  Harford 
Road,  as  outlined  in  red  on  the  plats  accompanying  this 
ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development  and  the 
Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  845 
(Council  No.  1541) 

An  Ordinance  to  add  a  new  Subsection  (r)  to  Section  5, 
Article  22  of  the  Baltimore  City  Code  (1966  Edition), 
as  amended,  title  ''Retirement  Systems",  subtitle  "Em- 
ployees' Retirement  System",  and  to  add  a  new  Sub- 
section (q)  to  Section  33  of  Article  22  of  the  Baltimore 
City  Code  (1966  Edition),  as  amended,  title  "Retirement 
Systems",  subtitle  "Fire  and  Police  Employees'  Retire- 
ment System" ;  providing  for  indemnification  of  persons 
serving  in  a  fiduciary  capacity  in  AND  FOR  the  respec- 
tive retirement  systems  of  Baltimore  City,  subject  to 
certain  conditions  and  exceptions. 


ORDINANCES  929 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  a  new  subsection  (r)  be  and  it  is  hereby 
added,  to  Section  5  of  Article  22  of  the  Baltimore  City 
Code  (1966  Edition),  as  amended,  title  "Retirement  Sys- 
tems", subtitle  "Employees'  Retirement  System",  to  follow 
immediately  after  subsection  (q)  of  Section  5  of  said 
Article,  and  to  read  as  follows: 


(r)  Indemnification  of  persons  serving  in  fiduciary  ca- 
pacity. (1)  Authorized. — The  City  shall  indemnify  every 
person  who  is  made,  or  is  threatened  to  be  made,  a  party 
to  any  action,  suit,  or  proceeding ,  including  administrative 
and  investigative  proceedings  by  reasons  of  his  service  in  a 
fiduciary  capacity  to  the  Employees'  Retirement  System 
of  Baltimore  City,  in  accordance  with  and  subject  to  the 
conditions  stated  in  this  section. 

(2)  i( Service  in  fiduciary  capacity"  defined. — The  term 
"service  in  a  fiduciary  capacity",  as  used  in  this  section, 
means  the  exercise  of  any  authority  or  control  or  any  policy 
making  function,  including  acts  of  commission  or  omission, 
concerning  the  management  or  administration  of  the  Em- 
ployees' Retirement  System  of  Baltimore  City,  or  the  exer- 
cise of  any  authority  or  control  or  any  policy  making 
function,  including  acts  of  commission  or  omission,  con- 
cerning the  management  or  disposition  of  the  assets  of  the 
system.  It  includes  membership  on  the  Board  of  Trustees 
of  the  Employees'  Retirement  System  of  Baltimore  City, 
membership  on  the  advisory  investment  committee,  and 
service  as  Administrator  or  Deputy  Administrator  of  the 
Employees'  Retirement  System,  or  as  a  staff  member  en- 
gaged in  policy  making  functions  in  the  performance  of 
his  duties  and,  responsibilities;  AND  IT  INCLUDES  THE 
CUSTODIAN  OF  THE  ASSETS  OF  THE  EMPLOYEES' 
RETIREMENT  SYSTEM  OF  BALTIMORE  CITY  AS 
NAMED  IN  THE  BALTIMORE  CITY  CHARTER. 

(3)  Included  expenses. — //,  with  respect  to  a  civil,  ad- 
ministrative, or  investigative  action,  suit,  or  proceeding, 
the  person  acted  in  good  faith  and  in  a  manner  he  reason- 
ably believed  to  be  in  or  not  opposed  to  the  best  interest 
of  the  Employees'  Retirement  System  of  Baltimore  City, 


930  ORDINANCES  Ord.  No.  845 

and,  ivith  respect  to  a  criminal  action,  had  no  reasonable 
cause  to  believe  his  conduct  was  unlawful,  then  indemnifi- 
cation shall  be  against  those  expenses,  including  reasonable 
attorney's  fees,  judgments,  fines,  and  accounts  paid  in 
settlement  which  were  actually  and  reasonably  incurred  by 
him  in  connection  with  the  proceeding . 

(k)  Effect  of  termination  of  any  suit  or  proceeding. — 
The  termination  of  any  suit  or  proceeding,  in  any  manner, 
does  not,  of  itself,  create  a  presumption  that  the  person 
did  not  act  in  good  faith  and  in  a  manner  he  reasonably 
believed  to  be  in  or  not  opposed  to  the  best  interest  of  the 
Employees'  Retirement  System,  and  with  respect  to  a 
criminal  action  or  proceeding,  had  reasonable  cause  to  be- 
lieve that  his  conduct  was  unlawful. 

(5)  Exceptions  to  indemnification.  —  Indemnification 
may  not  be  made  (i)  with  respect  to  any  suit,  claim,  or 
matter  as  to  which  the  person  was  adjudged  to  be  liable 
for  gross  negligence  or  wilful  misconduct  in  the  perform- 
ance of  his  duty  to  the  Employees'  Retirement  System; 
or  (ii)  for  an  independent  contractor  furnishing  services 
to  the  Employees'  Retirement  System;  OR  (III)  WITH  RE- 
SPECT TO  ANY  MATTER  OCCURRING  PRIOR  TO 
JUNE  1,  1978. 

(6)  Insurance  provided. — The  City  shall  provide  insur- 
ance for  every  person  eligible  for  indemnification  under  this 
section  against  any  liability  asserted  against  him  or  in- 
curred by  him  arising  out  of  his  status  as  a  fiduciary.  The 
City  may  provide  self-insurance  for  this  purpose,  in  whole 
or  in  part,  under  terms  and  conditions  satisfactory  to  the 
Board  of  Estimates.  If  the  City  fails  to  provide  adequate 
insurance  coverage,  or  if  the  City  fails  to  provide  indemni- 
fication pursuant  to  this  section,  a  fiduciary  shall  not  be 
required  to  pay  amounts  attributable  to  the  liability  de- 
scribed in  this  section  by  reason  of  the  failure  of  the 
City  to  provide  the  indemnification,  and  City  shall  be  held 
liable  therefor. 

14  is  not  intended  hereby  to  remove  the  City's  right  to 
THE  CITY  MAY  assert  the  defense  of  Governmental  im- 
munity, or  any  other  defense  available  to  the  City,  in  suits 
or  other  actions  brought  against  the  City. 


ORDINANCES  931 

(7)  CITY  SOLICITOR— THE  SOLE  AND  FINAL 
DETERMINATION  OF  ELIGIBILITY  OF  A  PERSON 
FOR  INDEMNIFICATION  WITH  RESPECT  TO  A  PAR- 
TICULAR  ACTION,  SUIT,  OR  PROCEEDING,  AND  THE 
APPROVAL  OF  THE  REASONABLENESS  OF  ALL 
FEES,  EXPENSES,  AND  SETTLEMENTS,  IS  VESTED 
IN  THE  CITY  SOLICITOR. 

Sec.  2.  And  be  it  further  ordained,  That  a  new  sub- 
section (q)  be  and  it  is  hereby  added  to  Section  33  of 
Article  22  of  the  Baltimore  City  Code  (1966  Edition),  as 
amended,  title  "Retirement  Systems",  subtitle  "Fire  and 
Police  Employees'  Retirement  System",  to  follow  immedi- 
ately after  subsection  (p)  of  Section  33  of  said  Article,  and 
to  read  as  follows  : 

33. 

(q)  Indemnification  of  persons  serving  in  fiduciary  ca- 
pacity. (1)  Authorized. — The  City  shall  indemnify  every 
person  who  is  made,  or  is  threatened  to  be  made,  a  party 
to  any  action,  suit,  or  proceeding ,  including  administrative 
and  investigative  proceedings  by  reason  of  his  service  in  a 
fiduciary  capacity  to  the  Fire  and  Police  Employees7  Re- 
tirement System  of  Baltimore  City,  in  accordance  with  and 
subject  to  the  conditions  stated  in  this  section. 

(2)  i( Service  in  fiduciary  capacity"  defined. — The  term 
"service  in  a  fiduciary  capacity",  as  used  in  this  section, 
means  the  exercise  of  any  authority  or  control  or  any  policy 
making  function,  including  acts  of  commission  or  omission, 
concerning  the  management  or  administration  of  the  Fire 
and  Police  Employees*  Retirement  System  of  Baltimore, 
or  the  exercise  of  any  authority  or  control  or  any  policy 
making  function,  including  acts  of  commission  or  omission, 
concerning  the  management  or  disposition  of  the  assets  of 
the  system.  It  includes  membership  on  the  Board  of  Trustees 
of  the  Fire  and  Police  Employees'  Retirement  System  of 
Baltimore  City,  membership  on  the  advisory  investment 
committee,  and  service  as  Administrator  or  Deputy  Ad- 
ministrator of  the  Fire  and  Police  Employees'  Retirement 
System,  or  as  a  staff  member  engaged  in  policy  making 
functions  in  the  performance  of  his  duties  and  responsi- 


932  ORDINANCES  Ord.  No.  845 

bUities;  AND  IT  INCLUDES  THE  CUSTODIAN  OF  THE 
ASSETS  OF  THE  FIRE  AND  POLICE  EMPLOYEES' 
RETIREMENT  SYSTEM  AS  NAMED  IN  THE  BALTI- 
MORE CITY  CHARTER. 

(3)  Included  expenses. — //,  with  respect  to  a  civil,  ad- 
ministrative, or  investigative  action,  suit,  or  proceeding , 
the  person  acted  in  good  faith  and  in  a  manner  he  reason- 
ably believed  to  be  in  or  not  opposed  to  the  best  interest 
of  the  Fire  and  Police  Employees'  Retirement  System  of 
Baltimore  City,  and,  with  respect  to  a  criminal  action,  had 
on  NO  reasonable  cause  to  believe  his  conduct  ivas  unlawful, 
then  indemnification  shall  be  against  those  expenses,  includ- 
ing reasonable  attorney's  fees,  judgments,  fines,  and  ac- 
counts paid  in  settlement  which  were  actually  and  reason- 
ably incurred  by  him  in  connection  with  the  proceeding. 

(U)  Effect  of  termination  of  any  suit  or  proceeding. — 
The  termination  of  any  suit  or  proceeding,  in  any  manner, 
does  not,  of  itself,  create  a  presumption  that  the  person 
did  not  act  in  good  faith  and  in  a  manner  he  reasonably 
believed  to  be  in  or  not  opposed  to  the  best  interest  of  the 
Fire  and  Police  Employees'  Retirement  System,  and  with 
respect  to  a  criminal  action  or  proceeding,  had  reasonable 
cause  to  believe  that  his  conduct  was  unlawful. 

(5)  Exceptions  to  indemnification.  —  Indemnification 
may  not  be  made  (i)  with  respect  to  any  suit,  claim,  or 
matter  as  to  which  the  person  was  adjudged  to  be  liable 
for  gross  negligence  or  wilful  misconduct  in  the  perform- 
ance of  his  duty  to  the  Fire  and  Police  Employees'  Retire- 
ment System;  or  (ii)  for  an  independent  contractor  fur- 
nishing services  to  the  Fire  and  Police  Employees'  Retire- 
ment Systems;  OR  (III)  WITH  RESPECT  TO  ANY 
MATTER  OCCURRING  PRIOR  TO  JUNE  1,  1978. 

(6)  Insurance  provided. — The  City  shall  provide  in- 
surance for  every  person  eligible  for  indemnification  under 
this  section  against  any  liability  asserted  against  him  or 
incurred  by  him  arising  out  of  his  status  as  a  fiduciary. 
The  City  may  provide  self -insurance  for  this  purpose,  in 
whole  or  in  part,  under  terms  and  conditions  satisfactory 
to  the  Board  of  Estimates.  If  the  City  fails  to  provide 
adequate  insurance  coverage,  or  if  the  City  fails  to  provide 


ORDINANCES  933 

indemnification  pursuant  to  this  section,  a  fiduciary  shall 
not  be  required  to  pay  amounts  attributable  to  the  liability 
described  in  this  section  by  reason  of  the  failure  of  the 
City  to  provide  the  indemnification,  and  the  City  shall  be 
held  liable  therefor. 

U  is-  not  intended  hereby  te  remove  the  City's  right  to 
THE  CITY  MAY  assert  the  defense  of  Governmental  im- 
munity, or  any  other  defense  available  to  the  City,  in  suits 
or  other  actions  brought  against  the  City. 

(7)  CITY  SOLICITOR— THE  SOLE  AND  FINAL 
DETERMINATION  OF  ELIGIBILITY  OF  A  PERSON 
FOR  INDEMNIFICATION  WITH  RESPECT  TO  A  PAR- 
TICULAR ACTION,  SUIT,  OR  PROCEEDING,  AND  THE 
APPROVAL  OF  THE  REASONABLENESS  OF  ALL 
FEES,  EXPENSES,  AND  SETTLEMENTS,  IS  VESTED 
IN  THE  CITY  SOLICITOR. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  846 
(Council  No.  1573) 

An  Ordinance  authorizing  and  providing  for  the  issuance, 
from  time  to  time,  by  Mayor  and  City  Council  of  Balti- 
more (the  "City")  of  its  revenue  bonds,  designated 
"Commercial  Development  Revenue  Bonds  (Chesapeake 
Center  Project)"  in  an  aggregate  principal  amount  not 
exceeding  $10,000,000  pursuant  to  the  provisions  of  Sub- 
section (50)  of  Article  II  of  the  Charter  of  Baltimore 
City  (1964  Revision,  as  amended),  in  order  to  use  the 
proceeds  for  the  sole  and  exclusive  purpose  of  (a) 
financing  (i)  the  acquisition  of  certain  real  property  in 
the  City  of  Baltimore,  and  (ii)  the  acquisition  or  con- 
struction  of  buildings   and   structures   for   commercial 


934  ORDINANCES  Ord.  No.  846 

office,  retail  and  related  uses  thereon  to  be  leased  to  or 
owned  by  The  Chesapeake  Life  Insurance  Company,  as 
provided  in  this  ordinance;  (b)  establishing  a  debt  serv- 
ice reserve  fund  or  funds  to  secure  such  bonds,  and  (c) 
paying  the  costs  of  issuance  of  such  bonds ;  making  cer- 
tain legislative  findings,  among  others,  concerning  the 
public  benefit  and  purpose  of  the  revenue  bonds ;  provid- 
ing that  such  revenue  bonds  (a)  shall  be  payable  solely 
and  only  from:  (i)  revenue  derived  from  payments  by 
The  Chesapeake  Life  Insurance  Company  to  the  City 
pursuant  to  the  "Lease  Agreement,,  and/or,  the  "Loan 
Agreement",  and/or  the  "Sale-Lease  Agreement",  as  de- 
fined in  this  Agreement,  ORDINANCE,  or  such  other  se- 
curity instrument  as  may  be  provided,  and  (ii)  certain 
proceeds  of  such  revenue  bonds,  and  (b)  shall  not  ever 
constitute,  within  the  meaning  of  Section  7  of  Article  XI 
of  the  Constitution  of  Maryland  or  any  other  constitution- 
al, statutory  or  charter  provision  or  otherwise  (i)  a  debt 
or  general  obligation  of  the  City  or  any  other  political  sub- 
division or  (ii)  a  pledge  of  or  an  involvement  of  the  faith 
and  credit  or  the  taxing  powers  of  the  City  or  any  other 
political  subdivision ;  providing  that  this  ordinance  shall 
constitute,  upon  requisite  approval,  a  binding  and  en- 
forceable commitment  by  the  City  to  The  Chesapeake 
Life  Insurance  Company  to  issue  the  revenue  bonds  so 
anticipated;  authorizing  both  the  private  (negotiated) 
sale  or  the  competitive  bid  sale  of  such  revenue  bonds; 
providing  that  certain  matters  pertaining  to  such  reve- 
nue bonds,  including  (without  limitation)  the  method  of 
sale,  the  sale  of  any  series,  the  amounts  and  dates  of  any 
series,  maturity  or  maturities,  interest  rate  or  rates, 
sinking  fund  requirements,  redemption  provisions  and  the 
appointment  of  a  trustee  to  act  under  this  ordinance, 
shall  be  determined  administratively  at  or  prior  to  the 
time  of  the  sale  (either  by  negotiated  or  competitive  bid 
sale)  of  any  series  of  such  revenue  bonds  by  resolution  of 
the  Commissioners  of  Finance  of  the  City,  unless  the 
City  shall  otherwise  prescribe;  providing  that  the  Com- 
missioners of  Finance  may  determine  by  resolution  or  by 
other  appropriate  action  all  other  matters  pertaining  to 
the  issuance,  sale  or  delivery  of  any  series  of  such  revenue 
bonds,  including  (without  limitation)  the  provisions  of 
trust  between  the  City  and  the  trustee,  the  creation  of  a 


ORDINANCES  935 

construction  fund  to  be  held  by  the  trustee  and  provision 
for  its  disbursement,  provision  for  the  investment  of 
moneys  held  by  the  trustee,  provision  of  remedies  for 
bondholders  in  the  event  of  default  and  provision  for  the 
enactment  of  supplemental  ordinances  and  resolutions; 
providing  that  all  or  a  portion  of  such  revenue  bonds  may 
be  refunded;  and  generally  providing  for  and  determin- 
ing various  matters  in  connection  with  the  authorization, 
issuance,  security,  sale  and  payment  of  such  revenue 
bonds. 

RECITALS 

A.  Subsection  (50) — Revenue  Bonds  and  Obliga- 
tions, of  Article  II  of  the  Charter  of  Baltimore  City 
(1964  Revision,  as  amended)  (the  "Enabling  Law") 
authorizes  the  Mayor  and  City  Council  of  Baltimore  (the 
"City")  to  borrow  money  through  the  issuance  and  sale 
of  its  revenue  bonds  for  the  accomplishment  of  any  of 
the  purposes,  objects  and  powers  of  the  City.  Revenue 
bonds  issued  pursuant  to  the  Enabling  Law  shall  be  pay- 
able, as  to  both  principal  and  interest,  solely  from  and 
secured  solely  by  (i)  the  revenues  from  or  arising  in  con- 
nection with  the  property,  facilities,  developments  and 
improvements  whose  financing  is  undertaken  by  issuance 
of  the  bonds,  (ii)  the  revenues  from  or  arising  in  con- 
nection with  any  contracts,  mortgages  or  other  securities 
purchased  or  otherwise  acquired  with  the  proceeds  of 
the  bonds,  (iii)  the  contracts,  mortgages  or  other  securi- 
ties purchased  or  otherwise  acquired  with  the  proceeds 
of  the  bonds,  or  (iv)  any  combination  of  (i),  (ii),  or 
(iii).  (The  matters  recited  in  (i),  (ii),  (iii)  and  (iv) 
are  occasionally  referred  to  as  the  "Security".) 

The  Enabling  Law  authorizes  the  City  to  authorize  and 
empower  the  Commissioners  of  Finance  of  the  City  (the 
"Commissioners  of  Finance")  by  resolution:  (i)  to  deter- 
mine and  set  forth  certain  matters  pertaining  to  the 
bonds,  including  but  not  limited  to,  the  form,  terms,  pro- 
visions, manner  or  method  of  issuing  and  selling  (includ- 
ing negotiated  as  well  as  competitive  bid  sale),  and  the 
time  or  times  of  issuance,  and  any  and  all  other  details 
of  any  such  bonds,  and  the  issuance  and  sale  thereof; 
and  (ii)  to  do  any  and  all  things  necessary,  proper  or 


936  ORDINANCES  Ord.  No.  846 

expedient  in  connection  with  the  issuance  and  sale  of 
such  bonds  authorized  to  be  issued  under  the  Enabling 
Law. 

Any  bonds  issued  pursuant  to  the  Enabling  Law  may- 
be secured  by  a  trust  agreement  between  the  City  and  a 
corporate  trustee,  which  may  be  any  trust  company,  or 
bank  having  trust  powers,  within  or  without  the  State 
of  Maryland.  The  Enabling  Law  authorizes  the  City  to 
authorize  the  Commissioners  of  Finance  to  approve  the 
form  of  the  trust  agreement. 

The  trust  agreement  may:  (i)  pledge  or  assign  all  or 
any  part  of  the  Security;  (ii)  contain  whatever  provi- 
sions for  the  protection  and  enforcement  of  the  rights 
and  remedies  of  bondholders  are  deemed  reasonable  and 
proper;  (iii)  set  forth  the  rights  and  remedies  of  the 
bondholders  and  of  the  trustee  and  may  restrict  the  indi- 
vidual right  of  action  by  bondholders;  and  (iv)  contain 
whatever  other  provisions  are  deemed  reasonable  and 
proper  for  the  security  of  the  bondholders. 

B.  Subsection  (15) — Land  Development  and  Rede- 
velopment, of  Article  II  of  the  Charter  of  Baltimore  City 
(1964  Revision,  as  amended)  (the  "Redevelopment  Law") 
authorizes  the  City:  (i)  to  acquire  land  and  property 
in  the  City  of  Baltimore,  Maryland  ("Baltimore")  Balti- 
more for  development  or  redevelopment,  including  but 
not  limited  to  the  comprehensive  renovation  or  rehabili- 
tation thereof;  (ii)  to  develop  and  redevelop,  including 
but  not  limited  to  the  comprehensive  renovation  or  reha- 
bilitation of,  any  and  all  land  or  property  acquired  pur- 
suant to  the  Redevelopment  Law;  (iii)  to  sell,  lease, 
convey,  transfer  or  otherwise  dispose  of  any  of  said  land 
or  property,  regardless  of  whether  or  not  it  has  been 
developed,  redeveloped,  altered  or  improved  and  irrespec- 
tive of  the  manner  or  means  in  or  by  which  it  may  have 
been  acquired,  to  any  private,  public  or  quasi  public  cor- 
poration, partnership,  association,  person  or  other  legal 
entity,  for  development  or  redevelopment,  including  but 
not  limited  to,  the  comprehensive  renovation  or  rehabili- 
tation thereof;  and  (iv)  to  preserve  for  the  City  or  any 
departments  or  agencies  thereof,  any  of  said  land  or 
property,  or  any  rights  or  interests  therein,  for  public 


ORDINANCES  937 

use,  irrespective  of  the  manner  or  means  in  or  by  which 
it  may  have  been  acquired. 

C.  As  part  of  the  overall  plan  and  strategy  for  the 
development  and  redevelopment  of  Baltimore,  the  City 
has  sought  to  encourage  residential,  commercial  and  re- 
lated opportunities  in  downtown  Baltimore  in  order  to 
hold  and  attract  taxpayers.  That  objective  can  best  be 
accomplished  by  encouraging  private  industry  to  invest 
and  reinvest  in  the  downtown  area.  One  of  the  specific 
projects  of  that  plan  and  strategy  is  the  rejuvenation  of 
the  Mt.  Vernon  area,  which  project  is  set  forth  in  the 
Urban  Renewal  Plan,  as  amended,  for  the  Mt.  Vernon 
Urban  Renewal  Area  (the  "Community"),  created  by 
Ordinance  No.  281,  enacted  by  the  City  on  June  22,  1964. 

D.  The  area  generally  bounded  by  Hunter,  Centre, 
St.  Paul  and  Monument  Streets,  including  certain  air 
rights  (the  "Project  Area"),  which  has  been  or  will  be 
acquired  by  the  City  pursuant  to  the  Redevelopment  Law, 
is  a  vital  element  in  the  rehabilitation  of  the  Community 
and  has  been  identified  by  the  City  as  an  ideal  location 
for  the  development  of  additional  commercial,  residen- 
tial and  off-street  parking  facilities.  That  development 
objective  has  been  or  will  be  specifically  incorporated  into 
the  Urban  Renewal  Plan  for  the  Community. 

E.  The  Chesapeake  Life  Insurance  Company,  a  Mary- 
land corporation,  (the  "Company")  has  proposed  to  de- 
velop a  multi-use  center  on  the  Project  Area,  consisting 
of  office  space,  residential  units,  off-street  parking,  com- 
mercial space  and  related  facilities  (the  "Chesapeake 
Center").  The  Company,  which  currently  has  its  main 
offices  adjacent  to  the  Project  Area,  further  proposes  to 
maintain  and  expand  its  support  for  the  renewal  of  Bal- 
timore by  (i)  utilizing  a  substantial  portion  of  the  office 
space  of  Chesapeake  Center  as  its  corporate  headquar- 
ters, and  (ii)  investing  a  significant  amount  of  equity 
capital  in  the  development  of  the  Chesapeake  Center. 

F.  In  order  to  achieve  the  development  objectives 
authorized  by  the  Redevelopment  Law,  the  City  proposes 
to  finance  the  Chesapeake  Center  by  several  issues  of 
bonds  relating  to  different  elements  of  the  Chesapeake 
Center,  each  authorized  by  a  bond  ordinance  similar  to 


938  ORDINANCES  Ord.  No.  846 

this  ordinance.  Although  each  issue  of  bonds  will  be 
separate,  it  is  recognized  by  the  City  that  all  of  the  bond 
issues  are  necessary  for  and  will  relate  to  the  develop- 
ment of  the  Chesapeake  Center. 

G.  The  City  has  determined  to  issue  and  sell  in  an 
amount  not  to  exceed  $10,000,000  aggregate  principal 
amount  of  its  "Commercial  Development  Revenue  Bonds 
(Chesapeake  Center  Project)"  (the  "Bonds")  and  to  use 
the  proceeds  of  the  Bonds  to  (a)  finance  the  acquisition 
and  construction  of  commercial  office,  retail  and  related 
or  ancillary  facilities  including  any  land  necessary  there- 
for in  the  Project  Area  (the  "Facilities"),  (i)  by  direct 
loan  to  the  Company,  or  (ii)  through  construction  of  the 
Facilities  by  the  City  and  subsequent  lease  of  the  Facili- 
ties by  the  City  to  the  Company,  or  (iii)  through  con- 
struction of  the  Facilities  by  the  Company,  purchase  of 
the  Facilities  by  the  City  and  subsequent  lease  of  the 
Facilities  by  the  City  to  the  Company,  or  (iv)  through 
any  combination  of  one  or  more  of  the  foregoing;  (b) 
establish  a  debt  service  reserve  fund  or  funds  to  secure 
further  the  Bonds  and  (c)  pay  the  costs  of  issuance  of 
the  Bonds,  including  the  expense  of  engraving  and  print- 
ing the  Bonds,  the  official  statement  and  other  legal  docu- 
ments related  thereto,  advertising,  legal  and  accounting 
fees  and  all  other  incidental  expenses  connected  there- 
with (the  "Costs  of  Issuance").  The  terms  and  conditions 
of  the  financing  shall  be  set  forth,  depending  on  the  form 
of  the  transaction,  in  a  lease  agreement  (the  "Lease 
Agreement"),  and/or  a  loan  agreement  (the  "Loan 
Agreement")  and/or  a  combined  purchase  and  sale 
agreement  with  the  Company  and  an  agreement  of  lease 
to  the  Company  (the  "Sale-Lease  Agreement"),  which 
document (s)  shall  be  approved  and  executed  pursuant  to 
this  ordinance.  The  public  purposes  of  the  financing  are 
(i)  to  achieve  the  development  of  land  acquired  by  the 
City  pursuant  to  the  Redevelopment  Law,  (ii)  to  provide 
for  essential  commercial  office  and  retail  needs  in  Balti- 
more, (iii)  to  prevent  the  deterioration  of  existing  com- 
mercial and  residential  facilities  and  neighborhoods  in 
Baltimore,  and  (iv)  to  encourage  the  rejuvenation  of  the 
Community  and  Baltimore's  downtown  area,  thereby  en- 
couraging   economic    development    and    protecting   the 


ORDINANCES  939 

health,  welfare  and  safety  of  the  citizens  of  the  State  of 
Maryland  and  of  Baltimore. 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That,  acting  pursuant  to  the  Enabling  Law, 
it  is  hereby  found  and  determined,  as  follows  : 

(1)  There  is  a  need  for  additional  commercial  office, 
retail  and  related  facilities,  in  conjunction  with  residential 
development,  in  the  Community  and  in  Baltimore.  As  a 
result  of  this  need  not  being  met,  there  has  been  a  move- 
ment of  financially  self-sufficient  taxpayers  from  Balti- 
more to  surrounding  subdivisions. 

(2)  The  issuance  of  revenue  bonds  by  the  City  pursuant 
to  the  Enabling  Law  to  finance  development  of  commercial 
office,  retail  and  related  facilities  will  achieve  the  develop- 
ment objectives  authorized  by  the  Redevelopment  Law,  will 
foster  both  the  creation  of  new  commercial  and  residential 
facilities  and  the  renovation  and  rehabilitation  of  existing 
facilities,  and  will  encourage  investment  and  re-investment 
in  such  development  activity  by  private  industry  in  both 
the  Community  and  Baltimore. 

(3)  The  accomplishment  of  the  transactions  contem- 
plated and  authorized  by  this  ordinance,  including  (with- 
out limitation)  the  development  of  commercial  office,  retail 
and  related  facilities  and  the  financing  thereof  will  accom- 
plish a  public  purpose  and  meet  existing  public  needs  by 
(i)  developing  land  acquired  by  the  City  pursuant  to  the 
Redevelopment  Law  in  a  planned,  orderly  and  harmonious 
fashion,  compatible  with  both  existing  and  future  develop- 
ment, (ii)  creating  additional  commercial  office,  retail  and 
related  facilities  in  the  Community  and  in  Baltimore,  (iii) 
retarding  or  reversing  the  movement  of  financially  self- 
sufficient  taxpayers  from  Baltimore  to  surrounding  subdi- 
visions, (iv)  preventing  the  further  deterioration  of 
existing  commercial  and  residential  facilities  and  neigh- 
borhoods within  Baltimore,  and  (v)  furthering  the  rejuve- 
nation and  economic  development  of  the  Community  and 
Baltimore. 

(4)  Neither  the  Bonds  nor  interest  coupons  issued 
under  the  authority  of  the  Enabling  Law  constitute  (i)  a 
debt  or  general  obligation  of  the  City  or  any  other  political 


940  ORDINANCES  Ord.  No.  846 

subdivision,  or  (ii)  a  pledge  of  or  an  involvement  of  the  faith 
and  credit  or  the  taxing  powers  of  the  City  or  any  other 
political  subdivision,  all  within  the  meaning  of  Section  7 
of  Article  XI  of  the  Constitution  of  Maryland  or  any  other 
constitutional,  statutory  or  charter  provision,  and  the 
Bonds  and  any  interest  coupons  attached  thereto  shall 
never  constitute  or  give  rise  to  any  pecuniary  liability  of 
the  City.  The  principal  of  and  interest  on  the  Bonds  shall 
be  payable  from,  and  secured  by  (a)  an  assignment  of  the 
revenues  realized  under  the  Lease  Agreement  and/or  the 
Loan  Agreement  and/or  the  Sale-Lease  Agreement,  which 
in  turn  derive  from  or  arise  in  connection  with  the  prop- 
erty, facilities,  developments  and  improvements,  the  financ- 
ing of  which  is  undertaken  by  the  issuance  of  the  Bonds, 
and  (b)  any  debt  SERVICE  reserve  fund  or  funds  estab- 
lished by  the  Commissioners  of  Finance.  The  Bonds  may  be 
additionally  secured  (without  in  any  way  specifying  or 
limiting  the  terms  of  such  additional  security)  by  (i)  one  or 
more  mortgage  liens  on  or  security  interests  in  the  property 
(or  any  interest  therein  including  a  leasehold  estate),  facili- 
ties, developments  and  improvements,  financed  by  the  pro- 
ceeds of  the  Bonds,  with  the  payments  under  the  mortgage  or 
security  instrument  assigned  to  the  trustee  for  the  holders 
of  the  Bonds  (the  ''Bondholders") ;  or  (ii)  insuring  the 
mortgage  payments  through  such  Federal,  State  or  munici- 
pal fund  or  other  agency  permitted  by  applicable  law  to 
perform  insuring  functions;  or  (iii)  assigning  the  proceeds 
of  the  mortgage  insurance  to  the  trustee  for  the  Bondhold- 
ers; or  (iv)  such  other  security  as  the  Commissioners  of 
Finance  may  approve;  or  (v)  any  combination  of  (i),  (ii), 
(iii)  and  (iv).  The  principal  amount  of  the  Bonds  and  the 
payments  to  be  made  pursuant  to  the  Lease  Agreement, 
and/or  the  Loan  Agreement  and/or  the  Sale-Lease  Agree- 
ment will  be  paid  directly  to,  and  will  be  disbursed  by,  the 
independent  trustee  appointed  by  the  Commissioners  of 
Finance  pursuant  hereto.  No  such  moneys  will  be  either 
commingled  with  the  City's  funds  or  made  subject  to  the 
absolute  control  of  the  City,  except  for  such  limited  super- 
vision and  checks  as  are  deemed  necessary  or  desirable  by 
the  City  to  insure  that  the  proceeds  of  the  Bonds  are  used 
to  accomplish  the  public  purposes  of  the  Enabling  Law  and 
this  ordinance.  The  transactions  authorized  hereby  do  not 
constitute  a  public  improvement  or  a  capital  project  within 


ORDINANCES  941 

the  meaning  of  any  charter  or  statutory  provision.  The 
public  purposes  expressed  in  this  ordinance  are  intended  to 
be  achieved  by  developing  property  acquired  by  the  City 
pursuant  to  the  Redevelopment  Law,  providing  commercial 
office,  retail  and  related  facilities  within  the  Community 
and  Baltimore  for  taxpayers,  retarding  or  reversing  the 
movement  of  financially  self-sufficient  taxpayers  from  Bal- 
timore to  surrounding  subdivisions,  preventing  the  deterio- 
ration of  existing  commercial  and  residential  facilities  and 
neighborhoods  in  Baltimore  and  encouraging  the  rejuve- 
nation and  economic  development  of  Baltimore. 

Sec.  2.  And  be  it  further  ordained,  That,  in  accordance 
with  the  Enabling  Law,  any  and  all  loans,  leases,  purchase 
and  sale  agreements  and  related  agreements  made  pursuant 
to  this  ordinance  shall  be  approved:  (i)  by  the  City  Solici- 
tor of  the  City  (the  "City  Solicitor") ;  (ii)  by  a  resolution 
of  the  Board  of  Estimates  of  the  City  (the  "Board  of  Esti- 
mates") ;  and  (iii)  by  the  Mayor  or  acting  Mayor  of  the 
City  of  Baltimore  (the  "Mayor").  This  ordinance  is  in- 
tended to  be,  and  shall  constitute,  upon  the  approval  of  the 
Loan  Agreement  and/or  the  Lease  Agreement  and/or  the 
Sale-Lease  Agreement  by  the  City  Solicitor,  the  Board  of 
Estimates  and  the  Mayor,  a  binding  and  enforceable  com- 
mitment by  the  City  to  issue  and  deliver  the  Bonds  author- 
ized hereby  in  accordance  with  the  terms  hereof. 

Sec.  3.  And  be  it  further  ordained,  That,  the  issuance, 
sale  and  delivery  of  an  amount  not  exceeding  $10,000,000 
aggregate  principal  amount  of  revenue  bonds,  hereby  desig- 
nated "Commercial  Development  Revenue  Bonds  (Chesa- 
peake Center  Project) "  is  hereby  authorized,  subject  to  the 
provisions  of  this  ordinance.  The  proceeds  of  the  Bonds  are 
to  be  used  (a)  to  finance  the  acquisition  and  construction 
of  the  Facilities  and  (b)  to  pay  the  Costs  of  Issuance.  The 
Bonds  are  to  be  solely  and  exclusively  payable  from,  and 
secured  by  (a)  the  revenue  derived  from  payments  under 
the  Lease  Agreement  and/or  the  Loan  Agreement  and/or 
the  Sale-Lease  Agreement  and  (b)  any  debt  service  reserve 
fund  or  funds  established  by  the  Commissioners  of  Finance. 
The  Commissioners  of  Finance  may  require,  however,  that 
the  Bonds  be  additionally  secured  by  (i)  one  or  more  mort- 
gage liens  on  or  security  interests  in  the  property  (or  any 


942  ORDINANCES  Ord.  No.  846 

interest  therein  including  a  leasehold  estate),  facilities, 
developments  and  improvements,  the  financing  of  which  is 
undertaken  by  the  issuance  of  the  Bonds,  with  the  pay- 
ments under  the  mortgages  or  security  interests  assigned 
to  the  trustee  for  the  Bondholders;  or  (ii)  insuring  the 
mortgage  payments  through  such  Federal,  State,  or  munici- 
pal fund  or  other  agency  permitted  by  applicable  law  to 
perform  insuring  functions;  or  (iii)  assigning  the  proceeds 
of  the  mortgage  insurance  to  the  trustee  for  the  Bond- 
holders; or  (iv)  such  other  security  as  the  Commissioners 
of  Finance  may  approve;  or  (v)  any  combination  of  (i), 
(ii),  (iii)  and  (iv).  The  aggregate  principal  amount  of 
Bonds  issued,  sold  and  delivered  pursuant  to  this  ordinance 
shall  not  exceed  $10,000,000  unless  such  amount  shall  be 
increased  by  an  ordinance  of  the  City  supplemental  hereto. 

In  accordance  with  the  Enabling  Law,  the  City  hereby 
authorizes  the  Commissioners  of  Finance  to  make  the  ad- 
ministrative determinations  necessary  for  the  issuance  of 
the  Bonds.  The  Enabling  Law  provides  that  the  Commis- 
sioners of  Finance,  by  resolution,  may  prescribe  certain 
matters,  including  (without  limitation)  the  form,  terms, 
provisions,  manner  or  method  of  issuing  and  selling  (in- 
cluding negotiated  as  well  as  competitive  bid  sale)  and  the 
time  or  times  of  issuance,  and  any  and  all  other  details  of 
the  Bonds,  and  the  issuance  and  sale  thereof.  This  ordi- 
nance, accordingly,  provides  that  the  Commissioners  of 
Finance  shall  make  such  determinations  in  connection  with 
the  issuance  and  sale  of  the  Bonds,  as  provided  in  the 
Enabling  Law,  unless  the  City  shall  otherwise  prescribe 
prior  to  the  issuance  and  delivery  of  the  Bonds. 

The  Bonds  authorized  by  this  ordinance  may  be  issued 
in  one  or  more  series,  and  each  series  shall  be  identified  by 
a  letter  designation,  so  that  the  first  series  (if  the  issuance 
of  more  than  one  series  of  Bonds  hereunder  is  then  con- 
templated) shall  be  designated  "Commercial  Development 
Revenue  Bonds  (Chesapeake  Center  Project),  1978  Series 
A".  The  aggregate  principal  amount  of  Bonds  to  be  issued 
pursuant  to  this  ordinance  at  any  one  time  shall  be  deter- 
mined by  the  Commissioners  of  Finance  by  resolution 
adopted  prior  to  the  delivery  of  the  Bonds. 

The  Bonds  of  a  series  of  Bonds  shall  be  dated  as  of  the 
first  day  of  the  month  next  following  the  date  on  which  the 


ORDINANCES  943 

series  of  Bonds  is  sold  unless  the  Commissioners  of  Finance 
shall  specify  a  different  date  in  its  resolution  hereinafter 
described,  and  the  Bonds  shall  bear  interest  at  an  annual 
rate  or  rates  payable  semi-annually  following  the  date  of 
the  series  of  Bonds  so  that,  if  the  Bonds  of  a  series  are 
dated  January  1,  1979,  interest  on  that  series  of  Bonds  will 
be  payable  on  July  1,  1979,  January  1,  1980,  and  semi- 
annually thereafter. 

The  Bonds  of  each  series  of  Bonds  issued  hereunder  shall 
mature  on  the  date  or  dates  provided  in  the  resolution  of 
the  Commissioners  of  Finance  hereinafter  described,  but 
the  last  maturity  of  any  series  of  Bonds  shall  in  no  event 
exceed  a  period  of  forty  (40)  years  from  the  date  of  that 
particular  series  of  Bonds.  If  the  resolution  of  the  Com- 
missioners of  Finance  hereinafter  described  does  not  pro- 
vide any  maturity  or  maturities  for  a  series  of  Bonds,  all 
of  the  Bonds  of  the  series  shall  mature  on  the  date  thirty 
(30)  years  from  the  date  of  that  particular  series  of  Bonds. 
If  the  Bonds  of  a  series  are  dated  January  1,  1979,  all  the 
Bonds  of  that  series  will  mature  (in  the  absence  of  a  reso- 
lution of  the  Commissioners  of  Finance  determining  other- 
wise) on  January  1,  2009. 

The  terms  of  this  ordinance  shall  not  be  interpreted  so 
as  to  preclude  or  prevent  the  issuance  of  refunding  bonds 
to  refund  all  or  a  portion  of  the  Bonds.  The  adoption  of  a 
subsequent  ordinance  or  ordinances  authorizing  such  a  re- 
funding of  the  Bonds  is  expressly  contemplated  by  this 
ordinance. 

Sec.  4.  And  be  it  further  ordained,  That,  prior  to  the 
delivery  of  any  series  of  Bonds,  the  Commissioners  of 
Finance  shall  adopt  a  resolution  or  resolutions  which  shall 
prescribe  (i)  the  principal  amount  of  Bonds  to  be  issued  as 
a  series  at  any  one  time,  (ii)  redemption  provisions  for  the 
series  of  Bonds,  and  (iii)  the  sinking  fund  requirements,  if 
any,  for  the  series  of  Bonds. 

Prior  to  the  delivery  of  any  series  of  Bonds,  the  Com- 
missioners of  Finance  may  also  adopt  a  resolution  or  reso- 
lutions which  may  prescribe  (i)  the  date  of  issue  of  the 
series  of  Bonds,  (ii)  the  maturity  or  maturities  of  the  series 
of  Bonds,  (iii)  any  additional  terms  necessary  or  appro- 


944  ORDINANCES  Ord.  No.  846 

priate  to  reflect  any  matters  provided  by  that  resolution 
and  (iv)  other  matters  deemed  appropriate  by  the  Com- 
missioners of  Finance. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
section  of  this  ordinance  shall  be  deemed  to  be  of  an  admin- 
istrative nature  and  shall  be  effective  upon  approval  of: 
(i)  the  Board  of  Estimates,  (ii)  the  City  Solicitor  and  (iii) 
the  Mayor. 

Sec.  5.  And  be  it  further  ordained,  That,  it  is  hereby 
found  and  determined  that  the  best  interests  of  the  City 
will  be  served  by  authorizing  the  Commissioners  of  Fi- 
nance to  determine  the  method  of  sale  of  the  Bonds,  (in- 
cluding negotiated  private  sale  or  competitive  bid  sale),  as 
authorized  by  the  Enabling  Law,  and  upon  the  terms  and 
conditions  determined  by  the  Commissioners  of  Finance  as 
hereinafter  authorized. 

Authority  is  hereby  conferred  on  the  Commissioners  of 
Finance,  unless  the  City  shall  otherwise  prescribe  prior  to 
the  issuance  and  delivery  of  the  Bonds,  to  take  the  following 
actions  and  to  make  the  following  commitments  on  behalf 
of  the  City: 

(a)  to  deliver  the  Lease  Agreement  and/or  the  Loan 
Agreement  and/or  the  Sale-Lease  Agreement  by  and  be- 
tween the  City  and  the  Company  in  the  form  determined 
by  resolution  of  the  Commissioners  of  Finance  and  ap- 
proved by  the  Board  of  Estimates  and  the  City  Solicitor, 
such  Lease  Agreement  and/or  Loan  Agreement  and/or 
Sale-Lease  Agreement  to  be  executed  by  the  Mayor  and 
attested  by  the  Treasurer  or  the  Deputy  Treasurer  of  the 
City  of  Baltimore  (the  "Treasurer")  ; 

(b)  to  prepare  and  distribute,  in  conjunction  with  rep- 
resentatives of  the  Company  and  the  prospective  purchas- 
ers of  or  underwriters  for  the  Bonds,  both  a  preliminary 
and  a  final  official  statement  (which  final  official  statement 
shall  be  executed  by  the  Mayor  and  attested  by  the  Treas- 
urer) in  connection  with  the  sale  of  the  Bonds;  provided, 
however,  that  any  preliminary  official  statement  shall  be 
clearly  marked  to  indicate  that  it  is  subject  to  completion 
and  amendment ; 


ORDINANCES  945 

(c)  to  determine  the  date,  time  and  place  when  a  bond 
purchase  or  underwriting  agreement  shall  be  submitted  by 
the  purchasers  of  or  underwriters  for  the  Bonds,  such  bond 
purchase  or  underwriting  agreement  to  specify  the  inter- 
est rate  or  rates  proposed  to  be  paid  on  the  Bonds,  the  price 
at  which  the  Bonds  are  to  be  sold  to  the  purchasers  or 
underwriters,  and  such  other  matters  as  the  purchasers  or 
underwriters  and  the  City  officials  may  deem  necessary  or 
desirable  in  order  to  effect  the  sale  and  delivery  of  the 
Bonds  ; 

(d)  to  determine  the  interest  rate  or  rates  to  be  paid 
by  the  City  on  the  Bonds  in  accordance  with  the  proposed 
bond  purchase  or  underwriting  agreement  submitted  by 
the  purchasers  or  underwriters  for  the  Bonds,  but  only 
after  the  Company  shall  have  given  the  City  written 
approval  of  such  rate  or  rates ; 

(e)  to  deliver,  as  a  binding  and  enforceable  obligation 
of  the  City,  the  bond  purchase  or  underwriting  agreement 
for  the  Bonds  by  and  between  the  City  and  the  purchasers 
or  underwriters  for  the  Bonds,  such  bond  purchase  or  un- 
derwriting agreement  to  be  executed  by  the  Mayor  and 
attested  by  the  Treasurer,  and  to  proceed  to  accomplish 
any  and  all  actions  necessary  or  deemed  appropriate  by 
either  the  City,  the  purchasers  or  the  underwriters  to  issue 
and  deliver  the  Bonds  to  the  purchasers  or  underwriters  in 
accordance  with  the  provisions  of  this  ordinance  and  the 
bond  purchase  or  underwriting  agreement ; 

(f)  to  appoint  a  bank  having  trust  powers,  or  a  trust 
company,  as  trustee  for  the  Bondholders ; 

(g)  in  order  to  insure  that  the  Bonds  are  issued  with- 
out direct  cost  to  the  City,  to  provide  for  the  payment, 
either  directly  by  the  Company  or  out  of  the  proceeds  of  the 
Bonds,  of  all  costs,  fees  and  expenses  incurred  by  or  on  be- 
half of  the  City  in  connection  with  the  issuance  of  the 
Bonds,  such  payments  to  include  (without  limitation)  costs 
of  printing  and  issuing  the  Bonds,  legal  expenses,  and 
compensation  to  any  persons  (other  than  full-time  employ- 
ees of  the  City)  performing  services  by  or  on  behalf  of  the 
City  in  connection  with  the  transactions  contemplated  by 
this  ordinance ; 


946  ORDINANCES  Ord.  No.  846 

(h)  to  deliver  to  the  trustee,  as  a  binding  and  enforce- 
able obligation  of  the  City,  the  trust  agreement  between 
the  City  and  the  trustee,  executed  by  the  Mayor  and 
attested  by  the  Treasurer,  which  trust  agreement  may  be  a 
resolution  of  the  Commissioners  of  Finance;  and 

(i)  to  do  any  and  all  things  necessary,  proper  or  expe- 
dient in  connection  with  the  issuance  and  sale  of  the  Bonds. 

Sec.  6.  And  be  it  further  ordained,  That,  prior  to  the 
sale  of  any  series  of  Bonds,  the  Commissioners  of  Finance, 
unless  the  City  shall  otherwise  prescribe  prior  to  the  issu- 
ance and  delivery  of  the  Bonds,  may  determine  by  reso- 
lution : 

(1)  the  provisions  of  the  trust  agreement  between  the 
City  and  the  trustee ; 

(2)  the  manner  of  execution,  authentication,  registra- 
tion and  transfer  of  the  Bonds ; 

(3)  provisions  for  authentication  and  delivery  of  the 
Bonds; 

(4)  the  provisions  of  the  Lease  Agreement  and/or  Loan 
Agreement  and/or  Sale-Lease  Agreement  between  the  City 
and  the  Company ; 

(5)  the  terms  of  the  mortgage,  security  instrument  or 
other  evidence,  if  any,  of  the  obligation  of  the  Company 
or  successors  in  interest,  provided  for  each  series  of  Bonds ; 

(6)  provisions  for  creation,  holding  and  disbursement 
of  a  construction  fund  to  be  held  by  the  trustee ; 

(7)  provisions  for  creation,  holding  and  disbursement 
of  any  other  funds  and  accounts  to  be  held  by  the  trustee, 
including  a  reserve  fund  further  to  secure  the  Bonds ; 

(8)  provisions  for  the  application  of  receipts  and  reve- 
nues from  the  Company ; 

(9)  provisions  for  the  security  for  and  investment  of 
moneys  held  by  the  trustee ; 

(10)  the  details  of  the  procedure  for  the  redemption 
of  the  Bonds; 

(11)  remedies  for  Bondholders  in  the  event  of  default; 


ORDINANCES  947 

(12)  the  duties,  rights  and  immunities  of  the  trustee; 

(13)  the  manner  of  execution  of  instruments  by  Bond- 
holders and  the  method  of  proof  of  ownership  of  the  Bonds ; 

(14)  provisions  for  modification  of  this  ordinance  and 
the  Lease  Agreement  and/or  Loan  Agreement  and/or  Sale- 
Lease  Agreement; 

( 15)  provisions  for  defeasance  of  the  Bonds ; 

(16)  the  forms  of  the  Bonds,  coupons  and  the  trustee's 
authentication  certificate ;  and 

(17)  such  other  matters  in  connection  with  the  author- 
ization, issuance,  security,  sale  and  payment  of  and  for  the 
Bonds  as  may  be  deemed  appropriate  by  the  Commission- 
ers of  Finance. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
ordinance  shall  be  deemed  to  be  of  an  administrative  na- 
ture and  shall  be  effective  upon  approval  by:  (i)  the  Board 
of  Estimates,  (ii)  the  City  Solicitor  and  (iii)  the  Mayor. 

Sec.  7.  And  be  it  further  ordained,  That,  if  any  action 
on  any  matter  delegated  to  the  Commissioners  of  Finance, 
shall  not  be  acted  upon  by  the  Commissioners  of  Finance, 
such  action  or  matter  may  be  acted  upon  or  implemented 
by  a  resolution,  approved  by  the  City  Council  of  the  City, 
which  is  subsequently  approved  by  the  Mayor. 

SEC.  8.  And  be  it  further  ordained,  That,  the  provisions 
of  this  ordinance  are  severable,  and  if  any  provision,  sen- 
tence, clause,  section  or  part  thereof  is  held  illegal,  invalid 
or  unconstitutional  or  inapplicable  to  any  person  or  cir- 
cumstances, such  illegality,  invalidity  or  unconstitutional- 
ity, or  inapplicability  shall  not  affect  or  impair  any  of  the 
remaining  provisions,  sentences,  clauses,  sections,  or  parts 
of  this  ordinance  or  its  application  to  other  persons  or 
circumstances.  It  is  hereby  declared  to  be  the  legislative 
intent  that  this  ordinance  would  have  been  adopted  if  such 
illegal,  invalid  or  unconstitutional  provision,  sentence, 
clause,  section  or  part  had  not  been  included  therein,  and 
if  the  person  or  circumstances  to  which  this  ordinance  or 
any  part  thereof  is  inapplicable  had  been  specifically  ex- 
empted therefrom. 


948  ORDINANCES  Ord.  No.  847 

Sec.  9.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  847 
(Council  No.  1574) 

An  Ordinance  authorizing  and  providing  for  the  issuance, 
from  time  to  time,  by  Mayor  and  City  Council  of  Balti- 
more (the  "City")  of  its  revenue  bonds,  designated  "Resi- 
dential Development  Revenue  Bonds  (Chesapeake  Center 
Project)"  in  an  aggregate  principal  amount  not  exceeding 
$10,000,000  pursuant  to  the  provisions  of  Subsections 
(15)  and  (50)  of  Article  II  of  the  Charter  of  Baltimore 
City  (1964  Revision,  as  amended),  in  order  to  use  the 
proceeds  for  the  sole  and  exclusive  purpose  of  (a)  financ- 
ing (i)  the  acquisition  of  certain  real  property  in  the 
City  of  Baltimore,  and  (ii)  the  acquisition  or  construc- 
tion of  buildings  and  structures  for  residential  and  re- 
lated uses  thereon  to  be  leased  to  or  owned  by  The 
Chesapeake  Life  Insurance  Company,  or  a  housing  cor- 
poration approved  by  the  Board  of  Estimates  of  the  City 
of  Baltimore  (the  "Housing  Corporation"),  as  provided 
in  this  ordinance;  (b)  establishing  a  debt  service  reserve 
fund  or  funds  to  secure  such  bonds,  and  (c)  paying  the 
costs  of  issuance  of  such  bonds;  making  certain  legisla- 
tive findings,  among  others,  concerning  the  public  benefit 
and  purpose  of  the  revenue  bonds;  providing  that  such 
revenue  bonds  (a)  shall  be  payable  solely  and  only  from: 
(i)  revenue  derived  from  payments  by  The  Chesapeake 
Life  Insurance  Company  or  the  Housing  Corporation  to 
the  City  pursuant  to  the  "Lease  Agreement"  and/or,  the 
"Loan  Agreement",  and/or  the  "Sale-Lease  Agree- 
ment", as  defined  in  this  Agroomont,  ORDINANCE,  or 
such  other  security  instrument  as  may  be  provided,  and 
(ii)  certain  proceeds  of  such  revenue  bonds,  and  (b)  shall 
not  ever  constitute,  within  the  meaning  of  Section  7  of  Ar- 


ORDINANCES  949 

tide  XI  of  the  Constitution  of  Maryland  or  any  other  con- 
stitutional, statutoiy  or  charter  provision  or  otherwise  (i) 
a  debt  or  general  obligation  of  the  City  or  any  other  politi- 
cal subdivision  or  (ii)  a  pledge  of  or  an  involvement  of 
the  faith  and  credit  or  the  taxing  powers  of  the  City  or 
any  other  political  subdivision;  providing  that  this  ordi- 
nance shall  constitute,  upon  requisite  approval,  a  binding 
and  enforceable  commitment  by  the  City  to  The  Chesa- 
peake Life  Insurance  Company  to  issue  the  revenue  bonds 
so  anticipated;  authorizing  both  the  private  (negotiated) 
sale  or  the  competitive  bid  sale  of  such  revenue  bonds; 
providing  that  certain  matters  pertaining  to  such  reve- 
nue bonds,  including  (without  limitation)  the  method  of 
sale,  the  sale  of  any  series,  the  amounts  and  dates  of  any 
series,  maturity  or  maturities,  interest  rate  or  rates,  sink- 
ing fund  requirements,  redemption  provisions  and  the 
appointment  of  a  trustee  to  act  under  this  ordinance, 
shall  be  determined  administratively  at  or  prior  to  the 
time  of  the  sale  (either  by  negotiated  or  competitive  bid 
sale)  of  any  series  of  such  revenue  bonds  by  resolution 
of  the  Commissioners  of  Finance  of  the  City,  unless  the 
City  shall  otherwise  prescribe;  providing  that  the  Com- 
missioners of  Finance  may  determine  by  resolution  or  by 
other  appropriate  action  all  other  matters  pertaining  to 
the  issuance,  sale  or  delivery  of  any  series  of  such  reve- 
nue bonds,  including  (without  limitation)  the  provisions 
of  trust  between  the  City  and  the  trustee,  the  creation  of 
a  construction  fund  to  be  held  by  the  trustee  and  provi- 
sion for  its  disbursement,  provision  for  the  investment 
of  moneys  held  by  the  trustee,  provision  of  remedies  for 
bondholders  in  the  event  of  default  and  provision  for  the 
enactment  of  supplemental  ordinances  and  resolutions; 
providing  that  all  or  a  portion  of  such  revenue  bonds  may 
be  refunded ;  and  generally  providing  for  and  determining 
various  matters  in  connection  with  the  authorization, 
issuance,  security,  sale  and  payment  of  such  revenue 
bonds. 

RECITALS 

A.  Subsection  (15)  (i),  of  Article  II  of  the  Charter  of 
Baltimore  City  (1964  Revision,  as  amended)  (the  "Loan 
Enabling  Law")  authorizes  Mayor  and  City  Council  of 
Baltimore  (the  "City")  to  borrow  money  through  the  is- 


950  ORDINANCES  Ord.  No.  847 

suance  and  sale  of  its  revenue  bonds  and  to  loan  directly 
or  indirectly  (including,  in  whole  or  in  part,  the  purchase 
of  mortgages,  notes,  or  other  securities)  the  proceeds  of 
the  bonds  to  any  public,  quasi-public  or  private  corpora- 
tion, partnership,  association,  person  or  other  legal  entity 
for  the  express  public  purpose  of  assisting  the  financing 
of  development  and  redevelopment,  including,  but  not 
limited  to,  new  construction  or  the  comprehensive  reno- 
vation or  rehabilitation,  of  land  or  property  located 
within  the  boundary  lines  of  the  City  of  Baltimore,  Mary- 
land ("Baltimore"),  for  residential  housing  purposes,  in- 
cluding related  commercial  and  community  facilities.  Rev- 
enue bonds  issued  pursuant  to  the  Loan  Enabling  Law 
shall  be  payable,  as  to  both  principal  and  interest,  solely 
from  and  secured  solely  by  (i)  a  pledge  of  and  lien  upon 
the  revenues  realized  from  or  produced  by  the  property, 
facilities,  developments  and  improvements  whose  financ- 
ing is  undertaken  by  issuance  of  the  bonds,  and  realized 
from  or  produced  by  existing  facilities  to  which  such  new 
facilities  and  improvements  are  related,  or  (ii)  mort- 
gages, notes,  or  other  securities  which  may  be  acquired 
for  or  in  connection  with  such  purpose  with  bond  sale 
proceeds  and  pledged  to  debt  service  payments  on  such 
bonds. 

The  Loan  Enabling  Law  authorizes  the  City  to  au- 
thorize and  empower  the  Commissioners  of  Finance  of  the 
City  (the  "Commissioners  of  Finance")  by  resolution: 
(i)  to  determine  and  set  forth  certain  matters  pertaining 
to  the  bonds,  including,  but  not  limited  to,  the  form, 
terms,  provisions,  manner  or  method  of  issuing  and  sell- 
ing (including  negotiated  as  well  as  competitive  bid  sale), 
and  the  time  or  times  of  issuance,  and  any  and  all  other 
details  of  any  such  bonds,  and  the  issuance  and  sale 
thereof;  and  (ii)  to  do  any  and  all  things  necessary, 
proper  or  expedient  in  connection  with  the  issuance  and 
sale  of  such  bonds  issued  pursuant  to  the  Loan  Enabling 
Law. 

Any  loans  made  pursuant  to  the  Loan  Enabling  Law 
are  subject  to  the  prior  approval  of  the  Board  of  Esti- 
mates of  the  Mayor  a»4  City  Council  of  Baltimore  CITY 
(the  "Board  of  Estimates"),  and  the  terms  and  pro- 
visions of  any  agreement  relative  to  any  such  loan  are 


ORDINANCES  951 

subject  to  the  approval  of  the  Board  of  Estimates  and 
the  City  Solicitor  of  the  City  (the  "City  Solicitor"). 

B.  Subsection  (50)  —  Revenue  Bonds  and  Obligations, 
of  Article  II  of  the  Charter  of  Baltimore  City  (1964  Re- 
vision, as  amended)  (the  "General  Enabling  Law")  au- 
thorizes the  City  to  borrow  money  through  the  issuance 
and  sale  of  its  revenue  bonds  for  the  accomplishment  of 
any  of  the  purposes,  objects  and  powers  of  the  City. 
Revenue  bonds  issued  pursuant  to  the  General  Enabling 
Law  shall  be  payable,  as  to  both  principal  and  interest, 
solely  from  and  secured  solely  by  (i)  the  revenues  from 
or  arising  in  connection  with  the  property,  facilities,  de- 
velopments and  improvements  whose  financing  is  under- 
taken by  issuance  of  the  bonds,  (ii)  the  revenues  from 
or  arising  in  connection  with  any  contracts,  mortgages 
or  other  securities  purchased  or  otherwise  acquired  with 
the  proceeds  of  the  bonds,  (iii)  the  contracts,  mortgages 
or  other  securities  purchased  or  otherwise  acquired  with 
the  proceeds  of  the  bonds,  or  (iv)  any  combination  of 
(i),  (ii)  or  (iii).  (The  matters  recited  in  (i),  (ii),  (iii) 
and  (iv)  are  occasionally  referred  to  as  the  "Security".) 

The  General  Enabling  Law  authorizes  the  City  to  au- 
thorize and  empower  the  Commissioners  of  Finance  by 
resolution:  (i)  to  determine  and  set  forth  certain  matters 
pertaining  to  the  bonds,  including  but  not  limited  to,  the 
form,  terms,  provisions,  manner  or  method  of  issuing  and 
selling  (including  negotiated  as  well  as  competitive  bid 
sale),  and  the  time  or  times  of  issuance,  and  any  and 
all  other  details  of  any  such  bonds,  and  the  issuance  and 
sale  thereof;  and  (ii)  to  do  any  and  all  things  necessary, 
proper  or  expedient  in  connection  with  the  issuance  and 
sale  of  such  bonds  authorized  to  be  issued  under  the 
General  Enabling  Law. 

Any  bonds  issued  pursuant  to  the  General  Enabling 
Law  may  be  secured  by  a  trust  agreement  between  the 
City  and  a  corporate  trustee,  which  may  be  any  trust 
company,  or  bank  having  trust  powers,  within  or  without 
the  State  of  Maryland.  The  General  Enabling  Law  author- 
izes the  City  to  authorize  the  Commissioners  of  Finance 
to  approve  the  form  of  the  trust  agreement. 


952  ORDINANCES  Ord.  No.  847 

The  trust  agreement  may:  (i)  pledge  or  assign  all  or 
any  part  of  the  Security;  (ii)  contain  whatever  provi- 
sions for  the  protection  and  enforcement  of  the  rights 
and  remedies  of  bondholders  are  deemed  reasonable  and 
proper;  (iii)  set  forth  the  rights  and  remedies  of  the 
bondholders  and  of  the  trustee  and  may  restrict  the  indi- 
vidual right  of  action  by  bondholders;  and  (iv)  contain 
whatever  other  provisions  are  deemed  reasonable  and 
proper  for  the  security  of  the  bondholders. 

C.  The  Loan  Enabling  Law  and  the  General  Enabling 
Law  are  referred  to  herein  collectively  as  the  ' 'Enabling 
Laws". 

D.  Subsection  (15)  —  Land  Development  and  Redevel- 
opment, of  Article  II  of  the  Charter  of  Baltimore  City 
(1964  Revision,  as  amended)  (the  "Redevelopment  Law") 
authorizes  the  City:  (i)  to  acquire  land  and  property  in 
Baltimore  for  development  or  redevelopment,  including 
but  not  limited  to  the  comprehensive  renovation  or  re- 
habilitation thereof;  (ii)  to  develop  and  redevelop,  in- 
cluding but  not  limited  to  the  comprehensive  renovation 
or  rehabilitation  of,  any  and  all  land  or  property  acquired 
pursuant  to  the  Redevelopment  Law;  (iii)  to  sell,  lease, 
convey,  transfer  or  otherwise  dispose  of  any  of  said  land 
or  property,  regardless  of  whether  or  not  it  has  been 
developed,  redeveloped,  altered  or  improved  and  irre- 
spective of  the  manner  or  means  in  or  by  which  it  may 
have  been  acquired,  to  any  private,  public  or  quasi  public 
corporation,  partnership,  association,  person  or  other 
legal  entity,  for  development  or  redevelopment,  including 
but  not  limited  to,  the  comprehensive  renovation  or  re- 
habilitation thereof;  and  (iv)  to  preserve  for  the  City  or 
any  departments  or  agencies  thereof,  any  of  said  land  or 
property,  or  any  rights  or  interests  therein,  for  public 
use,  irrespective  of  the  manner  or  means  in  or  by  which 
it  may  have  been  acquired. 

E.  As  part  of  the  overall  plan  and  strategy  for  the 
development  and  redevelopment  of  Baltimore,  the  City 
has  sought  to  encourage  residential,  commercial  and  re- 
lated opportunities  in  downtown  Baltimore  in  order  to 
hold  and  attract  taxpayers.  That  objective  can  best  be 
accomplished  by  encouraging  private  industry  to  invest 


ORDINANCES  953 

and  reinvest  in  the  downtown  area.  One  of  the  specific 
projects  of  that  plan  and  strategy  is  the  rejuvenation  of 
the  Mt.  Vernon  area,  which  project  is  set  forth  in  the 
Urban  Renewal  Plan,  as  amended,  for  the  Mt.  Vernon 
Urban  Renewal  Area  (the  "Community"),  created  by  Or- 
dinance No.  281,  enacted  by  the  City  on  June  22,  1964. 

F.  The  area  generally  bounded  by  Hunter,  Centre,  St. 
Paul  and  Monument  Streets,  including  certain  air  rights 
(the  "Project  Area"),  which  has  been  or  will  be  ac- 
quired by  the  City  pursuant  to  the  Redevelopment  Law, 
is  a  vital  element  in  the  rehabilitation  of  the  Community 
and  has  been  identified  by  the  City  as  an  ideal  location 
for  the  development  of  additional  residential  and  off- 
street  parking  facilities,  in  conjunction  with  commercial 
development.  That  development  objective  has  been  or  will 
be  specifically  incorporated  into  the  Urban  Renewal  Plan 
for  the  Community. 

G.  The  Chesapeake  Life  Insurance  Company,  a  Mary- 
land corporation,  (the  "Company")  has  proposed  to  de- 
velop a  multi-use  center  on  the  Project  Area,  consisting 
of  office  space,  residential  units,  off-street  parking,  com- 
mercial space  and  related  facilities  (the  "Chesapeake 
Center").  The  Company,  which  currently  has  its  main 
offices  adjacent  to  the  Project  Area,  further  proposes  to 
maintain  and  expand  its  support  for  the  renewal  of  Balti- 
more by  (i)  utilizing  a  substantial  portion  of  the  office 
space  of  Chesapeake  Center  as  its  corporate  headquarters, 
and  (ii)  investing  a  significant  amount  of  equity  capital 
in  the  development  of  the  Chesapeake  Center. 

H.  In  order  to  achieve  the  development  objectives 
authorized  by  the  Redevelopment  Law,  the  City  proposes 
to  finance  the  Chesapeake  Center  by  several  issues  of 
bonds  relating  to  different  elements  of  the  Chesapeake 
Center,  each  authorized  by  a  bond  ordinance  similar  to 
this  ordinance.  Although  each  issue  of  bonds  will  be 
separate,  it  is  recognized  by  the  City  that  all  of  the  bond 
issues  are  necessary  for  and  will  relate  to  the  develop- 
ment of  the  Chesapeake  Center. 

I.  The  City  has  determined  to  issue  and  sell  in  an 
amount  not  to  exceed  $10,000,000  aggregate  principal 
amount  of  its  "Residential  Development  Revenue  Bonds 


954  ORDINANCES  Ord.  No.  847 

(Chesapeake  Center  Project) "  (the  "Bonds")  and  to  use 
the  proceeds  of  the  Bonds  to  (a)  finance  the  acquisition 
and  construction  of  residential  and  related  or  ancillary 
facilities  including  any  land  necessary  therefor  in  the 
Project  Area  (the  "Facilities"),  (i)  by  direct  loan  to  the 
Company,  or  (ii)  through  construction  of  the  Facilities 
by  the  City  and  subsequent  lease  of  the  Facilities  by  the 
City  to  the  Company  or  a  housing  corporation  (the 
"Housing  Corporation")  approved  by  the  Board  of  Esti- 
mates, or  (iii)  through  construction  of  the  Facilities  by 
the  Company,  purchase  of  the  Facilities  by  the  City  and 
subsequent  lease  of  the  Facilities  by  the  City  to  the 
Company  or  the  Housing  Corporation,  or  (iv)  through 
any  combination  of  one  or  more  of  the  foregoing;  (b) 
establish  a  debt  service  reserve  fund  or  funds  to  secure 
further  the  Bonds  and  (c)  pay  the  costs  of  issuance  of 
the  Bonds,  including  the  expense  of  engraving  and  print- 
ing the  Bonds,  the  official  statement  and  other  legal  doc- 
uments related  thereto,  advertising,  legal  and  accounting 
fees  and  all  other  incidental  expenses  connected  therewith 
(the  "Costs  of  Issuance").  The  terms  and  conditions  of 
the  financing  shall  be  set  forth,  depending  on  the  form 
of  the  transaction,  in  a  lease  agreement  (the  "Lease 
Agreement"),  and/or  a  loan  agreement  (the  "Loan 
Agreement")  and/or  a  combined  purchase  and  sale  agree- 
ment with  the  Company  and  an  agreement  of  lease  to 
the  Company  or  the  Housing  Corporation  (the  "Sale- 
Lease  Agreement"),  which  document (s)  shall  be  approved 
and  executed  pursuant  to  this  ordinance.  The  public  pur- 
poses of  the  financing  are  (i)  to  achieve  the  development 
of  land  acquired  by  the  City  pursuant  to  the  Redevelop- 
ment Law,  (ii)  to  provide  for  essential  residential  hous- 
ing needed  in  Baltimore,  (iii)  to  prevent  the  deteriora- 
tion of  existing  residential  facilities  and  neighborhoods  in 
Baltimore,  and  (iv)  to  encourage  the  rejuvenation  of 
the  Community  and  Baltimore's  downtown  area,  thereby 
encouraging  economic  development  and  protecting  the 
health,  welfare  and  safety  of  the  citizens  of  the  State  of 
Maryland  and  of  Baltimore. 

Section  1.  Be  it  ordained  by  THE  Mayor  and  City  Coun- 
cil of  Baltimore,  That,  acting  pursuant  to  the  Enabling 
Laws,  it  is  hereby  found  and  determined,  as  follows: 


ORDINANCES  955 

(1)  There  is  a  shortage  of  safe,  decent  and  sanitary 
housing  for  citizens  in  the  Community  and  in  Baltimore. 
As  a  result  of  this  shortage,  there  has  been  a  movement  of 
financially  self-sufficient  taxpayers  from  Baltimore  to  sur- 
rounding subdivisions. 

(2)  The  issuance  of  revenue  bonds  by  the  City  pursuant 
to  the  Enabling  Laws  to  finance  development  of  residential 
and  related  facilities  will  achieve  the  development  objec- 
tives authorized  by  the  Redevelopment  Law,  will  foster 
both  the  creation  of  new  residential  facilities  and  the  reno- 
vation and  rehabilitation  of  existing  residential  facilities, 
and  will  encourage  investment  and  re-investment  in  such 
residential  development  activity  by  private  industry  in  both 
the  Community  and  Baltimore. 

(3)  The  accomplishment  of  the  transactions  contem- 
plated and  authorized  by  this  ordinance,  including  (without 
limitation)  the  development  of  residential  and  related  fa- 
cilities and  the  financing  thereof  will  accomplish  a  public 
purpose  and  meet  existing  public  needs  by  (i)  developing 
land  acquired  by  the  City  pursuant  to  the  Redevelopment 
Law  in  a  planned,  orderly  and  harmonious  fashion,  com- 
patible with  both  existing  and  future  development,  (ii) 
creating  additional  residential  housing  units  and  related 
facilities  in  the  Community  and  in  Baltimore,  (iii)  re- 
tarding or  reversing  the  movement  of  financially  self- 
sufficient  taxpayers  from  Baltimore  to  surrounding  sub- 
divisions, (iv)  preventing  the  further  deterioration  of  exist- 
ing residential  facilities  and  neighborhoods  within  Balti- 
more, and  (v)  furthering  the  rejuvenation  and  economic 
development  of  the  Community  and  Baltimore. 

(4)  Neither  the  Bonds  nor  interest  coupons  issued 
under  the  authority  of  the  Enabling  Laws  constitute  (i)  a 
debt  or  general  obligation  of  the  City  or  any  other  political 
subdivision,  or  (ii)  a  pledge  of  or  an  involvement  of  the 
faith  and  credit  or  the  taxing  powers  of  the  City  or  any 
other  political  subdivision,  all  within  the  meaning  of  Sec- 
tion 7  of  Article  XI  of  the  Constitution  of  Maryland  or 
any  other  constitutional,  statutory  or  charter  provision, 
and  the  Bonds  and  any  interest  coupons  attached  thereto 
shall  never  constitute  or  give  rise  to  any  pecuniary  li- 
ability   of    the    City.    The    principal    of    and    interest    on 


956  ORDINANCES  Ord.  No.  847 

the  Bonds  shall  be  payable  from,  and  secured  by  (a) 
an  assignment  of  the  revenues  realized  under  the  Lease 
Agreement  and/or  the  Loan  Agreement  and/or  the 
Sale-Lease  Agreement,  which  in  turn  derive  from  or  arise 
in  connection  with  the  property,  facilities,  developments  and 
improvements,  the  financing  of  which  is  undertaken  by 
the  issuance  of  the  Bonds,  and  (b)  any  debt  service  reserve 
fund  or  funds  established  by  the  Commissioners  of  Finance. 
The  Bonds  may  be  additionally  secured  (without  in  any 
way  specifying  or  limiting  the  terms  of  such  additional 
security)  by  (i)  one  or  more  mortgage  liens  on  or  security 
interests  in  the  property  (or  any  interest  therein  including 
a  leasehold  estate),  facilities,  developments  and  improve- 
ments, financed  by  the  proceeds  of  the  Bonds,  with  the  pay- 
ments under  the  mortgage  or  security  instrument  assigned 
to  the  trustee  for  the  holders  of  the  Bonds  (the  ''Bond- 
holders") ;  or  (ii)  insuring  the  mortgage  payments  through 
the  Maryland  Housing  Fund  or  such  other  Federal,  State 
or  municipal  fund  or  other  agency  permitted  by  applicable 
law  to  perform  insuring  functions;  or  (iii)  assigning  the 
proceeds  of  the  mortgage  insurance  to  the  trustee  for  the 
Bondholders;  or  (iv)  such  other  security  as  the  Commis- 
sioners of  Finance  may  approve;  or  (v)  any  combination 
of  (i),  (ii),  (iii)  and  (iv).  The  principal  amount  of  the 
Bonds  and  the  payments  to  be  made  pursuant  to  the  Lease 
Agreement,  and/or  the  Loan  Agreement  and/or  the  Sale- 
Lease  Agreement  will  be  paid  directly  to,  and  will  be  dis- 
bursed by,  the  independent  trustee  appointed  by  the  Com- 
missioners of  Finance  pursuant  hereto.  No  such  moneys 
will  be  either  commingled  with  the  City's  funds  or  made 
subject  to  the  absolute  control  of  the  City,  except  for  such 
limited  supervision  and  checks  as  are  deemed  necessary  or 
desirable  by  the  City  to  insure  that  the  proceeds  of  the 
Bonds  are  used  to  accomplish  the  public  purposes  of  the 
Enabling  Laws  and  this  ordinance.  The  transactions  au- 
thorized hereby  do  not  constitute  a  public  improvement  or 
a  capital  project  within  the  meaning  of  any  charter  or  stat- 
utory provision.  The  public  purposes  expressed  in  this  ordi- 
nance are  intended  to  be  achieved  by  developing  property 
acquired  by  the  City  pursuant  to  the  Redevelopment  Law, 
providing  residential  housing  units  within  the  Community 
and  Baltimore  for  taxpayers,  retarding  or  reversing  the 
movement  of  financially  self-sufficient  taxpayers  from  Bal- 


ORDINANCES  957 

timore  to  surrounding  subdivisions,  preventing  the  deteri- 
oration of  existing  residential  facilities  and  neighborhoods 
in  Baltimore  and  encouraging  the  rejuvenation  and  eco- 
nomic development  of  Baltimore. 

Sec.  2.  And  be  it  further  •ordained,  That,  in  accordance 
with  the  Enabling  Laws,  any  and  all  loans,  leases,  purchase 
and  sale  agreements  and  related  agreements  made  pursuant 
to  this  ordinance  shall  be  approved:  (i)  by  the  City  Solici- 
tor; (ii)  by  a  resolution  of  the  Board  of  Estimates,  which 
resolution  may  also  designate  the  housing  corporation  (the 
"Housing  Corporation")  approved  to  lease,  operate,  main- 
tain and  purchase  the  Facilities;  and  (iii)  by  the  Mayor  or 
acting  Mayor  of  the  City  of  Baltimore  (the  "Mayor").  The 
Housing  Corporation  may  be  any  non-profit,  limited  divi- 
dend, or  profit-motivated  entity,  including  any  public,  quasi- 
public  or  private  corporation,  partnership,  limited  partner- 
ship, association  or  other  legal  entity.  This  ordinance  is 
intended  to  be,  and  shall  constitute,  upon  the  approval  of 
the  Loan  Agreement  and/or  the  Lease  Agreement  and/or 
the  Sale-Lease  Agreement  by  the  City  Solicitor,  the  Board 
of  Estimates  and  the  Mayor,  a  binding  and  enforceable 
commitment  by  the  City  to  issue  and  deliver  the  Bonds 
authorized  hereby  in  accordance  with  the  terms  hereof. 

Sec.  3.  And  be  it  further  ordained,  That,  the  issuance, 
sale  and  delivery  of  an  amount  not  exceeding  $10,000,000 
aggregate  principal  amount  of  revenue  bonds,  hereby  desig- 
nated "Residential  Development  Revenue  Bonds  (Chesa- 
peake Center  Project) "  is  hereby  authorized,  subject  to  the 
provisions  of  this  ordinance.  The  proceeds  of  the  Bonds  are 
to  be  used  (a)  to  finance  the  acquisition  and  construction  of 
the  Facilities  and  (b)  to  pay  the  Costs  of  Issuance.  The 
Bonds  are  to  be  solely  and  exclusively  payable  from,  and 
secured  by  (a)  the  revenue  derived  from  payments  under 
the  Lease  Agreement  and/or  the  Loan  Agreement  and/or 
the  Sale-Lease  Agreement  and  (b)  any  debt  service  reserve 
fund  or  funds  established  by  the  Commissioners  of  Finance. 
The  Commissioners  of  Finance  may  require,  however,  that 
the  Bonds  be  additionally  secured  by  (i)  one  or  more  mort- 
gage liens  on  or  security  interests  in  the  property  (or  any 
interest  therein  including  a  leasehold  estate) ,  facilities,  de- 
velopments and  improvements,  the  financing  of  which  is 


958  ORDINANCES  Ord.  No.  847 

undertaken  by  the  issuance  of  the  Bonds,  with  the  payments 
under  the  mortgages  or  security  interests  assigned  to  the 
trustee  for  the  Bondholders;  or  (ii)  insuring  the  mortgage 
payments  through  the  Maryland  Housing  Fund  or  such 
Federal,  State,  or  municipal  fund  or  other  agency  permitted 
by  applicable  law  to  perform  insuring  functions;  or  (iii) 
assigning  the  proceeds  of  the  mortgage  insurance  to  the 
trustee  for  the  Bondholders;  or  (iv)  such  other  security  as 
the  Commissioners  of  Finance  may  approve;  or  (v)  any 
combination  of  (i),  (ii),  (iii)  and  (iv).  The  aggregate 
principal  amount  of  Bonds  issued,  sold  and  delivered  pur- 
suant to  this  ordinance  shall  not  exceed  $10,000,000  unless 
such  amount  shall  be  increased  by  an  ordinance  of  the  City 
supplemental  hereto. 

In  accordance  with  the  Enabling  Laws,  the  City  hereby 
authorizes  the  Commissioners  of  Finance  to  make  the  ad- 
ministrative determinations  necessary  for  the  issuance  of 
the  Bonds.  The  Enabling  Laws  provide  that  the  Commis- 
sioners of  Finance,  by  resolution,  may  prescribe  certain 
matters,  including  (without  limitation)  the  form,  terms, 
provisions,  manner  or  method  of  issuing  and  selling  (in- 
cluding negotiated  as  well  as  competitive  bid  sale)  and  the 
time  or  times  of  issuance,  and  any  and  all  other  details  of 
the  Bonds,  and  the  issuance  and  sale  thereof.  This  ordi- 
nance, accordingly,  provides  that  the  Commissioners  of 
Finance  shall  make  such  determinations  in  connection  with 
the  issuance  and  sale  of  the  Bonds,  as  provided  in  the 
Enabling  Laws,  unless  the  City  shall  otherwise  prescribe 
prior  to  the  issuance  and  delivery  of  the  Bonds. 

The  Bonds  authorized  by  this  ordinance  may  be  issued  in 
one  or  more  series,  and  each  series  shall  be  identified  by  a 
letter  designation,  so  that  the  first  series  (if  the  issuance 
of  more  than  one  series  of  Bonds  hereunder  is  then  contem- 
plated) shall  be  designated  "Residential  Development  Reve- 
nue Bonds  (Chesapeake  Center  Project),  1978  Series  A". 
The  aggregate  principal  amount  of  Bonds  to  be  issued  pur- 
suant to  this  ordinance  at  any  one  time  shall  be  determined 
by  the  Commissioners  of  Finance  by  resolution  adopted 
prior  to  the  delivery  of  the  Bonds. 

The  Bonds  of  a  series  of  Bonds  shall  be  dated  as  of  the 
first  day  of  the  month  next  following  the  date  on  which  the 


ORDINANCES  959 

series  of  Bonds  is  sold  unless  the  Commissioners  of  Finance 
shall  specify  a  different  date  in  its  resolution  hereinafter 
described,  and  the  Bonds  shall  bear  interest  at  an  annual 
rate  or  rates  payable  semi-annually  following  the  date  of 
the  series  of  Bonds  so  that,  if  the  Bonds  of  a  series  are 
dated  January  1,  1979,  interest  on  that  series  of  Bonds  will 
be  payable  on  July  1,  1979,  January  1,  1980,  and  semi- 
annually thereafter. 

The  Bonds  of  each  series  of  Bonds  issued  hereunder  shall 
mature  on  the  date  or  dates  provided  in  the  resolution  of 
the  Commissioners  of  Finance  hereinafter  described,  but 
the  last  maturity  of  any  series  of  Bonds  shall  in  no  event 
exceed  a  period  of  forty  (40)  years  from  the  date  of  that 
particular  series  of  Bonds.  If  the  resolution  of  the  Com- 
missioners of  Finance  hereinafter  described  does  not  pro- 
vide any  maturity  or  maturities  for  a  series  of  Bonds,  all 
of  the  Bonds  of  the  series  shall  mature  on  the  date  thirty 
(30)  years  from  the  date  of  that  particular  series  of  Bonds. 
If  the  Bonds  of  a  series  are  dated  January  1,  1979,  all  the 
Bonds  of  that  series  will  mature  (in  the  absence  of  a  resolu- 
tion of  the  Commissioners  of  Finance  determining  other- 
wise) on  January  1,  2009. 

The  terms  of  this  ordinance  shall  not  be  interpreted  so  as 
to  preclude  or  prevent  the  issuance  of  refunding  bonds  to 
refund  all  or  a  portion  of  the  Bonds.  The  adoption  of  a 
subsequent  ordinance  or  ordinances  authorizing  such  a  re- 
funding of  the  Bonds  is  expressly  contemplated  by  this 
ordinance. 

Sec.  4.  And  be  it  further  ordained,  That,  prior  to  the 
delivery  of  any  series  of  Bonds,  the  Commissioners  of  Fi- 
nance shall  adopt  a  resolution  or  resolutions  which  shall 
prescribe  (i)  the  principal  amount  of  Bonds  to  be  issued  as 
a  series  at  any  one  time,  (ii)  redemption  provisions  for  the 
series  of  Bonds,  and  (iii)  the  sinking  fund  requirements, 
if  any,  for  the  series  of  Bonds. 

Prior  to  the  delivery  of  any  series  of  Bonds,  the  Com- 
missioners of  Finance  may  also  adopt  a  resolution  or  reso- 
lutions which  may  prescribe  (i)  the  date  of  issue  of  the 
series  of  Bonds,  (ii)  the  maturity  or  maturities  of  the 
series  of  Bonds,    (iii)    any  additional  terms  necessary  or 


960  ORDINANCES  Ord.  No.  847 

appropriate  to  reflect  any  matters  provided  by  that  resolu- 
tion and  (iv)  other  matters  deemed  appropriate  by  the 
Commissioners  of  Finance. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
section  of  this  ordinance  shall  be  deemed  to  be  of  an  ad- 
ministrative nature  and  shall  be  effective  upon  approval 
of:  (i)  the  Board  of  Estimates,  (ii)  the  City  Solicitor  and 
(iii)  the  Mayor. 

Sec.  5.  And  be  it  further  ordained,  That,  it  is  hereby 
found  and  determined  that  the  best  interests  of  the  City 
will  be  served  by  authorizing  the  Commissioners  of  Finance 
to  determine  the  method  of  sale  of  the  Bonds,  (including 
negotiated  private  sale  or  competitive  bid  sale),  as  author- 
ized by  the  Enabling  Laws,  and  upon  the  terms  and  condi- 
tions determined  by  the  Commissioners  of  Finance  as 
hereinafter  authorized. 

Authority  is  hereby  conferred  on  the  Commissioners  of 
Finance,  unless  the  City  shall  otherwise  prescribe  prior  to 
the  issuance  and  delivery  of  the  Bonds,  to  take  the  follow- 
ing actions  and  to  make  the  following  commitments  on 
behalf  of  the  City: 

(a)  to  deliver  the  Lease  Agreement  and/or  the  Loan 
Agreement  and/or  the  Sale-Lease  Agreement  by  and  be- 
tween the  City  and  the  Company  (or  the  Housing  Corpora- 
tion) in  the  form  determined  by  resolution  of  the  Commis- 
sioners of  Finance  and  approved  by  the  Board  of  Esti- 
mates and  the  City  Solicitor,  such  Lease  Agreement 
and/or  Loan  Agreement  and/or  Sale-Lease  Agreement 
to  be  executed  by  the  Mayor  and  attested  by  the  Treas- 
urer or  the  Deputy  Treasurer  of  the  City  of  Baltimore 
(the  "Treasurer") ; 

(b)  to  prepare  and  distribute,  in  conjunction  with  repre- 
sentatives of  the  Company  and  the  prospective  purchasers 
of  or  underwriters  for  the  Bonds,  both  a  preliminary  and  a 
final  official  statement  (which  final  official  statement  shall 
be  executed  by  the  Mayor  and  attested  by  the  Treasurer) 
in  connection  with  the  sale  of  the  Bonds ;  provided,  however, 
that  any  preliminary  official  statement  shall  be  clearly 
marked  to  indicate  that  it  is  subject  to  completion  and 
amendment ; 


ORDINANCES  961 

(c)  to  determine  the  date,  time  and  place  when  a  bond 
purchase  or  underwriting  agreement  shall  be  submitted  by 
the  purchasers  of  or  underwriters  for  the  Bonds,  such  bond 
purchase  or  underwriting  agreement  to  specify  the  interest 
rate  or  rates  proposed  to  be  paid  on  the  Bonds,  the  price  at 
which  the  bonds  are  to  be  sold  to  the  purchasers  or  under- 
writers, and  such  other  matters  as  the  purchasers  or  un- 
derwriters and  the  City  officials  may  deem  necessary  or 
desirable  in  order  to  effect  the  sale  and  delivery  of  the 
Bonds ; 

(d)  to  determine  the  interest  rate  or  rates  to  be  paid  by 
the  City  on  the  Bonds  in  accordance  with  the  proposed  bond 
purchase  or  underwriting  agreement  submitted  by  the  pur- 
chasers or  underwriters  for  the  Bonds,  but  only  after  the 
Company  shall  have  given  the  City  written  approval  of 
such  rate  or  rates ; 

(e)  to  deliver,  as  a  binding  and  enforceable  obligation 
of  the  City,  the  bond  purchase  or  underwriting  agreement 
for  the  Bonds  by  and  between  the  City  and  the  purchasers 
or  underwriters  for  the  Bonds,  such  bond  purchase  or  un- 
derwriting agreement  to  be  executed  by  the  Mayor  and 
attested  by  the  Treasurer,  and  to  proceed  to  accomplish  any 
and  all  actions  necessary  or  deemed  appropriate  by  either 
the  City,  the  purchasers  or  the  underwriters  to  issue  and 
deliver  the  Bonds  to  the  purchasers  or  underwriters  in  ac- 
cordance with  the  provisions  of  this  ordinance  and  the  bond 
purchase  or  underwriting  agreement ; 

(f)  to  appoint  a  bank  having  trust  powers,  or  a  trust 
company,  as  trustee  for  the  Bondholders ; 

(g)  in  order  to  insure  that  the  Bonds  are  issued  with- 
out direct  cost  to  the  City,  to  provide  for  the  payment, 
either  directly  by  the  Company  or  out  of  the  proceeds  of 
the  Bonds,  of  all  costs,  fees  and  expenses  incurred  by  or  on 
behalf  of  the  City  in  connection  with  the  issuance  of  the 
Bonds,  such  payments  to  include  (without  limitation)  costs 
of  printing  and  issuing  the  Bonds,  legal  expenses,  and  com- 
pensation to  any  persons  (other  than  full-time  employees 
of  the  City)  performing  services  by  or  on  behalf  of  the 
City  in  connection  with  the  transactions  contemplated  by 
this  ordinance; 


962  ORDINANCES  Ord.  No.  847 

(h)  to  deliver  to  the  trustee,  as  a  binding  and  enforce- 
able obligation  of  the  City,  the  trust  agreement  between 
the  City  and  the  trustee,  executed  by  the  Mayor  and  at- 
tested by  the  Treasurer,  which  trust  agreement  may  be  a 
resolution  of  the  Commissioners  of  Finance;  and 

(i)  to  do  any  and  all  things  necessary,  proper  or  expedi- 
ent in  connection  with  the  issuance  and  sale  of  the  Bonds. 

Sec.  6.  And  be  it  further  ordained,  That,  prior  to  the 
sale  of  any  series  of  Bonds,  the  Commissioners  of  Finance, 
unless  the  City  shall  otherwise  prescribe  prior  to  the 
issuance  and  delivery  of  the  Bonds,  may  determine  by 
resolution : 

(1)  the  provisions  of  the  trust  agreement  between  the 
City  and  the  trustee ; 

(2)  the  manner  of  execution,  authentication,  registra- 
tion and  transfer  of  the  Bonds ; 

(3)  provisions  for  authentication  and  delivery  of  the 
Bonds ; 

(4)  the  provisions  of  the  Lease  Agreement  and/or  Loan 
Agreement  and/or  Sale-Lease  Agreement  between  the  City 
and  the  Company  or  the  Housing  Corporation; 

(5)  the  terms  of  the  mortgage,  security  instrument  or 
other  evidence,  if  any,  of  the  obligation  of  the  Company  or 
successors  in  interest,  provided  for  each  series  of  Bonds; 

(6)  provisions  for  creation,  holding  and  disbursement  of 
a  construction  fund  to  be  held  by  the  trustee; 

(7)  provisions  for  creation,  holding  and  disbursement 
of  any  other  funds  and  accounts  to  be  held  by  the  trustee, 
including  a  reserve  fund  further  to  secure  the  Bonds ; 

(8)  provisions  for  the  application  of  receipts  and  reve- 
nues from  the  Company  or  the  Housing  Corporation; 

(9)  provisions  for  the  security  for  and  investment  of 
moneys  held  by  the  trustee ; 

(10)  the  details  of  the  procedure  for  the  redemption  of 
the  Bonds; 

(11)  remedies  for  Bondholders  in  the  event  of  default; 


ORDINANCES  963 

(12)  the  duties,  rights  and  immunities  of  the  trustee; 

(13)  the  manner  of  execution  of  instruments  by  Bond- 
holders and  the  method  of  proof  of  ownership  of  the  Bonds; 

(14)  provisions  for  modification  of  this  ordinance  and 
the  Lease  Agreement  and/or  Loan  Agreement  and/or  Sale- 
Lease  Agreement; 

(15)  provisions  for  defeasance  of  the  Bonds; 

(16)  the  forms  of  the  Bonds,  coupons  and  the  trustee's 
authentication  certificate;  and 

(17)  such  other  matters  in  connection  with  the  author- 
ization, issuance,  security,  sale  and  payment  of  and  for  the 
Bonds  as  may  be  deemed  appropriate  by  the  Commissioners 
of  Finance. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
ordinance  shall  be  deemed  to  be  of  an  administrative  nature 
and  shall  be  effective  upon  approval  by:  (i)  the  Board  of 
Estimates,  (ii)  the  City  Solicitor  and  (iii)  the  Mayor. 

Sec.  7.  And  be  it  further  ordained,  That,  if  any  action 
on  any  matter  delegated  to  the  Commissioners  of  Finance, 
shall  not  be  acted  upon  by  the  Commissioners  of  Finance, 
such  action  or  matter  may  be  acted  upon  or  implemented 
by  a  resolution,  approved  by  the  City  Council  of  the  City, 
which  is  subsequently  approved  by  the  Mayor. 


Sec.  8.  And  be  it  further  ordained,  That,  the  provisions 
of  this  ordinance  are  severable,  and  if  any  provision,  sen- 
tence, clause,  section  or  part  thereof  is  held  illegal,  invalid 
or  unconstitutional  or  inapplicable  to  any  person  or  circum- 
stances, such  illegality,  invalidity  or  unconstitutionality,  or 
inapplicability  shall  not  affect  or  impair  any  of  the  remain- 
ing provisions,  sentences,  clauses,  sections,  or  parts  of  this 
ordinance  or  its  application  to  other  persons  or  circum- 
stances. It  is  hereby  declared  to  be  the  legislative  intent  that 
this  ordinance  would  have  been  adopted  if  such  illegal,  in- 
valid or  unconstitutional  provision,  sentence,  clause,  section 
or  part  had  not  been  included  therein,  and  if  the  person  or 
circumstances  to  which  this  ordinance  or  any  part  thereof  is 
inapplicable  had  been  specifically  exempted  therefrom. 


964  ORDINANCES  Ord.  No.  848 

Sec.  9.  And  be  it  further  ordained,  That,  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  848 
(Council  No.  1575) 

An  Ordinance  authorizing  and  providing  for  the  issuance, 
from  time  to  time,  by  Mayor  and  City  Council  of  Balti- 
more (the  "City")  of  its  revenue  bonds,  designated  "Off- 
Street  Parking  Development  Revenue  Bonds  (Chesa- 
peake Center  Project) "  in  an  aggregate  principal  amount 
not  exceeding  $7,000,000  pursuant  to  the  provisions  of 
Subsection  (50)  of  Article  II  of  the  Charter  of  Baltimore 
City  (1964  Revision,  as  amended),  in  order  to  use  the 
proceeds  for  the  sole  and  exclusive  purpose  of  (a)  fi- 
nancing (i)  the  acquisition  of  certain  real  property  in 
the  City  of  Baltimore,  and  (ii)  the  acquisition  or  con- 
struction of  buildings  and  structures  for  off-street  park- 
ing and  related  uses  thereon  to  be  leased  to  or  owned  by 
The  Chesapeake  Life  Insurance  Company,  as  provided  in 
this  ordinance;  (b)  establishing  a  debt  service  reserve 
fund  or  funds  to  secure  such  bonds,  and  (c)  paying  the 
costs  of  issuance  of  such  bonds;  making  certain  legisla- 
tive findings,  among  others,  concerning  the  public  bene- 
fit and  purpose  of  the  revenue  bonds;  providing  that  such 
revenue  bonds  (a)  shall  be  payable  solely  and  only  from: 
(i)  revenue  derived  from  payments  by  The  Chesapeake 
Life  Insurance  Company  to  the  City  pursuant  to  the 
"Lease  Agreement"  and/or,  the  "Loan  Agreement",  and/ 
or  the  "Sale-Lease  Agreement",  as  defined  in  this  Agree- 
ment^ ORDINANCE,  or  such  other  security  instrument  as 
may  be  provided,  and  (ii)  certain  proceeds  of  such  reve- 
nue bonds,  and  (b)  shall  not  ever  constitute,  within  the 
meaning  of  Section  7  of  Article  XI  of  the  Constitution  of 
Maryland  or  any  other  constitutional,  statutory  or  char- 
ter provision  or  otherwise  (i)  a  debt  or  general  obligation 


ORDINANCES  965 

of  the  City  or  any  other  political  subdivision  or  (ii)  a 
pledge  of  or  an  involvement  of  the  faith  and  credit  or  the 
taxing  powers  of  the  City  or  any  other  political  subdivi- 
sion ;  providing  that  this  ordinance  shall  constitute,  upon 
requisite  approval,  a  binding  and  enforceable  commitment 
by  the  City  to  The  Chesapeake  Life  Insurance  Company  to 
issue  the  revenue  bonds  so  anticipated ;  authorizing  both 
the  private  (negotiated)  sale  or  the  competitive  bid  sale  of 
such  revenue  bonds;  providing  that  certain  matters  per- 
taining to  such  revenue  bonds,  including  (without  limita- 
tion) the  method  of  sale,  the  sale  of  any  series,  the 
amounts  and  dates  of  any  series,  maturity  or  maturities, 
interest  rate  or  rates,  sinking  fund  requirements,  re- 
demption provisions  and  the  appointment  of  a  trustee  to 
act  under  this  ordinance,  shall  be  determined  adminis- 
tratively at  or  prior  to  the  time  of  the  sale  (either  by 
negotiated  or  competitive  bid  sale)  of  any  series  of  such 
revenue  bonds  by  resolution  of  the  Commissioners  of 
Finance  of  the  City,  unless  the  City  shall  otherwise  pre- 
scribe; providing  that  the  Commissioners  of  Finance  may 
determine  by  resolution  or  by  other  appropriate  action 
all  other  matters  pertaining  to  the  issuance,  sale  or 
delivery  of  any  series  of  such  revenue  bonds,  including 
(without  limitation)  the  provisions  of  trust  between  the 
City  and  the  trustee,  the  creation  of  a  construction  fund 
to  be  held  by  the  trustee  and  provision  for  its  disburse- 
ment, provision  for  the  investment  of  moneys  held  by  the 
trustee,  provision  of  remedies  for  bondholders  in  the 
event  of  default  and  provision  for  the  enactment  of 
supplemental  ordinances  and  resolutions;  providing  that 
all  or  a  portion  of  such  revenue  bonds  may  be  refunded; 
and  generally  providing  for  and  determining  various 
matters  in  connection  with  the  authorization,  issuance, 
security,  sale  and  payment  of  such  revenue  bonds. 

RECITALS 

A.  Subsection  (50) — Revenue  Bonds  and  Obligations, 
of  Article  II  of  the  Charter  of  Baltimore  City  (1964  Re- 
vision, as  amended)  (the  "Enabling  Law")  authorizes 
Mayor  and  City  Council  of  Baltimore  (the  "City")  to 
borrow  money  through  the  issuance  and  sale  of  its  reve- 
nue bonds  for  the  accomplishment  of  any  of  the  purposes, 


966  ORDINANCES  Ord.  No.  848 

objects  and  powers  of  the  City.  Revenue  bonds  issued 
pursuant  to  the  Enabling  Law  shall  be  payable,  as  to  both 
principal  and  interest,  solely  from  and  secured  solely  by 
(i)  the  revenues  from  or  arising  in  connection  with  the 
property,  facilities,  developments  and  improvements 
whose  financing  is  undertaken  by  issuance  of  the  bonds, 
(ii)  the  revenues  from  or  arising  in  connection  with  any 
contracts,  mortgages  or  other  securities  purchased  or 
otherwise  acquired  with  the  proceeds  of  the  bonds,  (iii) 
the  contracts,  mortgages  or  other  securities  purchased  or 
otherwise  acquired  with  the  proceeds  of  the  bonds,  or 
(iv)  any  combination  of  (i),  (ii)  or  (iii).  (The  matters 
recited  in  (i),  (ii),  (iii)  and  (iv)  are  occasionally  re- 
ferred to  as  the  "Security".) 

The  Enabling  Law  authorizes  the  City  to  authorize  and 
empower  the  Commissioners  of  Finance  of  the  City  (the 
"Commissioners  of  Finance")  by  resolution:  (i)  to  de- 
termine and  set  forth  certain  matters  pertaining  to  the 
bonds,  including  but  not  limited  to,  the  form,  terms,  pro- 
visions, manner  or  method  of  issuing  and  selling  (in- 
cluding negotiated  as  well  as  competitive  bid  sale),  and 
the  time  or  times  of  issuance,  and  any  and  all  other  de- 
tails of  any  such  bonds,  and  the  issuance  and  sale  there- 
of; and  (ii)  to  do  any  and  all  things  necessaiy,  proper 
or  expedient  in  connection  with  the  issuance  and  sale  of 
such  bonds  authorized  to  be  issued  under  the  Enabling 
Law. 

Any  bonds  issued  pursuant  to  the  Enabling  Law  may 
be  secured  by  a  trust  agreement  between  the  City  and  a 
corporate  trustee,  which  may  be  any  trust  company,  or 
bank  having  trust  powers,  within  or  without  the  State  of 
Maryland.  The  Enabling  Law  authorizes  the  City  to  au- 
thorize the  Commissioners  of  Finance  to  approve  the 
form  of  the  trust  agreement. 

The  trust  agreement  may:  (i)  pledge  or  assign  all  or 
any  part  of  the  Security;  (ii)  contain  whatever  pro- 
visions for  the  protection  and  enforcement  of  the  rights 
and  remedies  of  bondholders  are  deemed  reasonable  and 
proper;  (iii)  set  forth  the  rights  and  remedies  of  the 
bondholders  and  of  the  trustee  and  may  restrict  the  in- 
dividual right  of  action  by  bondholders;  and  (iv)  contain 


ORDINANCES  967 

whatever  other  provisions  are  deemed  reasonable  and 
proper  for  the  security  of  the  bondholders. 

B.  Subsection  (15) — Land  Development  and  Rede- 
velopment, of  Article  II  of  the  Charter  of  Baltimore  City 
(1964  Revision,  as  amended)  (the  "General  Redevelop- 
ment Law")  authorizes  the  City:  (i)  to  acquire  land  and 
property  in  the  City  of  Baltimore,  Maryland  ("Balti- 
more") for  development  or  redevelopment,  including  but 
not  limited  to  the  comprehensive  renovation  or  rehabilita- 
tion thereof;  (ii)  to  develop  and  redevelop,  including  but 
not  limited  to  the  comprehensive  renovation  or  rehabilita- 
tion of,  any  and  all  land  or  property  acquired  pursuant  to 
the  General  Redevelopment  Law;  (iii)  to  sell,  lease, 
convey,  transfer  or  otherwise  dispose  of  any  of  said  land 
or  property,  regardless  of  whether  or  not  it  has  been 
developed,  redeveloped,  altered  or  improved  and  irrespec- 
tive of  the  manner  or  means  in  or  by  which  it  may  have 
been  acquired,  to  any  private,  public  or  quasi  public  cor- 
poration, partnership,  association,  person  or  other  legal 
entity,  for  development  or  redevelopment,  including  but 
not  limited  to,  the  comprehensive  renovation  or  rehabili- 
tation thereof;  and  (iv)  to  preserve  for  the  City  or  any 
departments  or  agencies  thereof,  any  of  said  land  or 
property,  or  any  rights  or  interests  therein,  for  public 
use,  irrespective  of  the  manner  or  means  in  or  by  which 
it  may  have  been  acquired. 

C.  Article  XI-C— Off-Street  Parking,  of  the  Mary- 
land Constitution  ("Article  XI-C")  authorizes  the  Gen- 
eral Assembly  of  Maryland,  by  public  local  law,  to  au- 
thorize the  City:  (i)  to  acquire  land  and  property  of  any 
ia»4  KIND  in  Baltimore  by  purchase,  lease,  gift,  condem- 
nation or  any  legal  means,  for  storing,  parking  and  servic- 
ing self-propelled  vehicles;  and  (ii)  to  sell,  lease,  convey, 
transfer  or  otherwise  dispose  of  any  of  said  land  or  prop- 
erty, regardless  of  whether  or  not  it  has  been  developed, 
redeveloped,  altered,  or  improved  and  irrespective  of  the 
manner  or  means  in  or  by  which  it  may  have  been 
acquired,  to  any  private,  public  or  quasi  public  corpora- 
tion, partnership,  association,  person  or  other  legal 
entity.  All  land  or  property  needed,  or  taken  by  the  exer- 
cise of  the  power  of  eminent  domain,  by  the  City  for  any 
of  the  aforesaid   purposes   or   in  connection   with   the 


968  ORDINANCES  Ord.  No.  848 

powers  which  may  be  granted  to  the  City  pursuant  to 
Article  XI-C,  is  declared  by  Article  XI-C  to  be  needed  or 
taken  for  a  public  use. 

D.  Subsection  (20) — Parking  of  Vehicles,  of  Article 
II  of  the  Charter  of  Baltimore  City  (1964  Revision,  as 
amended)  ("Subsection  20")  authorizes  the  City:  (i)  to 
acquire  land  and  property  of  any  kind  in  Baltimore  by 
purchase,  lease,  condemnation  or  any  legal  means,  and 
to  regulate  buildings,  structures  and  other  facilities 
thereon,  thereunder  or  therein,  or  on,  under  or  in  any 
land  or  property  owned  or  controlled  by  the  City,  for 
storing,  parking  and  servicing  self-propelled  vehicles,  and 
to  establish  and  collect  fees  or  charges  for  the  use  thereof; 
and  (ii)  to  sell,  lease,  convey,  transfer  or  otherwise 
dispose  of  any  of  said  land  or  property  regardless  of 
whether  or  not  it  has  been  developed,  redeveloped,  altered 
or  improved,  and  irrespective  of  the  manner  or  means  in 
or  by  which  it  may  have  been  acquired,  to  any  private, 
public  or  quasi  public  corporation,  partnership,  associa- 
tion, person  or  other  legal  entity.  Article  XI-C,  Subsec- 
tion 20  and  the  General  Redevelopment  Law  are  referred 
to  herein  collectively  as  the  "Redevelopment  Laws". 

E.  As  part  of  the  overall  plan  and  strategy  for  the 
development  and  redevelopment  of  Baltimore,  the  City 
has  sought  to  encourage  residential,  commercial  and  re- 
lated opportunities  in  downtown  Baltimore  in  order  to 
hold  and  attract  taxpayers.  That  objective  can  best  be 
accomplished  by  encouraging  private  industry  to  invest 
and  reinvest  in  the  downtown  area.  One  of  the  specific 
projects  of  that  plan  and  strategy  is  the  rejuvenation  of 
the  Mt.  Vernon  area,  which  project  is  set  forth  in  the 
Urban  Renewal  Plan,  as  amended,  for  the  Mt.  Vernon 
Urban  Renewal  Area  (the  "Community"),  created  by 
Ordinance  No.  281,  enacted  by  the  City  on  June  22,  1964. 

F.  The  area  generally  bounded  by  Hunter,  Centre,  St. 
Paul  and  Monument  Streets,  including  certain  air  rights 
(the  "Project  Area"),  which  has  been  or  will  be  acquired 
by  the  City  pursuant  to  the  Redevelopment  Laws,  is  a 
vital  element  in  the  rehabilitation  of  the  Community  and 
has  been  identified  by  the  City  as  an  ideal  location  for 
the  development  of  additional  residential  and  off-street 


ORDINANCES  969 

parking  facilities,  in  conjunction  with  commercial  devel- 
opment. That  development  objective  has  been  or  will  be 
specifically  incorporated  into  the  Urban  Renewal  Plan 
for  the  Community. 

G.  The  Chesapeake  Life  Insurance  Company,  a  Mary- 
land corporation,  (the  "Company")  has  proposed  to  de- 
velop a  multi-use  center  on  the  Project  Area,  consisting 
of  office  space,  residential  units,  off-street  parking,  com- 
mercial space  and  related  facilities  (the  "Chesapeake 
Center").  The  Company,  which  currently  has  its  main 
offices  adjacent  to  the  Project  Area,  further  proposes  to 
maintain  and  expand  its  support  for  the  renewal  of  Bal- 
timore by  (i)  utilizing  a  substantial  portion  of  the  office 
space  of  Chesapeake  Center  as  its  corporate  headquarters, 
and  (ii)  investing  a  significant  amount  of  equity  capital 
in  the  development  of  the  Chesapeake  Center. 

H.  In  order  to  achieve  the  development  objectives 
authorized  by  the  Redevelopment  Laws,  the  City  proposes 
to  finance  the  Chesapeake  Center  by  several  issues  of 
bonds  relating  to  different  elements  of  the  Chesapeake 
Center,  each  authorized  by  a  bond  ordinance  similar  to 
this  ordinance.  Although  each  issue  of  bonds  will  be 
separate,  it  is  recognized  by  the  City  that  all  of  the 
bond  issues  are  necessary  for  and  will  relate  to  the  de- 
velopment of  the  Chesapeake  Center. 

I.  The  City  has  determined  to  issue  and  sell  in  an 
amount  not  to  exceed  $7,000,000  aggregate  principal 
amount  of  its  "Off-Street  Parking  Development  Revenue 
Bonds  (Chesapeake  Center  Project)"  (the  "Bonds")  and 
to  use  the  proceeds  of  the  Bonds  to  (a)  finance  the  acqui- 
sition and  construction  of  off-street  parking  and  related 
or  ancillary  facilities  including  any  land  necessary  there- 
for in  the  Project  Area  (the  "Facilities"),  (i)  by  direct 
loan  to  the  Company,  or  (ii)  through  construction  of  the 
Facilities  by  the  City  and  subsequent  lease  of  the  Fa- 
cilities by  the  City  to  the  Company,  or  (iii)  through  con- 
struction of  the  Facilities  by  the  Company,  purchase  of 
the  Facilities  by  the  City  and  subsequent  lease  of  the 
Facilities  by  the  City  to  the  Company,  or  (iv)  through 
any  combination  of  one  or  more  of  the  foregoing;  (b) 
establish  a  debt  service  reserve  fund  or  funds  to  secure 


970  ORDINANCES  Ord.  No.  848 

further  the  Bonds  and  (c)  pay  the  costs  of  issuance  of 
the  Bonds,  including  the  expense  of  engraving  and  print- 
ing the  Bonds,  the  official  statement  and  other  legal  docu- 
ments related  thereto,  advertising,  legal  and  accounting 
fees  and  all  other  incidental  expenses  connected  therewith 
(the  "Costs  of  Issuance").  The  terms  and  conditions  of 
the  financing  shall  be  set  forth,  depending  on  the  form 
of  the  transaction,  in  a  lease  agreement  (the  "Lease 
Agreement"),  and/or  a  loan  agreement  (the  "Loan 
Agreement")  and/or  a  combined  purchase  and  sale  agree- 
ment with  the  Company  and  an  agreement  of  lease  to  the 
Company  (the  "Sale-Lease  Agreement"),  which  docu- 
ment (s)  shall  be  approved  and  executed  pursuant  to  this 
ordinance.  The  public  purposes  of  the  financing  are  (i) 
to  achieve  the  development  of  land  acquired  by  the  City 
pursuant  to  the  Redevelopment  Laws,  (ii)  to  provide 
essential  off-street  parking  facilities  in  the  Community 
and  in  Baltimore,  (iii)  to  prevent  the  deterioration  of 
existing  facilities  and  neighborhoods  in  Baltimore,  and 
(iv)  to  encourage  the  rejuvenation  of  the  Community* 
and  Baltimore's  downtown  area,  thereby  encouraging 
economic  development  and  protecting  the  health,  welfare 
and  safety  of  the  citizens  of  the  State  of  Maryland  and 
of  Baltimore. 

Section  1.  Be  it  ordained  by  THE  Mayor  and  City  Coun- 
cil of  Baltimore,  That,  acting  pursuant  to  the  Enabling  Law, 
it  is  hereby  found  and  determined,  as  follows: 

(1)  There  is  a  need  for  additional  off-street  parking,  in 
conjunction  with  new  residential  and  employment  oppor- 
tunities, for  residents,  employees,  commercial  tenants  and 
others  in  the  Community  and  in  Baltimore.  As  a  result  of 
this  need  not  being  met,  there  has  been  a  movement  of 
financially  self-sufficient  taxpayers  from  the  Community 
and  from  Baltimore  to  surrounding  subdivisions. 

(2)  The  issuance  of  revenue  bonds  by  the  City  pursuant 
to  the  Enabling  Law  to  finance  development  of  off-street 
parking  and  related  facilities  will  achieve  the  development 
objectives  authorized  by  the  Redevelopment  Laws,  will 
foster  both  the  creation  of  new  residential,  commercial  and 
related  facilities  and  the  renovation  and  rehabilitation  of 


ORDINANCES  971 

existing"  facilities,  and  will  encourage  investment  and  re- 
investment in  such  development  activity  by  private  industry 
in  both  the  Community  and  Baltimore. 

(3)  The  accomplishment  of  the  transactions  contem- 
plated and  authorized  by  this  ordinance,  including"  (without 
limitation)  the  development  of  off-street  parking  and  re- 
lated facilities  and  the  financing  thereof  will  accomplish  a 
public  purpose  and  meet  existing  public  needs  by  (i)  devel- 
oping land  acquired  by  the  City  pursuant  to  the  Redevelop- 
ment Laws  in  a  planned,  orderly  and  harmonious  fashion, 
compatible  with  both  existing  and  future  development,  (ii) 
creating  additional  off-street  parking  and  related  facilities 
in  the  Community  and  in  Baltimore,  (iii)  retarding  or  re- 
versing the  movement  of  financially  self -sufficient  taxpayers 
from  Baltimore  to  surrounding  subdivisions,  (iv)  preventing 
the  further  deterioration  of  existing  residential  and  com- 
mercial facilities  and  neighborhoods  within  Baltimore,  and 
(v)  furthering  the  rejuvenation  and  economic  development 
of  the  Community  and  Baltimore. 

(4)  Neither  the  Bonds  nor  interest  coupons  issued  un- 
der the  authority  of  the  Enabling  Law  constitute  (i)  a 
debt  or  general  obligation  of  the  City  or  any  other  political 
subdivision,  or  (ii)  a  pledge  of  or  an  involvement  of  the 
faith  and  credit  or  the  taxing  powers  of  the  City  or  any 
other  political  subdivision,  all  within  the  meaning  of  Section 
7  of  Article  XI  of  the  Constitution  of  Maryland  or  any  other 
constitutional,  statutory  or  charter  provision,  and  the  Bonds 
and  any  interest  coupons  attached  thereto  shall  never  con- 
stitute or  give  rise  to  any  pecuniary  liability  of  the  City. 
The  principal  of  and  interest  on  the  Bonds  shall  be  payable 
from,  and  secured  by  (a)  an  assignment  of  the  revenues 
realized  under  the  Lease  Agreement  and/or  the  Loan  Agree- 
ment and/or  the  Sale-Lease  Agreement,  which  in  turn  de- 
rive from  or  arise  in  connection  with  the  property,  facili- 
ties, developments  and  improvements,  the  financing  of 
which  is  undertaken  by  the  issuance  of  the  Bonds,  and  (b) 
any  debt  service  reserve  fund  or  funds  established  by  the 
Commissioners  of  Finance.  The  Bonds  may  be  additionally 
secured  (without  in  any  way  specifying  or  limiting  the 
terms  of  such  additional  security)  by  (i)  one  or  more  mort- 
gage liens  on  or  security  interests  in  the  property  (or  any 
interest  therein  including  a  leasehold  estate),  facilities,  de- 


972  ORDINANCES  Ord.  No.  848 

velopments  and  improvements,  financed  by  the  proceeds  of 
the  Bonds,  with  the  payments  under  the  mortgage  or 
security  instrument  assigned  to  the  trustee  for  the  holders 
of  the  Bonds  (the  "Bondholders") ;  or  (ii)  insuring  the 
mortgage  payments  through  such  Federal,  State  or  mu- 
nicipal fund  or  other  agency  permitted  by  applicable  law 
to  perform  insuring  functions;  or  (iii)  assigning  the  pro- 
ceeds of  the  mortgage  insurance  to  the  trustee  for  the 
Bondholders;  or  (iv)  such  other  security  as  the  Commis- 
sioners of  Finance  may  approve;  or  (v)  any  combination 
of  (i),  (ii),  (iii)  and  (iv).  The  principal  amount  of  the 
Bonds  and  the  payments  to  be  made  pursuant  to  the  Lease 
Agreement,  and/or  the  Loan  Agreement  and/or  the  Sale- 
Lease  Agreement  will  be  paid  directly  to,  and  will  be  dis- 
bursed by,  the  independent  trustee  appointed  by  the  Com- 
missioners of  Finance  pursuant  hereto.  No  such  moneys 
will  be  either  commingled  with  the  City's  funds  or  made 
subject  to  the  absolute  control  of  the  City,  except  for  such 
limited  supervision  and  checks  as  are  deemed  necessaiy  or 
desirable  by  the  City  to  insure  that  the  proceeds  of  the 
Bonds  are  used  to  accomplish  the  public  purposes  of  the 
Enabling  Law  and  this  ordinance.  The  transactions  author- 
ized hereby  do  not  constitute  a  public  improvement  or  a 
capital  project  within  the  meaning  of  any  charter  or  statu- 
tory provision.  The  public  purposes  expressed  in  this  ordi- 
nance are  intended  to  be  achieved  by  developing  property 
acquired  by  the  City  pursuant  to  the  Redevelopment  Laws, 
providing  off-street  parking  and  related  facilities  within  the 
Community  and  Baltimore  for  taxpayers,  retarding  or  re- 
versing the  movement  of  financially  self-sufficient  taxpayers 
from  Baltimore  to  surrounding  subdivisions,  preventing  the 
deterioration  of  existing  residential  and  commercial  facili- 
ties and  neighborhoods  in  Baltimore  and  encouraging  the 
rejuvenation  and  economic  development  of  Baltimore. 

Sec.  2.  And  be  it  further  ordained,  That,  in  accordance 
with  the  Enabling  Law,  any  and  all  loans,  leases,  purchase 
and  sale  agreements  and  related  agreements  made  pursuant 
to  this  ordinance  shall  be  approved:  (i)  by  the  City  Solici- 
tor of  the  City  (the  "City  Solicitor")  ;  (ii)  by  a  resolution 
of  the  Board  of  Estimates  of  the  City  (the  "Board  of  Esti- 
mates") ;  and  (iii)  by  the  Mayor  or  acting  Mayor  of  the 
City  of  Baltimore    (the  "Mayor").   This  ordinance  is  in- 


ORDINANCES  973 

tended  to  be,  and  shall  constitute,  upon  the  approval  of  the 
Loan  Agreement  and/or  the  Lease  Agreement  and/or  the 
Sale-Lease  Agreement  by  the  City  Solicitor,  the  Board  of 
Estimates  and  the  Mayor,  a  binding  and  enforceable  com- 
mitment by  the  City  to  issue  and  deliver  the  Bonds  author- 
ized hereby  in  accordance  with  the  terms  hereof. 

Sec.  3.  And  be  it  further  ordained,  That,  the  issuance, 
sale  and  delivery  of  an  amount  not  exceeding  $7,000,000 
aggregate  principal  amount  of  revenue  bonds,  hereby  desig- 
nated "Off-Street  Parking  Development  Revenue  Bonds 
(Chesapeake  Center  Project)"  is  hereby  authorized,  subject 
to  the  provisions  of  this  ordinance.  The  proceeds  of  the 
Bonds  are  to  be  used  (a)  to  finance  the  acquisition  and 
construction  of  the  Facilities  and  (b)  to  pay  the  Costs  of 
Issuance.  The  Bonds  are  to  be  solely  and  exclusively  payable 
from,  and  secured  by  (a)  the  revenue  derived  from  pay- 
ments under  the  Lease  Agreement  and/or  the  Loan  Agree- 
ment and/or  the  Sale-Lease  Agreement  and  (b)  any  debt 
service  reserve  fund  or  funds  established  by  the  Commis- 
sioners of  Finance.  The  Commissioners  of  Finance  may  re- 
quire, however,  that  the  Bonds  be  additionally  secured  by 
(i)  one  or  more  mortgage  liens  on  or  security  interests  in 
the  property  (or  any  interest  therein  including  a  leasehold 
estate),  facilities,  developments  and  improvements,  the  fi- 
nancing of  which  is  undertaken  by  the  issuance  of  the 
Bonds,  with  the  payments  under  the  mortgages  or  security 
interests  assigned  to  the  trustee  for  the  Bondholders;  or 
(ii)  insuring  the  mortgage  payments  through  such  Federal, 
State,  or  municipal  fund  or  other  agency  permitted  by 
applicable  law  to  perform  insuring  functions;  or  (iii)  as- 
signing the  proceeds  of  the  mortgage  insurance  to  the 
trustee  for  the  Bondholders;  or  (iv)  such  other  security 
as  the  Commissioners  of  Finance  may  approve;  or  (v)  any 
combination  of  (i),  (ii),  (iii)  and  (iv).  The  aggregate  prin- 
cipal amount  of  Bonds  issued,  sold  and  delivered  pursuant 
to  this  ordinance  shall  not  exceed  $7,000,000  unless  such 
amount  shall  be  increased  by  an  ordinance  of  the  City 
supplemental  hereto. 

In  accordance  with  the  Enabling  Law,  the  City  hereby 
authorizes  the  Commissioners  of  Finance  to  make  the  ad- 
ministrative determinations  necessary  for  the  issuance  of 


974  ORDINANCES  Ord.  No.  848 

the  Bonds.  The  Enabling  Law  provides  that  the  Commis- 
sioners of  Finance,  by  resolution,  may  prescribe  certain 
matters,  including  (without  limitation)  the  form,  terms, 
provisions,  manner  or  method  of  issuing  and  selling  (in- 
cluding negotiated  as  well  as  competitive  bid  sale)  and  the 
time  or  times  of  issuance,  and  any  and  all  other  details  of 
the  Bonds,  and  the  issuance  and  sale  thereof.  This  ordi- 
nance, accordingly,  provides  that  the  Commissioners  of 
Finance  shall  make  such  determinations  in  connection  with 
the  issuance  and  sale  of  the  Bonds,  as  provided  in  the  En- 
abling Law,  unless  the  City  shall  otherwise  prescribe  prior 
to  the  issuance  and  delivery  of  the  Bonds. 

The  Bonds  authorized  by  this  ordinance  may  be  issued 
in  one  or  more  series,  and  each  series  shall  be  identified  by 
a  letter  designation,  so  that  the  first  series  (if  the  issuance 
of  more  than  one  series  of  Bonds  hereunder  is  then  con- 
templated) shall  be  designated  "Off -Street  Parking  Develop- 
ment Revenue  Bonds  (Chesapeake  Center  Project),  1978 
Series  A".  The  aggregate  principal  amount  of  Bonds  to  be 
issued  pursuant  to  this  ordinance  at  any  one  time  shall  be 
determined  by  the  Commissioners  of  Finance  by  resolution 
adopted  prior  to  the  delivery  of  the  Bonds. 

The  Bonds  of  a  series  of  Bonds  shall  be  dated  as  of  the 
first  day  of  the  month  next  following  the  date  on  which  the 
series  of  Bonds  is  sold  unless  the  Commissioners  of  Finance 
shall  specify  a  different  date  in  its  resolution  hereinafter 
described,  and  the  Bonds  shall  bear  interest  at  an  annual 
rate  or  rates  payable  semi-annually  following  the  date  of 
the  series  of  Bonds  so  that,  if  the  Bonds  of  a  series  are 
dated  January  1,  1979,  interest  on  that  series  of  Bonds  will 
be  payable  on  July  1,  1979,  January  1,  1980,  and  semi- 
annually thereafter. 

The  Bonds  of  each  series  of  Bonds  issued  hereunder  shall 
mature  on  the  date  or  dates  provided  in  the  resolution  of 
the  Commissioners  of  Finance  hereinafter  described,  but 
the  last  maturity  of  any  series  of  Bonds  shall  in  no  event 
exceed  a  period  of  forty  (40)  years  from  the  date  of  that 
particular  series  of  Bonds.  If  the  resolution  of  the  Commis- 
sioners of  Finance  hereinafter  described  does  not  provide 
any  maturity  or  maturities  for  a  series  of  Bonds,  all  of  the 
Bonds  of  the  series  shall  mature  on  the  date  thirty  (30) 


ORDINANCES  975 

years  from  the  date  of  that  particular  series  of  Bonds.  If 
the  Bonds  of  a  series  are  dated  January  1,  1979,  all  the 
Bonds  of  that  series  will  mature  (in  the  absence  of  a  reso- 
lution of  the  Commissioners  of  Finance  determining  other- 
wise) on  January  1,  2009. 

The  terms  of  this  ordinance  shall  not  be  interpreted  so 
as  to  preclude  or  prevent  the  issuance  of  refunding  bonds 
to  refund  all  or  a  portion  of  the  Bonds.  The  adoption  of  a 
subsequent  ordinance  or  ordinances  authorizing  such  a  re- 
funding of  the  Bonds  is  expressly  contemplated  by  this 
ordinance. 

Sec.  4.  And  be  it  further  ordamed,  That,  prior  to  the 
delivery  of  any  series  of  Bonds,  the  Commissioners  of 
Finance  shall  adopt  a  resolution  or  resolutions  which  shall 
prescribe  (i)  the  principal  amount  of  Bonds  to  be  issued  as 
a  series  at  any  one  time,  (ii)  redemption  provisions  for  the 
series  of  Bonds,  and  (iii)  the  sinking  fund  requirements, 
if  any,  for  the  series  of  Bonds. 

Prior  to  the  delivery  of  any  series  of  Bonds,  the  Com- 
missioners of  Finance  may  also  adopt  a  resolution  or  reso- 
lutions which  may  prescribe  (i)  the  date  of  issue  of  the 
series  of  Bonds,  (ii)  the  maturity  or  maturities  of  the 
series  of  Bonds,  (iii)  any  additional  terms  necessary  or 
appropriate  to  reflect  any  matters  provided  by  that  resolu- 
tion and  (iv)  other  matters  deemed  appropriate  by  the 
Commissioners  of  Finance. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
section  of  this  ordinance  shall  be  deemed  to  be  of  an  ad- 
ministrative nature  and  shall  be  effective  upon  approval  of: 
(i)  the  Board  of  Estimates,  (ii)  the  City  Solicitor  and 
(iii)  the  Mayor. 

Sec.  5.  And  be  it  further  ordained,  That,  it  is  hereby 
found  and  determined  that  the  best  interests  of  the  City 
will  be  served  by  authorizing  the  Commissioners  of  Finance 
to  determine  the  method  of  sale  of  the  Bonds,  (including 
negotiated  private  sale  or  competitive  bid  sale),  as  author- 
ized by  the  Enabling  Law,  and  upon  the  terms  and  condi- 
tions determined  by  the  Commissioners  of  Finance  as  here- 
inafter authorized. 


976  ORDINANCES  Ord.  No.  848 

Authority  is  hereby  conferred  on  the  Commissioners  of 
Finance,  unless  the  City  shall  otherwise  prescribe  prior  to 
the  issuance  and  delivery  of  the  Bonds,  to  take  the  follow- 
ing actions  and  to  make  the  following  commitments  on 
behalf  of  the  City: 

(a)  to  deliver  the  Lease  Agreement  and/or  the  Loan 
Agreement  and/or  the  Sale-Lease  Agreement  by  and  be- 
tween the  City  and  the  Company  in  the  form  determined 
by  resolution  of  the  Commissioners  of  Finance  and  ap- 
proved by  the  Board  of  Estimates  and  the  City  Solicitor, 
such  Lease  Agreement  and/or  Loan  Agreement  and/or 
Sale-Lease  Agreement  to  be  executed  by  the  Mayor  and 
attested  by  the  Treasurer  or  the  Deputy  Treasurer  of  the 
City  of  Baltimore  (the  "Treasurer") ; 

(b)  to  prepare  and  distribute,  in  conjunction  with  rep- 
resentatives of  the  Company  and  the  prospective  purchasers 
of  or  underwriters  for  the  Bonds,  both  a  preliminary  and  a 
final  official  statement  (which  final  official  statement  shall 
be  executed  by  the  Mayor  and  attested  by  the  Treasurer) 
in  connection  with  the  sale  of  the  Bonds;  provided,  how- 
ever, that  any  preliminary  official  statement  shall  be  clearly 
marked  to  indicate  that  it  is  subject  to  completion  and 
amendment ; 

(c)  to  determine  the  date,  time  and  place  when  a  bond 
purchase  or  underwriting  agreement  shall  be  submitted  by 
the  purchasers  of  or  underwriters  for  the  Bonds,  such  bond 
purchase  or  underwriting  agreement  to  specify  the  interest 
rate  or  rates  proposed  to  be  paid  on  the  Bonds,  the  price 
at  which  the  Bonds  are  to  be  sold  to  the  purchasers  or 
underwriters,  and  such  other  matters  as  the  purchasers  or 
underwriters  and  the  City  officials  may  deem  necessary  or 
desirable  in  order  to  effect  the  sale  and  delivery  of  the 
Bonds ; 

(d)  to  determine  the  interest  rate  or  rates  to  be  paid 
by  the  City  on  the  Bonds  in  accordance  with  the  proposed 
bond  purchase  or  underwriting  agreement  submitted  by  the 
purchasers  or  underwriters  for  the  Bonds,  but  only  after 
the  Company  shall  have  given  the  City  written  approval  of 
such  rate  or  rates ; 

(e)  to  deliver,  as  a  binding  and  enforceable  obligation 
of  the  City,  the  bond  purchase  or  underwriting  agreement 


ORDINANCES  977 

for  the  Bonds  by  and  between  the  City  and  the  purchasers 
or  underwriters  for  the  Bonds,  such  bond  purchase  or  un- 
derwriting agreement  to  be  executed  by  the  Mayor  and 
attested  by  the  Treasurer,  and  to  proceed  to  accomplish 
any  and  all  actions  necessary  or  deemed  appropriate  by 
either  the  City,  the  purchasers  or  the  underwriters  to  issue 
and  deliver  the  Bonds  to  the  purchasers  or  underwriters  in 
accordance  with  the  provisions  of  this  ordinance  and  the 
bond  purchase  or  underwriting  agreement ; 

(f )  to  appoint  a  bank  having  trust  powers,  or  a  trust 
company,  as  trustee  for  the  Bondholders ; 

(g)  in  order  to  insure  that  the  Bonds  are  issued  without 
direct  cost  to  the  City,  to  provide  for  the  payment,  either 
directly  by  the  Company  or  out  of  the  proceeds  of  the 
Bonds,  of  all  costs,  fees  and  expenses  incurred  by  or  on 
behalf  of  the  City  in  connection  with  the  issuance  of  the 
Bonds,  such  payments  to  include  (without  limitation)  costs 
of  printing  and  issuing  the  Bonds,  legal  expenses,  and  com- 
pensation to  any  persons  (other  than  full-time  employees 
of  the  City)  performing  services  by  or  on  behalf  of  the 
City  in  connection  with  the  transactions  contemplated  by 
this  ordinance; 

(h)  to  deliver  to  the  trustee,  as  a  binding  and  enforce- 
able obligation  of  the  City,  the  trust  agreement  between 
the  City  and  the  trustee,  executed  by  the  Mayor  and  at- 
tested by  the  Treasurer,  which  trust  agreement  may  be  a 
resolution  of  the  Commissioners  of  Finance;  and 

(i)  to  do  any  and  all  things  necessary,  proper  or  ex- 
pedient in  connection  with  the  issuance  and  sale  of  the 
Bonds. 

Sec.  6.  And  be  it  further  ordained,  That,  prior  to  the  sale 
of  any  series  of  Bonds,  the  Commissioners  of  Finance,  un- 
less the  City  shall  otherwise  prescribe  prior  to  the  issuance 
and  delivery  of  the  Bonds,  may  determine  by  resolution: 

(1)  the  provisions  of  the  trust  agreement  between  the 
City  and  the  trustee; 

(2)  the  manner  of  execution,  authentication,  registra- 
tion and  transfer  of  the  Bonds; 


978  ORDINANCES  Ord.  No.  848 

(3)  provisions  for  authentication  and  delivery  of  the 
Bonds; 

(4)  the  provisions  of  the  Lease  Agreement  and/or  Loan 
Agreement  and/or  Sale-Lease  Agreement  between  the  City 
and  the  Company; 

(5)  the  terms  of  the  mortgage,  security  instrument  or 
other  evidence,  if  any,  of  the  obligation  of  the  Company  or 
successors  in  interest,  provided  for  each  series  of  Bonds; 

(6)  provisions  for  creation,  holding  and  disbursement 
of  a  construction  fund  to  be  held  by  the  trustee; 

(7)  provisions  for  creation,  holding  and  disbursement 
of  any  other  funds  and  accounts  to  be  held  by  the  trustee, 
including  a  reserve  fund  further  to  secure  the  Bonds; 

(8)  provisions  for  the  application  of  receipts  and  reve- 
nues from  the  Company; 

(9)  provisions  for  the  security  for  and  investment  of 
moneys  held  by  the  trustee; 

(10)  the  details  of  the  procedure  for  the  redemption  of 
the  Bonds; 

(11)  remedies  for  Bondholders  in  the  event  of  default; 

(12)  the  duties,  rights  and  immunities  of  the  trustee; 

(13)  the  manner  of  execution  of  instruments  by  Bond- 
holders and  the  method  of  proof  of  ownership  of  the  Bonds; 

(14)  provisions  for  modification  of  this  ordinance  and 
the  Lease  Agreement  and/or  Loan  Agreement  and/or  Sale- 
Lease  Agreement; 

(15)  provisions  for  defeasance  of  the  Bonds; 

(16)  the  forms  of  the  Bonds,  coupons  and  the  trustee's 
authentication  certificate;  and 

(17)  such  other  matters  in  connection  with  the  au- 
thorization, issuance,  security,  sale  and  payment  of  and  for 
the  Bonds  as  may  be  deemed  appropriate  by  the  Commis- 
sioners of  Finance. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
ordinance  shall  be  deemed  to  be  of  an  administrative  nature 


ORDINANCES  979 

and  shall  be  effective  upon  approval  by:    (i)  the  Board  of 
Estimates,  (ii)  the  City  Solicitor  and  (iii)  the  Mayor. 

Sec.  7.  And  be  it  further  ordained,  That,  if  any  action  on 
any  matter  delegated  to  the  Commissioners  of  Finance, 
shall  not  be  acted  upon  by  the  Commissioners  of  Finance, 
such  action  or  matter  may  be  acted  upon  or  implemented  by 
a  resolution,  approved  by  the  City  Council  of  the  City,  which 
is  subsequently  approved  by  the  Mayor. 

SEC.  8.  And  be  it  further  ordained,  That,  the  provisions 
of  this  ordinance  are  severable,  and  if  any  provision,  sen- 
tence, clause,  section  or  part  thereof  is  held  illegal,  invalid 
or  unconstitutional  or  inapplicable  to  any  person  or  circum- 
stances, such  illegality,  invalidity  or  unconstitutionality,  or 
inapplicability  shall  not  affect  or  impair  any  of  the  re- 
maining provisions,  sentences,  clauses,  sections,  or  parts  of 
this  ordinance  or  its  application  to  other  persons  or  circum- 
stances. It  is  hereby  declared  to  be  the  legislative  intent  that 
this  ordinance  would  have  been  adopted  if  such  illegal,  in- 
valid or  unconstitutional  provision,  sentence,  clause,  section 
or  part  had  not  been  included  therein,  and  if  the  person  or 
circumstances  to  which  this  ordinance  or  any  part  thereof 
is  inapplicable  had  been  specifically  exempted  therefrom. 

Sec.  9.  And  be  it  further  ordained,  That,  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  849 
(Council  No.  1630) 

An  Ordinance  granting  permission  to  Samuel  Winik  for 
the  establishment,  maintenance  and  operation  of  an  open 
area  for  the  parking  of  motor  vehicles  on  the  property 
known  as  10  S.  Howard  Street,  as  outlined  in  red  on  the 


980  ORDINANCES  Ord.  No.  849 

plats  accompanying  this  ordinance,  under  the  provisions 
of  Section  9.0-3d  of  Article  30  of  the  Baltimore  City  Code 
(1976  Edition),  title  "Zoning  Ordinance,"  concerning 
parking  lot  districts. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  be  and  the  same  is  hereby 
granted  to  Samuel  Winik,  for  the  establishment,  mainte- 
nance, and  operation  of  an  open  area  for  the  parking  of 
motor  vehicles  on  the  property  known  as  10  S.  Howard 
Street,  as  outlined  in  red  on  the  plats  accompanying  this 
ordinance,  under  the  provisions  of  Section  9.0-3d  of  Article 
30  of  the  Baltimore  City  Code  (1976  Edition),  title  "Zoning 
Ordinance",  concerning  parking  lot  districts. 

SEC.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order  to 
give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to  the 
following:  the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development,  the  Commis- 
sioner of  Transit  and  Traffic,  and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  the  provisions  of 
the  aforesaid  Section  9.0-3d  of  Article  30  of  the  Baltimore 
City  Code  (1976  Edition),  title  "Zoning  Ordinance"  shall 
be  fully  complied  with. 

Sec.  4.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  981 

No.  850 
(Council  No.  1671) 

An  Ordinance  to  add  Section  7,1  lb  27a  7.1-1B-57A  to  Ar- 
ticle 30  of  the  Baltimore  City  Code  (1976  Edition),  title, 
"Zoning",  subtitle  "Industrial  Districts",  AND  TO  RE- 
PEAL SECTION  7.2-1B-34  OF  THE  SAME  ARTICLE, 
TITLE,  AND  SUBTITLE,  adding  diaper  LINEN,  TOW- 
EL, DIAPER,  AND  OTHER  SIMILAR  supply  establish- 
ments to  the  list  of  uses  permitted  in  the  M-l  District. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  7,1  lb  27a  7.1-1B-57A  be 
and  it  is  hereby  added  to  Article  30  of  the  Baltimore  City 
Code  (1976  Edition),  title  "Zoning",  subtitle  "Industrial 
Districts",  to  read  as  follows: 

7.1-lb 

gfe.  Diaper  57 A.  LINEN,  TOWEL,  DIAPER,  AND 
OTHER  SIMILAR  supply  establishments 

SEC.  2.  AND  BE  IT  FURTHER  ORDAINED,  THAT 
SECTION  7.2-1B-34  OF  ARTICLE  30  OF  THE  BALTI- 
MORE CITY  CODE  (1976  EDITION) ,  TITLE  "ZONING", 
SUBTITLE  "INDUSTRIAL  DISTRICTS",  BE  AND  IT  IS 
HEREBY  REPEALED : 

7.2-1B 

[34.  LINEN,  TOWEL,  DIAPER,  AND  OTHER  SIMI- 
LAR SUPPLY  ESTABLISHMENTS] 

Sec.  2t  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


982  ORDINANCES  Ord.  No.  851 

No.  851 
(Council  No.  1778) 

An  Ordinance  to  repeal  subsections  (a),  (b),  (c),  (d),  (e) 
and  (f)  of  Section  7  of  Article  22  of  the  Baltimore  City 
Code  (1976  Edition),  as  amended,  title  "Retirement  Sys- 
tems", subtitle  "Employees'  Retirement  System"  and  to 
ordain  new  subsections  (a),  (b),  (c),  (d),  (e),  (f)  and 
(g)  to  Section  7  of  said  Article  22;  to  repeal  subsections 
(a),  (b),  (c),  (d),  (e)  and  (f)  of  Section  35  of  Article 
22  of  the  Baltimore  City  Code  (1976  Edition),  as 
amended,  title  "Retirement  Systems",  subtitle  "Fire  and 
Police  Employees  Retirement  System"  and  to  ordain  new 
subsections  (a),  (b),  (c),  (d),  (e),  (f)  and  (g)  to  Sec- 
tion 35  of  said  Article  22;  and  to  repeal  subsections  (a), 
(b),  (c)  and  (d)  of  Section  43  of  Article  22  of  the  Balti- 
more City  Code  (1976  Edition),  as  amended,  title  "Re- 
tirement Systems",  subtitle  "Advisory  Investment  Com- 
mittee" and  to  ordain  new  subsections  (a)  and  (b)  to 
Section  43  of  said  Article  22,  to  be  under  the  new  sub- 
title "Investment  Advisors" ;  revising  certain  provisions 
regarding  the  investment,  management  and  custody  of 
the  several  funds  of  the  respective  retirement  systems, 
defining  the  powers  and  duties  of  the  Boards  of  Trustees 
of  said  retirement  systems  with  respect  thereto,  au- 
thorizing the  Boards  of  Trustees  to  employ  investment 
advisors,  and  relating  generally  to  the  funds  held  by  the 
said  retirement  systems  and  to  the  investment,  manage- 
ment and  custody  of  such  funds. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  subsections  (a),  (b),  (c),  (d),  (e)  and 
(f)  of  Section  7  of  Article  22  of  the  Baltimore  City  Code 
(1976  Edition),  as  amended,  title  "Retirement  Systems", 
subtitle  "Employees'  Retirement  System"  be  and  they  are 
hereby  repealed,  and  that  new  subsections  (a),  (b),  (c), 
(d),  (e),  (f)  and  (g)  be  added  to  Section  7  of  said  Article 
22,  to  read  as  follows : 

7.     Management  of  funds. 

£  (a)  Trustee  of  Funds.  The  Board  of  Trustees  shall  be 
the  trustees  of  the  several  funds  of  the  Employees'  Retire- 


ORDINANCES  983 

ment  System  of  the  City  of  Baltimore  created  by  Article  22 
under  this  subtitle  as  provided  in  Section  8,  and  shall  have 
full  power  to  invest  and  reinvest  such  funds  in  the  following 
types  or  classes  of  assets  subject  to  the  limitations,  if  any, 
as  set  forth  with  regard  to  each  type  or  class  of  investment. 

(1)  Cash  or  deposits  in  checking  or  savings  accounts, 
under  certificates  of  deposits  or  in  any  other  form  in  na- 
tional or  state  banks  and  trust  companies. 

To  the  extent  that  such  an  investment  or  account  is  in- 
sured by  the  Federal  Savings  and  Loan  Insurance  Corpora- 
tion, or  by  the  Maryland  Savings-Share  Insurance  Corpora- 
tion, said  Trustees  may  invest  in  shares  of  savings  and  loan 
associations  or  building  and  loan  associations  in  the  State 
of  Maryland. 

(2)  Interest-bearing  bonds,  notes,  certificates  of  indebt- 
edness, bills  or  other  direct  interest-bearing  obligations 
fully  guaranteed  both  as  to  principal  and  interest  by  the 
United  States  of  America,  or  by  Canada,  and  obligations 
of  the  International  Bank  for  Reconstruction  and  Develop- 
ment and  obligations  of  the  Inter-American  Development 
Bank. 

(3)  Interest-bearing  bonds  of  any  state,  District  of 
Columbia,  territory  or  possession  of  the  United  States  of 
America,  or  of  any  province  of  Canada,  or  of  any  county, 
or  incorporated  city  of  any  state,  District  of  Columbia, 
territory  or  possession  of  the  United  States  of  America,  or 
any  Canadian  municipality. 

(4)  Interest-bearing  bonds  of  any  commission,  instru- 
mentality, authority  or  political  subdivision  having  legal 
authority  to  issue  the  same,  of  the  United  States  of  Ameri- 
ca, Canada,  any  state,  District  of  Columbia,  territory  or 
possession  of  the  United  States  of  America  or  of  any 
province  of  Canada,  or  of  any  county  or  incorporated  city 
of  any  state,  District  of  Columbia,  territory  or  possession 
of  the  United  States  of  America  or  of  any  province  of 
Canada. 

(5)  Interest-bearing  bonds,  notes  or  other  interest-bear- 
ing obligations  of  any  corporation  organized  under  the  laws 
of  the  United  States  of  America  or  of  Canada  or  province 


984  ORDINANCES  Ord.  No.  851 

thereof,  or  under  the  laws  of  any  state,  District  of  Colum- 
bia, territory  or  possession  of  the  United  States  of  America. 
Equipment  trust  obligations  or  certificates  or  other  secured 
instruments  evidencing  an  interest  in  transportation  of 
other  equipment  wholly  or  in  part  within  the  United  States 
of  America  or  Canada  with  a  right  to  receive  determined 
portions  of  rental,  purchase  price  or  other  fixed  obligatory 
payments  for  the  use  or  purchase  of  such  transportation 
or  other  equipment. 

(6)  Dividend-paying  stocks  or  shares  of  any  corpora- 
tion created  or  existing  under  the  laws  of  the  United  States 
of  America,  Canada  or  province  thereof,  or  of  any  state, 
District  of  Columbia,  territory  or  possession  of  the  United 
States  of  America;  provided,  however,  that  such  invest- 
ments in  stocks  shall  not  exceed  fifty  percent  (50%)  of  the 
total  market  value  of  all  the  assets  of  the  funds  of  the 
Employees'  Retirement  System  referred  to  herein.  An 
evaluation  of  the  total  assets  of  the  Retirement  System 
shall  be  made  at  least  once  in  every  three  (3)  months,  for 
the  purposes  of  maintaining  this  fifty  percent  (50%) 
limitation. 

(7)  Loans  secured  by  first  mortgages,  or  deeds  of 
trust,  on  unencumbered  fee-simple  or  improved  leasehold 
real  estate  in  the  District  of  Columbia  or  in  any  state  of 
the  United  States  of  America  or  province  of  Canada.  When- 
ever such  loans  are  made  upon  fee-simple,  or  leasehold  real 
estate  which  is  improved  by  a  building  or  buildings,  the 
said  improvements  shall  be  insured  against  loss  by  fire  and 
such  other  casualties  as  are  included  in  extended  coverage 
policies,  and  the  said  insurance  policies  shall  contain  the 
New  York  or  Massachusetts  standard  mortgage  clause  or 
one  equivalent  thereto  and  shall  be  delivered  to  the  mort- 
gage as  additional  security  for  the  said  loans.  Bonds,  notes 
or  other  evidence  of  indebtedness  secured  by  mortgages  or 
deeds  of  trust  which  are  guaranteed  or  insured  by  an  in- 
strumentality of  the  United  States  pursuant  to  acts  of 
Congress,  as  heretofore  and  hereafter  amended,  known  as 
the  National  Housing  Act,  Servicemen's  Readjustment  Act 
of  1944,  and  the  Bankhead-Jones  Farm  Tenant  Act;  and 
neither  the  limitations  of  this  section  nor  any  other  law  of 
this  State  requiring  security  upon  which  loans  shall  be 
made,  or  prescribing  the  nature,  amount  or  forms  of  such 


ORDINANCES  985 

security,  or  limiting  the  interest  rates  upon  loans,  shall  be 
deemed  to  apply  to  such  insured  or  guaranteed  mortgage 
loans.  Provided,  however,  that  such  investments  in  mort- 
gages shall  not  exceed  twenty-five  percent  (25%)  of  the 
total  market  value  of  all  the  assets  of  the  funds  of  the  Em- 
ployees' Retirement  System  referred  to  herein,  and  an 
evaluation  of  the  total  assets  of  the  Retirement  System 
shall  be  made  at  least  once  in  every  three  (3)  months,  for 
the  purpose  of  maintaining  this  twenty-five  percent  (25%) 
limitation.  Upon  a  foreclosure  of  its  own  mortgages  or  an 
acceptance  of  a  deed  in  lieu  of  foreclosure  by  the  Trustees, 
the  said  Trustees  shall  have  the  right  to  purchase,  hold, 
operate,  lease,  manage  and/or  sell  the  subject  real  estate. 

(8)  Ground  rents  in  the  State  of  Maryland. 

(9)  Interest,  rents  or  other  fixed  income  due  and  ac- 
crued on  any  of  the  investments  authorized  in  the  preced- 
ing subsections. 

Provided,  however,  that  nothing  in  this  amendatory  or- 
dinance shall  be  deemed  to  render  illegal  or  to  invalidate 
the  making  and  holding  of  any  investment  heretofore  made 
and  now  held  by  the  Board  of  Trustees  of  the  said  funds 
where  such  investment  when  made  was  authorized  by  law 
prior  to  the  enactment  of  this  amendatory  ordinance;  and 
provided  further,  that  nothing  herein  shall  be  deemed  to 
prevent  the  Board  of  Trustees  from  accepting,  in  lieu  or 
substitution  of  securities  representing  investments  hereto- 
fore validly  made,  other  securities  not  of  the  kind  enumer- 
ated but  authorized  by  ordinance  as  investments  for  the  said 
Board  prior  to  the  enactment  of  this  amendatory  ordinance, 
where  the  Board  shall  deem  such  substitution  of  securities 
necessary  to  preserve  the  investment  of  the  said  funds. 
Subject  to  the  terms,  provisions  and  conditions  contained 
herein,  said  Trustees  shall  have  full  power  to  hold,  pur- 
chase, sell,  assign,  transfer,  and  dispose  of  any  of  the 
securities  and  investments  in  which  any  of  the  funds  cre- 
ated herein  shall  have  been  invested,  as  well  as  the  pro- 
ceeds of  said  investments  and  any  moneys  belonging  to  said 
funds. 

(b)  Interest.  The  Board  of  Trustees  annually  shall 
credit  regular  interest  on  the  mean  amount  of  the  preced- 
ing year  in  each  of  the  funds.  The  amounts  so  allowed 


986  ORDINANCES  Ord.  No.  851 

shall  be  due  and  payable  to  said  funds,  and  shall  be  an- 
nually credited  thereto  by  the  Board  of  Trustees  from 
interest  and  other  earnings  on  the  moneys  of  the  Retire- 
ment System.  Any  difference  between  the  earnings  of  the 
funds  of  this  Retirement  System  as  determined  in  accord- 
ance with  an  appropriate  asset  valuation  method  giving 
recognition  to  actual  earnings  of  the  funds,  and  the  re- 
quired earnings  based  on  the  regular  interest  rate  used  for 
valuation  purposes,  shall  be  applied  by  the  Board  of  Trus- 
tees in  such  amount  or  amounts  as  they  determine  to 
either  (1)  increase  or  decrease  the  amount  contributed  by 
the  City  of  Baltimore,  and/or  (2)  to  increase  or  decrease 
the  period  over  which  the  unfunded  accrued  liability  will 
be  amortized  as  provided  in  Section  8(c)  (4). 

The  increase  or  decrease  of  contribution  and/or  the  in- 
crease or  decrease  in  length  of  amortization  period  shall 
be  determined  by  the  actuary  engaged  by  the  Board,  on 
the  basis  of  regular  interest  rate  used  for  valuation  pur- 
poses and  of  such  mortality  and  other  tables  as  shall  be 
adopted  by  the  Board  of  Trustees. 

(c)  Custodian  of  funds.  The  City  Treasurer  of  the  City 
of  Baltimore  shall  be  the  custodian  of  the  several  funds 
of  the  Retirement  System. 

(d)  Cash  on  deposit.  For  the  purpose  of  meeting  dis- 
bursements for  pensions,  annuities,  and  other  payments 
there  may  be  kept  available  cash,  not  exceeding  ten  per 
centum  of  the  total  amount  in  the  several  funds  of  the 
retirement  system,  on  deposit  in  one  or  more  banks  or 
trust  companies  of  the  City  of  Baltimore,  organized  under 
the  Laws  of  the  State  of  Maryland  or  of  the  United  States, 
provided,  that  the  sum  on  deposit  in  any  one  bank  or  trust 
company  shall  not  exceed  twenty-five  per  centum  of  the 
paid  up  capital  and  surplus  of  such  bank  or  trust  company. 

(e)  Conflicts  of  interest.  Except  as  otherwise  herein 
provided,  no  trustee  and  no  employee  of  the  Board  of 
Trustees  shall  have  any  direct  interest  in  the  gains  or 
profits  of  any  investment  made  by  the  Board  of  Trustees, 
nor  as  such  receive  any  pay  or  emolument  for  his  services. 
No  trustee  or  employee  of  the  Board  shall,  directly  or  in- 
directly, for  himself  or  as  an  agent  in  any  manner  use  the 


ORDINANCES  987 

same,  except  to  make  such  current  and  necessary  payments 
as  are  authorized  by  the  Board  of  Trustees;  or  shall  any 
trustee  or  employee  of  the  Board  of  Trustees  become  an 
endorser  or  surety  or  in  any  manner  an  obligor  for  moneys 
loaned  by  or  borrowed  from  the  Board  of  Trustees. 

(f )  Nominee  registrations  of  Securities.  The  Board  of 
Trustees  is  hereby  empowered  to  authorize  the  City  Treas- 
urer to  place  securities  held  by  the  Board  in  the  name  of 
a  partnership  to  be  formed  under  the  laws  of  Maryland  for 
the  sole  and  specific  purpose  of  holding  such  securities  as 
the  nominee  of  the  Board  of  Trustees.  There  shall  be 
three  (3)  partners  in  said  partnership;  the  City  Treasurer, 
the  Deputy  City  Treasurer  and  the  Chairman  of  the  Board 
of  Trustees,  but  only  the  City  Treasurer  or  Deputy  City 
Treasurer  shall  be  required  to  execute  documents  on  be- 
half of  the  partnership  which  may  be  necessary  or  proper 
to  transfer  any  of  such  securities.  The  articles  of  part- 
nership and  any  agreement  between  the  partnership  and 
the  Board  of  Trustees  shall  be  prepared  by  the  City  So- 
licitor, and  shall  provide  that  the  City  Treasurer  at  all 
times  shall  have  complete  custody  of  the  securities  placed 
in  the  partnership  name,  and  that  such  partnership  may 
act  only  as  the  agent  of  the  Board  of  Trustees,  and  shall 
contain  such  other  terms  and  conditions  as  the  City  Solici- 
tor may  deem  appropriate.  The  partnership  is  hereby  fur- 
ther authorized  to  enter  into  agreements  with  various 
banks  or  other  financial  institutions  to  guarantee  the  sig- 
natures made  on  behalf  of  the  partnership.  The  articles 
of  partnership  and  all  agreements  executed  pursuant  here- 
to shall  be  subject  to  the  approval  of  the  Board  of 
Estimates.] 

(a)  Trustee  of  Funds.  The  Board  of  Trustees  shall  be 
the  trustees  of  the  several  funds  of  the  Employees'  Retire- 
ment System  of  Baltimore  created  by  Article  22  under  this 
subtitle  as  provided  in  Section  8.  The  Board  of  Trustees 
shall  have  the  power  to  invest  and  reinvest  such  funds  in 
the  following  types  or  classes  of  assets  subject  to  the  limita- 
tions, if  any,  as  set  forth  with  regard  to  each  type  or  class 
of  investment. 

(1)  Deposits  in  savings  accounts,  or  other  evidences  of 
deposit  in  national  or  state  banks  and  trust  companies. 


988  ORDINANCES  Ord.  No.  851 

To  the  extent  that  such  an  investment  or  account  is  in- 
sured by  the  Federal  Savings  and  Loan  Insurance  Corpora- 
tion, or  by  the  Maryland  Savings  Share  Insurance  Corpora- 
tion, said  Trustees  may  invest  in  shares  of  savings  and  loan 
associations  or  building  and  loan  associations  in  the  State 
of  Maryland. 

(2)  Interest-bearing  bonds,  notes,  certificates  of  in- 
debtedness, bills  or  other  direct  interest-bearing  obligations 
fully  guaranteed  both  as  to  principal  and  interest  by  the 
United  States  of  America,  or  by  Canada,  and  obligations  of 
the  International  Bank  for  Reconstruction  and  Development 
and  obligations  of  the  Inter- American  Development  Bank. 

(3)  Interest-bearing  bonds  of  any  state,  District  of 
Columbia,  territory  or  possession  of  the  United  States  of 
America,  or  of  any  province  of  Canada,  or  of  any  county, 
or  incorporated  city  of  any  state,  District  of  Columbia,  ter- 
ritory or  possession  of  the  United  States  of  America,  or  any 
Canadian  municipality. 

(U)  Interest-bearing  bonds  of  any  commission,  instru- 
mentality, authority  or  political  subdivision  having  legal  au- 
thority to  issue  the  same,  of  the  United  States  of  America, 
Canada,  any  state,  District  of  Columbia,  territory  or  pos- 
session of  the  United  States  of  America  or  of  any  province 
of  Canada,  or  of  any  county  or  incorporated  city  of  any 
state,  District  of  Columbia,  territory  or  possession  of  the 
United  States  of  America  or  of  any  province  of  Canada. 

(5)  Interest-bearing  bonds,  notes  or  other  interest- 
bearing  obligations  of  any  corporation  organized  under  the 
laws  of  the  United  States  of  America  or  of  Canada  or 
province  thereof,  or  under  the  laws  of  any  state,  District  of 
Columbia,  territory  or  possession  of  the  United  States  of 
America.  Equipment  trust  obligations  or  certificates  or 
other  secured  instruments  evidencing  an  interest  in  trans- 
portation or  other  equipment  wholly  or  in  part  within  the 
United  States  of  America  or  Canada  with  a  right  to  receive 
determined  portions  of  rental,  purchase  price  or  other  fixed 
obligatory  payments  for  the  use  or  purchase  of  such  trans- 
portation or  other  equipment. 

(6)  Publicly -traded  preferred  or  common  stocks  or 
shares  of  any  corporation  created  or  existing  under  the  laivs 


ORDINANCES  989 

of  the  United  States  of  America,  Canada  or  province  thereof, 
or  of  any  state,  District  of  Columbia,  territory  or  possession 
of  the  United  States  of  America;  provided  however,  that 
such  investments  im,  stock  shall  not  exceed  fifty  percent 
(50%)  of  the  total  market  value  of  all  the  assets  of  the 
funds  of  the  Employees'  Retirement  System  referred  to 
herein.  An  evaluation  of  the  total  assets  of  the  Retirement 
System  shall  be  made  at  least  once  in  every  three  (3) 
months,  for  the  purposes  of  maintaining  this  fifty  percent 
(50%)  limitation. 

(7)  Covered  call  options  may  be  sold  by  the  Employees' 
Retirement  System  when  the  underlying  common  stock  is 
held  in  the  equity  portfolio  and  when  such  options  are  ac- 
tively traded  on  a  public  exchange,  provided,  however,  that 
options  are  not  sold  on  more  than  ttventy- five  percent  (25%) 
of  the  total  market  value  of  common  stocks  held  in  the  port- 
folio. Purchase  of  options  will  be  permitted  only  when 
closing  out  a  previously  written  covered  call  option. 

(8)  Loans  secured  by  first  mortgages,  or  deeds  of  trust, 
on  unencumbered  fee-simple  or  improved  leasehold  real 
estate  m  the  District  of  Columbia  or  in  any  state  of  the 
United  States  of  America  or  province  of  Canada.  Whenever 
such  loans  are  made  upon  fee-simple,  or  leasehold  real 
estate  ivhich  is  improved  by  a  building  or  buildings,  the 
said  improvements  shall  be  insured  against  loss  by  fire  and 
such  other  casualties  as  are  included  in  extended  coverage 
policies,  and  the  said  insurance  policies  shall  contain  the 
New  York  or  Massachusetts  standard  mortgage  clause  or 
one  equivalent  thereto  and  shall  be  delivered  to  the  mort- 
gagee as  additional  security  for  the  said  loans.  Bonds,  notes 
or  other  evidence  of  indebtedness  secured  by  mortgages  or 
deeds  of  trust  which  are  guaranteed  or  insured  by  an  instru- 
mentality of  the  United  States  pursuant  to  acts  of  Congress, 
as  heretofore  and  hereafter  amended,  known  as  the  Na- 
tional Housing  Act,  Servicemen's  Readjustment  Act  of 
19 %U,  and  the  Bankhead-J ones  Farm  Tenant  Act;  and 
neither  the  limitations  of  this  section  nor  any  other  laiv  of 
this  State  requiring  security  upon  ivhich  loans  shall  be 
made,  or  prescribing  the  nature,  amount  or  forms  of  such 
security,  or  limiting  the  interest  rates  upon  loans,  shall  be 
deemed  to  apply  to  such  insured  or  guaranteed  mortgage 
loans.  Provided,  however,  that  such  investments  in  mort- 


990  ORDINANCES  Ord.  No.  851 

gages  shall  not  exceed  twenty-five  percent  (25%)  of  the 
total  market  value  of  all  the  assets  of  the  funds  of  the  Em- 
ployees' Retirement  System  referred  to  herein  and  an 
evaluation  of  the  total  assets  of  the  Retirement  System  shall 
be  made  at  least  once  in  every  three  (3)  months,  for  the 
purpose  of  maintaining  this  twenty-five  percent  (25%) 
limitation.  Upon  a  foreclosure  of  its  own  mortgages  or  an 
acceptance  of  a  deed  in  lieu  of  foreclosure  by  the  Trustees, 
the  said  Trustees  shall  have  the  right  to  purchase,  hold, 
operate,  lease,  manage  and/or  sell  the  subject  real  estate. 

(9)  Ground  rents  m  the  State  of  Maryland. 

(10)  Interest,  rents  or  other  fixed  income  due  and  ac- 
crued on  any  of  the  investments  authorized  in  the  pre- 
ceding subsections. 

The  Board  of  Trustees  shall  have  the  duty  and  responsi- 
bility of  periodically  determining  investment  policies  con- 
sistent ivith  the  above  limitations,  the  capital  market  en- 
vironment, and  the  actuarial  characteristics  of  the  Em- 
ployees' Retirement  System  and  to  publish  such  investment 
policy  guidelines  by  filing  a  copy  thereof  with  the  Depart- 
ment of  Legislative  Reference  of  Baltimore  City,  and  after 
January  1,  1979,  also  by  publication  in  the  Municipal 
Journal. 

All  contributions  from  time  to  time  paid  into  the  several 
funds,  and  the  income  thereof,  without  distinction  between 
principal  and  income,  shall  be  held  and  administered  by  the 
Board  of  Trustees  or  its  agents  in  the  funds,  and  the  Board 
shall  not  be  required  to  segregate  or  invest  separately  any 
portion  of  the  funds. 

Provided,  however,  that  nothing  in  this  amendatory  ordi- 
nance shall  be  deemed  to  render  illegal  or  to  invalidate  the 
making  and  holding  of  any  investment  heretofore  made  and 
noiv  remaining  in  said  funds  where  such  investment  tvhen 
made  ivas  authorized  by  lata  prior  to  the  enactment  of  this 
amendatory  ordinance;  and  provided  further,  that  nothing 
herein  shall  be  deemed  to  prevent  the  Board  of  Trustees 
from  accepting,  in  lieu  or  substitution  of  securities  repre- 
senting investments  heretofore  validly  made,  other  se- 
curities not  of  the  kind  enumerated  but  authorized  by  ordi- 
nance as  investments  for  the  said  Board  prior  to  the  enact- 


ORDINANCES  991 

ment  of  this  amendatory  ordinance,  where  the  Board  shall 
deem  such  substitution  of  securities  desirable  to  preserve 
the  imvestment  of  the  said  funds.  Subject  to  the  terms,  pro- 
visions and  conditions  contained  herein,  said  Trustees  shall 
have  full  poiver  to  hold,  purchase,  sell,  assign,  transfer,  and 
dispose  of  any  of  the  securities  and  i/nvestments  in  which 
any  of  the  funds  created  herein  shall  have  been  invested,  as 
tvell  as  the  proceeds  of  said  investments  and  any  moneys 
belonging  to  said  funds. 

(b)  Interest.  As  of  July  1,  1978,  the  Trustees  will  de- 
termine the  "carrying  value"  of  the  Fund  in  accordance 
with  the  asset  valuation  method  theretofore  employed,  and 
the  "adjusted  market  value"  of  the  Fund  representing  an 
average  fair  market  value  as  of  that  date. 

During  the  1979  fiscal  year,  the  Trustees  will  establish  a 
"Reserve  for  Book  Value"  as  of  July  1,  1978,  equal  to  the 
difference  as  of  that  date  between  the  carrying  value  and 
the  adjusted  market  value  of  the  Fund.  On  that  date  and  on 
each  annual  valuation  date  thereafter,  the  value  of  the  Fund 
assets  FOR  ACTUARIAL  VALUATION  PURPOSES  will 
be  carried  at  (1)  the  then  current  adjusted  market  value, 
plus  (2)  the  Reserve  for  Book  Value. 

The  Board  of  Trustees  annually  shall  credit  regular  in- 
terest less  the  investment  management,  custodian  and  in- 
vestment adviser  costs  on  the  mean  amount  for  the  pre- 
ceding year  in  each  of  the  funds.  After  payment  of  pension 
fund  management,  custodian,  and  investment  adviser  serv- 
ices as  provided  in  Sections  7(g)  and  AS  (a),  any  excess  of 
the  earnings  of  the  funds  of  this  Retirement  System  as  de- 
termined in  accordance  with  an  appropriate  asset  valuation 
method  giving  effect  to  actual  earnings  of  the  funds,  over 
the  earnings  based  on  the  regular  interest  rate  used  for 
valuation  purposes,  shall  first  be  applied  by  the  Board  of 
Trustees  to  meet  the  conditions  of  any  asset  averaging 
method  then  in  use  under  the  System. 

An  additional  amount  equal  to  one  and  one-half  percent 
of  the  mean  amount  for  the  preceding  year  in  each  of  the 
funds  will  be  deducted  from  the  remaining  excess  earnings, 
if  any,  and  applied  by  the  Board  of  Trustees  to  reduce 
the  remaining  balance,  if  any,  in  the  "Reserve  for  Book 
Value";  to  the  extent  that  excess  earnings  are  less  than  one 


992  ORDINANCES  Ord.  No.  851 

and  one-half  percent  per  annum,  the  City  of  Baltimore  shall 
contribute  the  difference  to  the  "Reserve  for  Book  Value", 
averaged  over  a  five  year  period  in  accordance  with  the 
asset  valuation  method  theretofore  employed.  The  remaining 
excess  earnings,  if  any,  shall  next  be  applied  by  the  Board 
in  such  amount  or  amounts  as  they  determine  (1)  to  de- 
crease the  amount  contributed  by  the  City  of  Baltimore, 
and/or  (2)  to  decrease  the  period  over  ivhich  the  unfunded 
accrued  liability  will  be  amortized  as  provided  in  Section 
8(c)  (3) ,  and/ or  (3)  to  reduce  the  remaining  balance,  if  any, 
in  the  "Reserve  for  Book  Value".  Any  deficiency  of  the 
earnings  of  the  funds  of  this  Retirement  System,  as  de- 
termined in  accordance  with  an  appropriate  asset  valuation 
method  giving  recognition  to  actual  earnings  of  the  funds, 
below  the  required  earnings  based  on  the  regular  interest 
rate  used  for  valuation  purposes  shall  first  be  applied  to 
meet  the  conditions  of  any  asset  averaging  method  then  in 
use  under  the  System;  the  remaining  deficiency  in  earnings, 
if  any,  shall  be  applied  by  the  Board  of  Trustees  in  such 
amount  or  amounts  as  they  determine  either  (1)  to  increase 
the  amount  contributed  by  the  City  of  Baltimore,  and/or 
(2)  to  increase  the  period  over  which  the  unfunded  accrued 
liability  ivill  be  amortized  as  provided  in  Section  8(c)(3). 

The  increase  or  decrease  of  contribution  and/or  the  in- 
crease or  decrease  in  length  of  amortization  period  shall  be 
determined  by  the  Board  after  receiving  the  advice  of  the 
actuary  engaged  by  the  City,  on  the  basis  of  regular  interest 
rate  used  for  valuation  purposes,  and  of  such  mortality  and. 
other  tables  as  shall  be  adopted  by  the  Board  of  Trustees. 

(c)  Cash  on  Deposit.  For  the  purpose  of  meeting  dis- 
bursements for  pensions,  annuities,  and  other  payments, 
there  may  be  kept  available  cash  on  deposit  in  one  or  more 
banks  or  trust  companies  located  in  the  City  of  Baltimore, 
organized  under  the  laws  of  the  State  of  Maryland  or  of  the 
United  States,  in  such  amount  as  the  Trustees  may  by 
resolution  from  time  to  time  adopt,  not  exceeding  a  sum 
equal  to  the  estimated  disbursements  projected  for  a  period 
of  fifteen  days.  The  sums  on  deposit  in  bank  shall  be  se- 
cured by  collateral  posted  by  the  depositories  of  such  type 
and  amount  as  the  Commissioners  of  Finance  may  prescribe, 
but  in  no  event  shall  the  market  value  of  such  collateral  be 


ORDINANCES  993 

less  than  one  hundred  percent  of  the  amount  on  deposit 
according  to  the  depositories  records.  In  exercising  this 
authority  for  bank  deposits,  the  Trustees  shall  endeavor  to 
minimize  the  amount  of  such  deposits,  and  shall  consider 
appropriate  money  management  techniques,  including  wire 
transfers  of  funds  and,  the  zero-balance-fee-for-service 
method  of  maintaining  bank  accounts.  In  no  event  shall  the 
bank  accounts  be  used  as  the  basis  for,  or  form  part  of  the 
basis  for  fees  for  the  investment  administrators  or  be  used 
to  provide  supplementary  compensation  for  such  investment 
administrators. 

(d)  Securities  Handling.  The  Custodian  designated  in 
the  Charter  of  Baltimore  City  (1964  Revision,  as  amended) 
may  cause  any  investment  in  securities  held  by  the  Trustees 
to  be  registered  in  or  transferred  into  the  name  of  the 
Trustees  or  into  the  name  of  such  nominee  as  the  Custodian 
may  direct,  including  a  nominee  partnership  created  by  the 
Board  of  Trustees,  or  the  Custodian  may  retain  them  un- 
registered and  in  form  permitting  transferability,  and  fur- 
ther may  authorize  its  contractual  agents  to  deposit  se- 
curities with  " clearing  corporations"  as  defined  in  §  8-102 
of  Article  95B  of  the  Annotated  Code  of  Maryland  for  the 
express  purpose  of  having  such  clearing  corporations  act  as 
centralized  depositories  of  such  securities,  but  the  books 
and  records  of  the  Custodian  and  its  contractual  agents 
shall  at  all  times  show  that  all  such  investments  are  part  of 
the  several  funds  of  the  Employees'  Retirement  System. 
The  authority  to  make  use  of  a  clearing  corporation  shall 
include  the  authority  to  utilize  the  "book  entry"  system  of 
the  United  States  Government,  and  agencies  thereof,  for 
which  the  Federal  Reserve  Bank  is  the  authorized  fiscal 
agent. 

(e)  Conflicts  of  interest.  Except  as  otherwise  herein 
provided,  no  trustee  and  no  employees  of  the  Board  of 
Trustees  shall  have  any  direct  interest  in  the  gains  or  profits 
of  any  investment  made  by  the  Board  of  Trustees  or  their 
designees,  nor  as  such  receive  any  pay  or  emolument  for  his 
services,  except  as  authorized  from  time  to  time  by  the 
Board  of  Estimates.  No  trustee  or  employee  of  the  Board 
shall,  directly  or  indirectly,  for  himself  or  as  an  agent  in 
any  manner  use  said  gains  or  pi^ofits,  except  to  make  such 
current  and  necessary  payments  as  are  authorized  by  the 


994  ORDINANCES  Ord.  No.  851 

Board  of  Trustees;  nor  shall  any  trustee  or  employee  of  the 
Board  of  Trustees  become  an  endorser  or  surety  or  in  any 
manner  an  obligor  for  moneys  loaned  by  or  borrotved  from 
the  Board  of  Trustees. 

(f)  Trustee  fiduciary  liability.  Neither  the  Board  of 
Trustees  nor  any  agent,  person  or  other  entity  acting  on 
behalf  of  the  Board  of  Trustees  shall  be  liable  for  the 
making,  retention  or  sale  of  any  investment  or  reinvestment 
made  as  herein  provided,  nor  for  any  loss  or  diminution  of 
the  funds,  except  that  due  to  his  or  its  own  gross  negligence, 
wilful  misconduct  or  lack  of  good  faith. 

(g)  Custodian  and  supervision  of  funds.  The  City  of- 
ficial designated  in  the  Charter  of  Baltimore  City  (19  6 It- 
Revision,  as  amended)  shall  be  the  custodian  of  the  several 
funds  of  the  Employees'  Retirement  System.  Supervision  of 
the  several  funds  of  the  Employees'  Retirement  System  shall 
be  vested  in  the  Board  of  Trustees.  Subject  to  the  approval 
of  the  Board  of  Estimates,  the  Board  of  Trustees  may  hire 
and  appoint  such  persons,  agents  or  entities  (including  cor- 
porate fiduciaries)  as  in  its  discretion  may  be  required  or 
advisable  to  enable  it  to  perform  such  pension  fund  invest- 
ment management  duties  hereunder;  provided  further,  that 
subject  to  the  approval  of  the  Board  of  Estimates  the  Board 
of  Trustees  may  enter  into  agency  and  pension  fund  invest- 
ment management  agreements  with  one  or  more  qualified 
pension  fund  managers  for  the  purpose  of  obtaining  pension 
fund  investment  management  for  the  Employees'  Retire- 
ment System  and  the  several  funds  thereof.  Payment  for 
such  investment  management  services  shall  be  made  from 
the  resources  of  the  pension  fund  or  funds. 

Sec.  2.  And  be  it  further  ordained,  That  subsections  (a), 
(b),  (c),  (d),  (e)  and  (f)  of  Section  35  of  Article  22  of 
the  Baltimore  City  Code  (1976  Edition),  as  amended,  title 
"Retirement  Systems",  subtitle  "Fire  and  Police  Employees 
Retirement  System"  be  and  they  are  hereby  repealed,  and 
that  new  subsections  (a),  (b),  (c),  (d),  (e),  (f)  and  (g) 
be  added  to  Section  35  of  said  Article  22,  to  read  as  follows : 

35.     Management  of  Funds. 

[(a)  Trustees.  The  Board  of  Trustees  shall  be  the  trus- 
tees of  the  several  funds  of  the  Fire  and  Police  Employees 


ORDINANCES  995 

Retirement  System  created  by  Sections  29-41  of  this  Article 
as  provided  in  Section  36,  and  shall  have  full  power  to  in- 
vest and  reinvest  such  funds  in  the  following  types  of 
assets,  subject  to  the  limitations,  if  any,  set  forth  with 
regard  to  each  type  or  class  of  investment: 

(1)  Cash  or  deposits  in  checking  or  savings  accounts, 
under  certificates  of  deposit  or  in  any  other  form  in  na- 
tional or  state  banks  and  trust  companies. 

To  the  extent  that  such  an  investment  or  account  is  in- 
sured by  the  Federal  Savings  and  Loan  Insurance  Corpora- 
tion, or  by  the  Maryland  Savings-Share  Insurance  Corpora- 
tion, said  Trustees  may  invest  in  shares  of  savings  and  loan 
associations  or  building  and  loan  associations  in  the  State 
of  Maryland. 

(2)  Interest-bearing  bonds,  notes,  certificates  of  in- 
debtedness, bills  or  other  direct  interest-bearing  obliga- 
tions fully  guaranteed  both  as  to  principal  and  interest  by 
the  United  States  of  America,  or  by  Canada,  and  obliga- 
tions of  the  International  Bank  for  Reconstruction  and  De- 
velopment and  obligations  of  the  Inter-American  Develop- 
ment Bank. 

(3)  Interest-bearing  bonds  of  any  state,  District  of 
Columbia,  territory  or  possession  of  the  United  States  of 
America,  or  of  any  province  of  Canada,  or  of  any  county, 
or  incorporated  city  of  any  state,  District  of  Columbia, 
territory  or  possession  of  the  United  States  of  America,  or 
any  Canadian  municipality. 

(4)  Interest-bearing  bonds  of  any  commission,  instru- 
mentality, authority  or  political  subdivision  having  legal 
authority  to  issue  the  same,  of  the  United  States  of  Amer- 
ica, Canada,  any  state,  District  of  Columbia,  territory  or 
possession  of  the  United  States  of  America  or  of  any  prov- 
ince of  Canada,  or  of  any  county  or  incorporated  city  of  any 
state,  District  of  Columbia,  territory  or  possession  of  the 
United  States  of  America  or  of  any  province  of  Canada. 

(5)  Interest-bearing  bonds,  notes  or  other  interest- 
bearing  obligations  of  any  corporation  organized  under  the 
laws  of  the  United  States  of  America  or  of  Canada  or  prov- 
ince thereof,  or  under  the  laws  of  any  state,  District  of 
Columbia,  territory  or  possession  of  the  United  States  of 


996  ORDINANCES  Ord.  No.  851 

America.  Equipment  trust  obligations  or  certificates  or 
other  secured  instruments  evidencing  an  interest  in  trans- 
portation or  other  equipment  wholly  or  in  part  within  the 
United  States  of  America  or  Canada  with  a  right  to  re- 
ceive determined  portions  of  rental,  purchase  price  or  other 
fixed  obligatory  payments  for  the  use  or  purchase  of  such 
transportation  or  other  equipment. 

(6)  Dividend-paying  stocks  or  shares  of  any  corpora- 
tion created  or  existing  under  the  laws  of  the  United  States 
of  America,  Canada  or  province  thereof,  or  of  any  state, 
District  of  Columbia,  territory  or  possession  of  the  United 
States  of  America;  provided,  however,  that  such  invest- 
ment in  stocks  shall  not  exceed  50%  of  the  total  assets  of 
the  funds  of  the  Fire  and  Police  Employees  Retirement 
System  referred  to  herein. 

(7)  Loans  secured  by  first  mortgages,  or  deeds  of  trust, 
on  unencumbered  fee-simple  or  improved  leasehold  real 
estate  in  the  District  of  Columbia  or  in  any  state  of  the 
United  States  of  America  or  province  of  Canada.  Whenever 
such  loans  are  made  upon  fee-simple,  or  leasehold  real  es- 
tate which  is  improved  by  a  building  or  buildings,  the  said 
improvements  shall  be  insured  against  loss  by  fire  and  such 
other  casualties  as  are  included  in  extended  coverage  poli- 
cies, and  the  said  insurance  policies  shall  contain  the  New 
York  or  Massachusetts  standard  mortgage  clause  or  one 
equivalent  thereto  and  shall  be  delivered  to  the  mortgagee 
as  additional  security  for  the  said  loans.  Bonds,  notes  or 
other  evidence  of  indebtedness  secured  by  mortgages  or 
deeds  of  trust  which  are  guaranteed  or  insured  by  an  in- 
strumentality of  the  United  States  pursuant  to  acts  of  Con- 
gress, as  heretofore  and  hereafter  amended,  known  as  the 
National  Housing  Act,  Servicemen's  Readjustment  Act  of 
1944,  and  the  Bankhead-Jones  Farm  Tenant  Act;  and 
neither  the  limitations  of  this  section  nor  any  other  law  of 
this  State  requiring  security  upon  which  loans  shall  be 
made,  or  prescribing  the  nature,  amount  or  forms  of  such 
security,  or  limiting  the  interest  rates  upon  loans,  shall  be 
deemed  to  apply  to  such  insured  or  guaranteed  mortgage 
loans.  Provided,  however,  that  such  investments  in  mort- 
gages shall  not  exceed  25%  of  the  total  assets  of  the  funds 
of  the  Fire  and  Police  Employees  Retirement  System  re- 
ferred to  herein,  and  upon  a  foreclosure  of  its  own  mort- 


ORDINANCES  997 

gages  or  an  acceptance  of  a  deed  in  lieu  of  foreclosure  by 
the  Trustees,  the  said  Trustees  shall  have  the  right  to  pur- 
chase, hold,  operate,  lease,  manage  and/or  sell  the  subject 
real  estate. 

(8)  Ground  rents  in  the  State  of  Maryland. 

(9)  Interest,  rents  or  other  fixed  income  due  and  ac- 
crued on  any  of  the  investments  authorized  in  the  preced- 
ing subsections. 

Provided,  however,  that  nothing  in  this  amendatory  or- 
dinance shall  be  deemed  to  render  illegal  or  to  invalidate 
the  making  and  holding  of  any  investment  heretofore  made 
and  now  held  by  the  Board  of  Trustees  of  the  said  funds 
where  such  investment  when  made  was  authorized  by  law 
prior  to  the  enactment  of  this  amendatory  ordinance;  and 
provided  further,  that  nothing  herein  shall  be  deemed  to 
prevent  the  Board  of  Trustees  from  accepting,  in  lieu  or 
substitution  of  securities  representing  investments  here- 
tofore validly  made,  other  securities  not  of  the  kind  enu- 
merated but  authorized  by  ordinance  as  investments  for 
the  said  Board  prior  to  the  enactment  of  this  amendatory 
ordinance,  where  the  Board  shall  deem  such  substitution  of 
securities  necessary  to  preserve  the  investment  of  the  said 
funds.  Subject  to  the  terms,  provisions  and  conditions  con- 
tained herein,  said  Trustees  shall  have  full  power  to  hold, 
purchase,  sell,  assign,  transfer,  and  dispose  of  any  of  the 
securities  and  investments  in  which  any  of  the  funds 
created  herein  shall  have  been  invested,  as  well  as  the  pro- 
ceeds of  said  investments  and  any  moneys  belonging  to  said 
funds. 

(b)  Interest.  The  Board  of  Trustees  annually  shall 
credit  regular  interest  on  the  mean  amount  for  the  preceding 
year  in  each  of  the  funds.  The  amounts  so  allowed  shall  be 
due  and  payable  to  said  funds,  and  shall  be  annually  credited 
thereto  by  the  Board  of  Trustees  from  interest  and  other 
earnings  on  the  moneys  of  the  Retirement  System.  Any  dif- 
ference between  the  earnings  of  the  fund  of  this  Retirement 
System  as  determined  in  accordance  with  an  appropriate 
asset  valuation  method  giving  recognition  to  actual  earnings 
of  the  funds,  and  the  required  earnings  based  on  the  regular 
interest  rate  used  for  valuation  purposes,  shall  be  applied  by 
the  Board  of  Trustees  in  such  amount  or  amounts  as  they 


998  ORDINANCES  Ord.  No.  851 

determine  to  either  (1)  increase  or  decrease  the  amount 
contributed  by  the  City  of  Baltimore,  and/or  (2)  to  in- 
crease or  decrease  the  period  over  which  the  unfunded  ac- 
crued liability  will  be  amortized  as  provided  in  Section 
36(d)(4). 

The  increase  or  decrease  of  contribution  and/or  the  in- 
crease or  decrease  in  length  of  amortization  period  shall  be 
determined  by  the  actuary  engaged  by  the  Board,  on  the 
basis  of  the  regular  interest  rate  used  for  valuation  pur- 
poses and  of  such  mortality  and  other  tables  as  shall  be 
adopted  by  the  Board  of  Trustees. 

(c)  Custodian.  The  City  Treasurer  of  the  City  of  Balti- 
more shall  be  the  custodian  of  the  several  funds.  All  pay- 
ments from  said  funds  shall  be  made  by  him  only  upon 
vouchers  signed  by  two  persons  designated  by  the  Board  of 
Trustees.  A  duly  attested  copy  of  a  resolution  of  the  Board 
of  Trustees  designating  such  persons  and  bearing  upon  its 
face  specimen  signatures  of  such  persons  shall  be  filed  with 
the  City  Treasurer  as  his  authority  for  making  payments 
upon  such  vouchers.  No  voucher  shall  be  drawn  unless  it 
shall  have  been  previously  authorized  by  resolution  of  the 
Board  of  Trustees. 

(d)  Cash  on  deposit.  For  the  purpose  of  meeting  dis- 
bursements for  pensions,  annuities,  and  other  payments 
there  may  be  kept  available  cash,  not  exceeding  ten  per 
centum  of  the  total  amount  in  the  several  funds  of  the  re- 
tirement system,  on  deposit  in  one  or  more  banks  or  trust 
companies  of  the  City  of  Baltimore,  organized  under  the 
laws  of  the  State  of  Maryland  or  of  the  United  States,  pro- 
vided that  the  sum  on  deposit  in  any  one  bank  or  trust 
company  shall  not  exceed  twenty-five  per  centum  of  the 
paid-up  capital  and  surplus  of  such  bank  or  trust  company. 

(e)  Conflict  of  interest.  Except  as  otherwise  herein  pro- 
vided, no  trustee  and  no  employee  of  the  Board  of  Trustees 
shall  have  any  direct  interest  in  the  gains  or  profits  of  any 
investment  made  by  the  Board  of  Trustees,  nor  as  such 
receive  any  pay  or  emolument  for  his  services.  No  trustee 
or  employee  of  the  Board  shall,  directly  or  indirectly,  for 
himself  or  as  an  agent  in  any  manner  use  the  same,  except 
to  make  such  current  and  necessary  payments  as  are  au- 
thorized by  the  Board  of  Trustees;  nor  shall  any  trustee 


ORDINANCES  999 

or  employee  of  the  Board  of  Trustees  become  an  endorser 
or  surety  or  in  any  manner  an  obligor  for  moneys  loaned 
by  or  borrowed  from  the  Board  of  Trustees. 

(f)  Nominee  registration  of  securities.  The  Board  of 
Trustees  is  hereby  empowered  to  authorize  the  City  Treas- 
urer to  place  securities  held  by  the  Board  in  the  name  of  a 
partnership  to  be  formed  under  the  laws  of  Maryland  for 
the  sole  and  specific  purpose  of  holding  such  securities  as 
the  nominee  of  the  Board  of  Trustees.  There  shall  be  three 
(3)  partners  in  said  partnership:  the  City  Treasurer,  the 
Deputy  City  Treasurer  and  the  Chairman  of  the  Board  of 
Trustees,  but  only  the  City  Treasurer  or  Deputy  City  Treas- 
urer shall  be  required  to  execute  the  documents  on  behalf 
of  the  partnership  which  may  be  necessary  or  proper  to 
transfer  any  of  such  securities.  The  articles  of  partnership 
and  any  agreement  between  the  partnership  and  the  Board 
of  Trustees  shall  be  prepared  by  the  City  Solicitor,  and 
shall  provide  that  the  City  Treasurer  at  all  times  shall  have 
complete  custody  of  the  securities  placed  in  the  partnership 
name,  and  that  such  partnership  may  act  only  as  the  agent 
of  the  Board  of  Trustees,  and  shall  contain  such  other 
terms  and  conditions  as  the  City  Solicitor  may  deem  appro- 
priate. The  partnership  is  hereby  further  authorized  to 
enter  into  agreements  with  various  banks  or  other  financial 
institutions  to  guarantee  the  signatures  made  on  behalf 
of  the  partnership.  The  articles  of  partnership  and  all  agree- 
ments executed  pursuant  hereto  shall  be  subject  to  the 
approval  of  the  Board  of  Estimates.] 

(a)  Trustee  of  Funds.  The  Board  of  Trustees  shall  be 
the  trustees  of  the  several  funds  of  the  Fire  and  Police  Em- 
ployees  Retirement  System  of  Baltimore  created  by  Article 
22  under  this  subtitle  as  provided  in  Section  36.  The  Board 
of  Trustees  shall  have  the  power  to  invest  and  reinvest  such 
funds  in  the  following  types  or  classes  of  assets  subject  to 
the  limitations,  if  any,  as  set  forth  with  regard  to  each  type 
or  class  of  investment. 

(1)  Deposits  in  savings  accounts,  or  other  evidences  of 
deposit  in  national  or  state  banks  and  trust  companies. 

To  the  extent  thai  such  an  investment  or  account  is  in- 
sured by  the  Federal  Savings  and  Loan  Insurance  Corpora- 
tion, or  by  the  Maryland  Savings  Share  Insurance  Corpora- 


1000  ORDINANCES  Ord.  No.  851 

tion,  said  Trustees  may  invest  in  shares  of  savings  and  loan 
associations  or  building  and  loan  associations  in  the  State 
of  Maryland. 

(2)  Interest-bearing  bonds,  notes,  certificates  of  in- 
debtedness, bills  or  other  direct  interest-bearing  obligations 
fully  guaranteed  both  as  to  principal  and  interest  by  the 
United  States  of  America,  or  by  Canada,  and  obligations  of 
the  International  Bank  for  Reconstruction  and  Develop- 
ment and  obligations  of  the  Inter-American  Development 
Bank. 

(3)  Interest-bearing  bonds  of  any  state,  District  of 
Columbia,  territory  or  possession  of  the  United  States  of 
America,  or  of  any  province  of  Canada,  or  of  any  county, 
or  incorporated  city  of  any  state,  District  of  Columbia, 
territory  or  possession  of  the  United  States  of  America,  or 
any  Canadian  municipality. 

(U)  Interest-bearing  bonds  of  any  commission,  instru- 
mentality, authority  or  political  subdivision  having  legal 
authority  to  issue  the  same,  of  the  United  States  of  America, 
Canada,  any  state,  District  of  Columbia,  territory  or  pos- 
session of  the  United  States  of  America  or  of  any  province 
of  Canada,  or  of  any  county  or  incorporated  city  of  any 
state,  District  of  Columbia,  territory  or  possession  of  the 
United  States  of  America  or  of  any  province  of  Canada. 

(5)  Interest-bearing  bonds,  notes  or  other  interest- 
bearing  obligations  of  any  corporation  organized  under  the 
laws  of  the  United  States  of  America  or  of  Canada  or 
province  thereof,  or  under  the  laws  of  any  state,  District  of 
Columbia,  territory  or  possession  of  the  United  States  of 
America.  Equipment  trust  obligations  or  certificates  or 
other  secured  instruments  evidencing  an  interest  in  trans- 
portation or  other  equipment  wholly  or  in  part  within  the 
United  States  of  America  or  Canada  ivith  a  right  to  receive 
determined  portions  of  rental,  purchase  price  or  other  fixed 
obligatory  payments  for  the  use  or  purchase  of  such  trans- 
portation or  other  equipment. 

(6)  Publicly-traded  preferred  or  common  stocks  or 
shares  of  any  corporation  created  or  existing  under  the  laws 
of  the  United  States  of  America,  Canada  or  province  there- 
of, or  of  any  state,  District  of  Columbia,  territory  or  pos- 


ORDINANCES  1001 

session  of  the  United  States  of  America;  provided  however, 
that  such  investments  in  stocks  shall  not  exceed  fifty  per- 
cent (50c/o)  of  the  total  market  value  of  all  the  assets  of  the 
funds  of  the  Fire  and  Police  Employees  Retirement  Sys- 
tem referred  to  herein.  An  evaluation  of  the  total  assets  of 
the  Retirement  System  shall  be  made  at  least  once  in  every 
three  (3)  months,  for  the  purposes  of  maintaining  this  fifty 
percent  (50%)  limitation. 

(7)  Covered  call  options  may  be  sold  by  the  Fire  and 
Police  Employees  Retirement  System  when  the  underlying 
common  stock  is  held  in  the  equity  portfolio  and  when  such 
options  are  actively  traded  on  a  public  exchange,  provided, 
however,  that  options  are  not  sold  on  more  than  twenty-five 
percent  (25%)  of  the  total  market  value  of  common  stocks 
held  in  the  portfolio.  Purchase  of  options  will  be  permitted 
only  when  closing  out  a  previously  written  covered  call 
option. 

(8)  Loans  secured  by  first  mortgages,  or  deeds  of  trust, 
on  unencumbered  fee-simple  or  improved  leasehold  real 
estate  in  the  District  of  Columbia  or  in  any  state  of  the 
United  States  of  America  or  province  of  Canada.  Whenever 
such  loans  are  made  upon  fee-simple,  or  leasehold  real  estate 
which  is  improved  by  a  building  or  buildings,  the  said  im- 
provements shall  be  insured  against  loss  by  fire  and  such 
other  casualties  as  are  included  in  extended  coverage 
policies,  and  the  said  insurance  policies  shall  contain  the 
Neiv  York  or  Massachusetts  standard  mortgage  clause  or 
one  equivalent  thereto  and  shall  be  delivered  to  the  mort- 
gagee as  additional  security  for  the  said  loans.  Bonds,  notes 
or  other  evidence  of  indebtedness  secured  by  mortgages  or 
deeds  of  trust  which  are  guaranteed  or  insured  by  an  instru- 
mentality of  the  United  States  pursuant  to  acts  of  Congress, 
as  heretofore  and  hereafter  amended,  knotvn  as  the  Na- 
tional Housing  Act,  Servicemen's  Readjustment  Act  of  19UU, 
and  the  Bankhead-J ones  Farm  Tenant  Act;  and  neither  the 
limitations  of  this  section  nor  any  other  law  of  this  State 
requiring  security  upon  which  loans  shall  be  made,  or  pre- 
scribing the  nature,  amount  or  forms  of  such  security,  or 
limiting  the  interest  rates  upon  loans,  shall  be  deemed  to 
apply  to  such  insured  or  guaranteed  mortgage  loans.  Pro- 
vided, however,  that  such  investments  in  mortgages  shall  not 
exceed  twenty-five  percent  (25%)  of  the  total  market  value 


1002  ORDINANCES  Ord.  No.  851 

of  all  the  assets  of  the  funds  of  the  Fire  and  Police  Em- 
ployees Retirement  System  referred  to  herein  and  an  evalu- 
ation of  the  total  assets  of  the  Retirement  System  shall  be 
made  at  least  once  in  every  three  (3)  months,  for  the  pur- 
pose of  maintaining  this  tiventy-five  percent  (25°Jc)  limita- 
tion. Upon  a  foreclosure  of  its  own  mortgages  or  an  ac- 
ceptance of  a  deed  in  lieu  of  foreclosure  by  the  Trustees, 
the  said  Trustees  shall  have  the  right  to  purchase,  hold, 
operate,  lease,  manage  and /or  sell  the  subject  real  estate. 

(9)  Gi^ound  rents  in  the  State  of  Maryland. 

(10)  Interest,  rents  or  other  fixed  income  due  and  ac- 
crued on  any  of  the  investments  authorized  in  the  pre- 
ceding subsections. 

The  Board  of  Trustees  shall  have  the  duty  and  responsi- 
bility of  periodically  determining  investment  policies  con- 
sistent with  the  above  limitations,  the  capital  market  en- 
vironment, and  the  actuarial  characteristics  of  the  Fire  and 
Police  Employees  Retirement  System  and  to  publish  such 
investment  policy  guidelines  by  fili/ng  a  copy  thereof  with 
the  Department  of  Legislative  Reference  of  Baltimore  City, 
and  after  January  1,  1979,  also  by  publication  in  the  Mu- 
nicipal Journal, 

All  contributions  from  time  to  time  paid  into  the  several 
funds,  and  the  income  thereof,  without  distinction  between 
principal  and  income,  shall  be  held  and  administered  by  the 
Board  of  Trustees  or  its  agents  in  the  funds,  and  the  Board 
shall  not  be  required  to  segregate  or  invest  separately  any 
portion  of  the  funds. 

Provided,  however,  that  nothing  in  this  amendatory  ordi- 
nance shall  be  deemed  to  render  illegal  or  to  invalidate  the 
making  and  holding  of  any  investment  heretofore  made 
and  noiv  remaining  in  said  funds  where  such  investment 
when  made  was  authorized  by  law  prior  to  the  enactment  of 
this  amendatory  ordinance;  and  provided  further,  that 
nothing  herein  shall  be  deemed  to  prevent  the  Board  of 
Trustees  from  accepting,  in  lieu  or  substitution  of  securities 
representing  investments  heretofore  validly  made,  other 
securities  not  of  the  kind  enumerated  but  authorized  by 
ordinance  as  investments  for  the  said  Board  prior  to  the  en- 
actment of  this  amendatory  ordinance,  tvhere  the  Board 


ORDINANCES  1003 

shall  deem  such  substitution  of  securities  desirable  to  pre- 
serve the  investment  of  the  said  funds.  Subject  to  the  terms, 
provisions  and  conditions  contained  herein,  said  Trustees 
shall  have  full  power  to  hold,  purchase,  sell,  assign,  trans- 
fer, and  dispose  of  any  of  the  securities  and  investments  in 
which  any  of  the  funds  created  herein  shall  have  been  in- 
vested, as  well  as  the  proceeds  of  said  investments  and  any 
moneys  belonging  to  said  funds. 

(b)  Interest.  As  of  July  1,  1978,  the  Trustees  will  de- 
termine the  "carrying  value"  of  the  Fund  in  accordance 
with  the  asset  valuation  method  theretofore  employed,  and 
the  "adjusted  market  value"  of  the  Fund  representing  an 
average  fair  market  value  as  of  that  date. 

During  the  1979  fiscal  year,  the  Trustees  will  establish  a 
"Reserve  for  Book  Value"  as  of  July  1,  1978,  equal  to  the 
difference  as  of  that  date  behveen  the  carrying  value  and 
the  adjusted  market  value  of  the  Fund.  On  that  date  and 
on  each  annual  valuation  date  thereafter,  the  value  of  the 
Fund  assets  FOR  ACTUARIAL  VALUATION  PURPOSES 
will  be  carried  at  (1)  the  then  current  adjusted  market 
value,  plus  (2)  the  Reserve  for  Book  Value. 

The  Board  of  Trustees  annually  shall  credit  regular  in- 
terest less  the  investment  management,  custodian  and  in- 
vestment adviser  costs  on  the  mean  amount  for  the  pre- 
ceding year  in  each  of  the  funds.  After  payment  of  pension 
fund  management,  custodian,  and  investment  adviser  serv- 
ices as  provided  in  Sections  35(g)  and  US  (a),  any  excess  of 
the  earnings  of  the  funds  of  this  Retirement  System  as  de- 
termined in  accordance  with  an  appropriate  asset  valuation 
method  giving  effect  to  actual  earnings  of  the  funds,  over 
the  earnings  based  on  the  regular  interest  rate  used  for 
valuation  purposes,  shall  first  be  applied  by  the  Board  of 
Trustees  to  meet  the  conditions  of  any  asset  averaging 
method  then  in  use  under  the  System. 

An  additional  amount  equal  to  one  and  one-half  percent 
of  the  mean  amount  for  the  preceding  year  im  each  of  the 
funds  will  be  deducted  from  the  remaining  excess  earnings, 
if  any,  and  applied  by  the  Board  of  Trustees  to  reduce  the 
remaining  balance,  if  any,  in  the  "Reserve  for  Book  Value" ; 
to  the  extent  that  excess  earnings  are  less  than  one  and  one- 
half  percent  per  annum,  the  City  of  Baltimore  shall  con- 


1004  ORDINANCES  Ord.  No.  851 

tribute  the  difference  to  the  "Reserve  for  Book  Value", 
averaged  over  a  five  year  period  in  accordance  with  the 
asset  valuation  method  theretofore  employed.  The  remaining 
excess  earnings,  if  any,  shall  next  be  applied  by  the  Board 
in  such  amount  or  amounts  as  they  determine  (1)  to  de- 
crease the  amount  contributed  by  the  City  of  Baltimore, 
and /or  (2)  to  decrease  the  period  over  which  the  unfunded 
accrued  liability  will  be  amortized  as  provided  in  Section 
36(d)(4),  and/or  (3)  to  reduce  the  remaining  balance,  if 
any,  in  the  "Reserve  for  Book  Value".  Any  deficiency  of  the 
earnings  of  the  funds  of  this  Retirement  System,  as  de- 
termined in  accordance  with  an  appropriate  asset  valuation 
method  giving  recognition  to  actual  earnings  of  the  funds, 
below  the  required  earnings  based  on  the  regular  interest 
rate  used  for  valuation  purposes  shall  first  be  applied  to 
meet  the  conditions  of  any  asset  averaging  method  then  in 
use  under  the  System;  the  remaining  deficiency  in  earnings, 
if  any,  shall  be  applied  by  the  Board  of  Trustees  in  such 
amount  or  amounts  as  they  determine  either  (1)  to  increase 
the  amount  contributed  by  the  City  of  Baltimore,  and/or 
(2)  to  increase  the  period  over  which  the  unfunded  accrued 
liability  will  be  amortized  as  provided  in  Section  36(d)(4). 

The  increase  or  decrease  of  contribution  and/or  the  in- 
crease or  decrease  in  length  of  amortization  period  shall  be 
determined  by  the  Board  after  receiving  the  advice  of  the 
actuary  engaged  by  the  City,  on  the  basis  of  regular  interest 
rate  used  for  valuation  purposes,  and  of  such  mortality  and 
other  tables  as  shall  be  adopted  by  the  Board  of  Trustees. 

(c)  Cash  on  Deposit.  For  the  purpose  of  meeting  dis- 
bursements for  pensions,  annuities,  and  other  payments, 
there  may  be  kept  available  cash  on  deposit  in  one  or  more 
banks  or  trust  companies  located  in  the  City  of  Baltimore, 
organized  under  the  laivs  of  the  State  of  Maryland  or  of  the 
United  States,  in  such  amount  as  the  Trustees  may  by 
resolution  from  time  to  time  adopt,  not  exceeding  a  sum 
equal  to  the  estimated  disbursements  projected  for  a  period 
of  fifteen  days.  The  sums  on  deposit  in  bank  shall  be  secured 
by  collateral  posted  by  the  depositories  of  such  type  and 
amount  as  the  Commissioners  of  Finance  may  prescribe, 
but  in  no  event  shall  the  market  value  of  such  collateral  be 
less  than  one  hundred  percent  of  the  amount  on  deposit  cue- 


ORDINANCES  1005 

cording  to  the  depositories  records.  In  exercising  this  au- 
thority for  bank  deposits,  the  Trustees  shall  endeavor  to 
minimize  the  amount  of  such  deposits,  and  shall  consider 
appropriate  money  management  techniques,  including  wire 
transfers  of  funds  and  the  zero-balance-fee-for-service 
method  of  maintaining  bank  accounts.  In  no  event  shall  the 
bank  accounts  be  used  as  the  basis  for,  or  form  part  of  the 
basis  for  fees  for  the  investment  administrators  or  be  used 
to  provide  supplementary  compensation  for  such  investment 
administrators. 

(d)  Securities  Handling.  The  Custodian  designated  in 
the  Charter  of  Baltimore  City  (19  6 A  Revision,  as  amended) 
may  cause  any  investment  in  securities  held  by  the  Trustees 
to  be  registered  in  or  transferred  into  the  name  of  the 
Trustees  or  into  the  name  of  such  nominee  as  the  Cus- 
todian may  direct,  including  a  nominee  partnership  created 
by  the  Board  of  Trustees,  or  the  Custodian  may  retain  them 
unregistered  and  in  form  permitting  transferability,  and 
further  may  authorize  its  contractual  agents  to  deposit 
securities  with  "clearing  corporations"  as  defined  in  §  8-102 
of  Article  95B  of  the  Annotated  Code  of  Maryland  for  the 
express  purpose  of  having  such  clearing  corporations  act  as 
centralized  depositories  of  such  securities,  but  the  books  and 
records  of  the  Custodian  and  its  contractual  agents  shall  at 
all  times  show  that  all  such  investments  are  part  of  the 
several  funds  of  the  Fire  and  Police  Employees  Retirement 
System.  The  authority  to  make  use  of  a  clearing  corporation 
shall  include  the  authority  to  utilize  the  (<book  entry"  sys- 
tem of  the  United  States  Government,  and  agencies  thereof, 
for  which  the  Federal  Reserve  Bank  is  the  authorized  fiscal 
agent. 

(e)  Conflicts  of  interest.  Except  as  otherwise  herein  pro- 
vided, no  trustee  and  no  employees  of  the  Board  of  Trustees 
shall  have  any  direct  interest  in  the  gains  or  profits  of  any 
investment  made  by  the  Board  of  Trustees  or  their  desig- 
nees, nor  as  such  receive  any  pay  or  emolument  for  his 
services,  except  as  authorized  from  time  to  time  by  the 
Board  of  Estimates.  No  trustee  or  employee  of  the  Board 
shall,  directly  or  indirectly,  for  himself  or  as  an  agent  in 
any  manner  use  said  gains  or  profits,  except  to  make  such 
current  and  necessary  payments  as  are  authorized  by  the 


1006  ORDINANCES  Ord.  No.  851 

Board  of  Trustees;  nor  shall  any  trustee  or  employee  of  the 
Board  of  Trustees  become  an  endorser  or  surety  or  in  any 
manner  an  obligor  for  moneys  loaned  by  or  borrowed  from 
the  Board  of  Trustees. 

(f)  Trustee  fiduciary  liability.  Neither  the  Board  of 
Trustees  nor  any  agent,  person  or  other  entity  acting  on 
behalf  of  the  Board  of  Trustees  shall  be  liable  for  the 
making,  retention  or  sale  of  any  investment  or  reinvestment 
made  as  herein  provided,  nor  for  any  loss  or  diminution  of 
the  funds,  except  that  due  to  his  or  its  own  gross  negligence, 
wilful  misconduct  or  lack  of  good  faith. 

(g)  Custodian  and  supervision  of  funds.  The  City  of- 
ficial designated  m  the  Charter  of  Baltimore  City  (19  6U 
Revision,  as  amended)  shall  be  the  custodian  of  the  several 
funds  of  the  Fire  and  Police  Employees  Retirement  Sys- 
tem. Supervision  of  the  several  funds  of  the  Fire  and  Police 
Employees  Retirement  System  shall  be  vested  in  the  Board 
of  Trustees.  Subject  to  the  approval  of  the  Board  of  Esti- 
mates, the  Board  of  Trustees  may  hire  and  appoint  such 
persons,  agents  or  entities  (including  corporate  fiduciaries) 
as  m  its  discretion  may  be  required  or  advisable  to  enable 
it  to  perform  such  pension  fund  investment  management 
duties  hereunder;  provided  further,  that  subject  to  the  ap- 
proval of  the  Board  of  Estimates  the  Board  of  Trustees  may 
enter  into  agency  and  pension  fund  investment  management 
agreements  with  one  or  more  qualified  pension  fund  man- 
agers for  the  purpose  of  obtaining  pension  fund  investment 
management  for  the  Fire  and  Police  Employees  Retirement 
System  and  the  several  funds  thereof.  Payment  for  such 
investment  management  services  shall  be  made  from  the 
resources  of  the  pension  fund  or  funds. 

Sec.  3.  And  be  it  further  ordained,  That  subsections  (a) , 
(b),  (c)  and  (d)  of  Section  43  of  Article  22  of  the  Balti- 
more City  Code  (1976  Edition),  as  amended,  title  "Retire- 
ment Systems",  subtitle  "Advisory  Investment  Committee", 
be  and  they  are  hereby  repealed,  and  that  new  Subsections 
(a)  and  (b)  be  added  to  Section  43  of  said  Article  22,  to 
be  under  the  new  subtitle  "Investment  Advisors",  to  read 
as  follows: 


ORDINANCES  1007 

[ADVISORY  INVESTMENT  COMMITTEE] 

Investment  Advisors 
43.    [Created. 

(a)  Members.  There  shall  be  an  Advisory  Investment 
Committee  for  the  Board  of  Trustees  of  the  respective  re- 
tirement systems  established  under  this  Article  22;  said 
Committee  shall  serve  without  compensation  and  shall  con- 
sist of  three  persons  appointed  and  holding  office  as  pro- 
vided herein.  One  of  the  said  three  persons  shall  be  ap- 
pointed by  the  Board  of  Trustees  of  the  Employees  Retire- 
ment System,  one  shall  be  appointed  by  the  Board  of  Trus- 
tees of  the  Fire  and  Police  Employees  Retirement  System, 
and  one  shall  be  appointed  by  the  Mayor  of  the  City  of 
Baltimore ;  each  of  the  three  shall  be  appointed  from  among 
those  qualified  persons  who  have  demonstrated  their  ability 
and  experience  in  a  responsible  position  with  banks,  trust 
companies,  insurance  companies,  brokerage  firms  or  other 
similar  financial  institutions  doing  business  in  the  State  of 
Maryland  and  who  have  had  the  management  and  control 
of  large  investment  funds. 

(b)  Tenure.  The  regular  term  of  the  members  of  the 
said  Advisory  Investment  Committee  shall  be  three  years; 
initial  appointments  to  the  Committee  shall  date  from  the 
effective  date  of  this  Ordinance  and  shall  expire  as  follows : 
the  member  appointed  by  the  Mayor  shall  serve  until  De- 
cember 31,  1965,  the  member  appointed  by  the  Board  of 
Trustees  of  the  Fire  and  Police  Employees  Retirement  Sys- 
tem shall  serve  until  December  31,  1966,  and  the  member 
appointed  by  the  Board  of  Trustees  of  the  Employees  Re- 
tirement System  shall  serve  until  December  31, 1967.  There- 
after, appointments  shall  be  made  for  terms  of  three  years. 
A  person  may  be  appointed  to  successive  or  additional 
terms.  Vacancies  shall  be  filled  for  the  unexpired  term  in 
the  same  manner  that  the  initial  and  successive  appoint- 
ments are  to  be  made.  The  Mayor  shall  designate  one  mem- 
ber of  the  Committee  as  its  Chairman,  and  may,  from  time 
to  time,  withdraw  such  designation  and  designate  some 
other  member  of  the  Committee  as  Chairman. 

(c)  Duties.  The  Committee  shall  formulate  and  shall 
recommend  to  the  respective  Boards  of  Trustees  for  their 


1008  ORDINANCES  Ord.  No.  851 

adoption,  policy  to  be  followed  by  the  said  Boards  in  re- 
spect to  investment  of  the  retirement  systems'  funds  es- 
tablished under  this  Article,  subject  to  the  limitations  on 
the  said  Boards  provided  for  by  this  Article.  Nothing  herein 
contained  shall  be  construed  to  limit  in  any  manner  the 
authority  heretofore  conferred  by  this  Article  on  the  said 
Boards  over  the  management  of  the  said  several  retirement 
systems'  funds,  it  being  the  intent  of  this  section  that  the 
Advisory  Investment  Committee  established  herein  shall 
advise  and  make  recommendations  to  the  said  Boards  with 
respect  to  general  investment  policy,  but  that  final  deter- 
mination as  to  the  investment  of  any  of  the  said  funds 
shall  remain  with  the  said  respective  Boards  of  Trustees. 

(d)  In  the  event  that  the  Boards  of  Trustees  engage  a 
corporate  investment  administrator  having  an  advisory 
trust  committee,  or  similar  group,  which  includes  persons 
eligible  for  appointment  under  subsection  (a),  other  than 
employees  of  the  corporation,  the  Boards  of  Trustees  may 
approve,  with  the  concurrence  of  the  Board  of  Esti- 
mates, such  committee  in  lieu  of  the  Advisory  Investment 
Committee.] 

(a)  Subject  to  the  approval  of  the  Board  of  Estimates, 
the  Boards  of  Tntstees  of  the  respective  Retirement  Sys- 
tems established  under  this  Article  22  may  hire,  employ  or 
retain  qualified  persons  or  other  legal  entities  as  investment 
advisors.  The  duties  of  such  investment  advisors  shall  in- 
clude formulating  and  recommending  to  the  respective 
Boards  of  Trustees  for  their  adoption,  policy  to  be  followed 
by  the  said  Boards  in  respect  to  investment  of  the  retire- 
ment systems'  funds  established  under  this  Article,  subject 
to  the  limitations  on  the  said  Boards  pi^ovided  for  by  this 
Article;  and  monitoring  and  evaluating  the  investment  of 
the  retirement  systems'  funds,  and  the  performance  of  the 
investment  managers  ivith  respect  thereto.  Payment  for 
such  investment  advisory  services  shall  be  made  from  the 
resources  of  the  pension  fund  or  funds. 

(b)  Nothing  herein  contained  shall  be  construed  to 
limit  in  any  manner  the  authority  heretofore  conferred  by 
this  Article  on  the  said  Boards  of  Trustees  over  the  invest- 
ment and  management  of  the  said  several  retirement  sys- 
tems' funds,  it  being  the  intention  of  this  section  that  the 


ORDINANCES  1009 

investment  advisers  authorized  herein  shall  advise  and 
make  recommendations  to  the  said  Boards  with  respect  to 
general  investment  policy,  but  the  final  determination  as  to 
the  investment  and  management  of  any  of  the  said  funds 
shall  remain  with  the  said  respective  Boards  of  Trustees. 

Sec.  4.  And  be  it  further  or  darned,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  852 
(Council  No.  1797) 

An  Ordinance  authorizing  and  providing  for  the  exemption 
from  municipal  taxation  in  Baltimore  City  of,  and  accep- 
tance of  a  negotiated  payment  in  lieu  of  taxes  on,  prop- 
erty owned  or  to  be  owned  by  Mayor  and  City  Council 
of  Baltimore  and  leased  to  The  Chesapeake  Life  Insur- 
ance Company ;  making  certain  legislative  findings,  among 
others,  concerning  the  public  benefit  and  purpose  of  this 
ordinance;  providing  for  approval  of  an  agreement  be- 
tween the  City  and  the  Company,  which  agreement  in- 
cludes therein  the  amount  and  method  of  computing  the 
City's  share  of  net  income  from  the  property;  providing 
that  the  valuation  of  the  property  shall  be  maintained 
and  carried  on  the  assessment  books  as  though  the  prop- 
erty were  taxable  for  the  purposes  of  computing  pay- 
ments to  such  political  subdivisions  as  are  provided  in 
the  laws  of  the  State  of  Maryland ;  and  generally  provid- 
ing for  and  determining  various  matters  in  connection 
with  the  agreement  and  this  ordinance. 

Whereas,  Chapter  502  of  the  Laws  of  1978  (the  "En- 
abling Act")  amends  Section  8(7)  (e)  of  Article  81  of  the 
Annotated  Code  of  Maryland  (1957  Edition,  1975  Replace- 
ment Volume  and  1977  Supplement)  so  as  to  authorize  the 
Mayor  and  City  Council  of  Baltimore  (the  "City")  by  or- 


1010  ORDINANCES  Ord.  No.  852 

dinance  to  authorize  the  exemption  from  municipal  taxa- 
tion in  the  City  of  Baltimore  of,  and  acceptance  of  a  nego- 
tiated payment  in  lieu  of  taxes  on,  property  owned  by  the 
City  and  leased  to  a  private  business  conducted  for  profit, 
if  the  net  income  from  the  property  is  to  be  shared  with 
the  City,  although  requiring  that  the  valuation  of  the 
property  be  carried  on  the  assessment  books  as  though 
taxable  for  the  purposes  of  computing  payments  to  the 
political  subdivisions  provided  for  by  public  general  law; 
and 

Whereas,  as  part  of  the  overall  plan  and  strategy  for 
the  development  and  redevelopment  of  Baltimore,  the  City, 
acting  pursuant  to  various  provisions  of  the  Constitution 
and  public  general  laws  of  Maryland  and  the  Land  Develop- 
ment and  Redevelopment  provisions  contained  in  Section 
(15)  of  Article  II  of  the  City  Charter  (the  "Redevelop- 
ment Laws"),  has  sought  to  encourage  residential,  com- 
mercial and  related  opportunities  to  invest  and  reinvest  in 
the  downtown  Baltimore  area  in  order  to  hold  and  attract 
people  to  Baltimore.  One  of  the  specific  projects  of  that 
plan  and  strategy  is  the  rejuvenation  of  the  Mt.  Vernon 
area,  which  project  is  set  forth  in  the  Urban  Renewal 
Plan,  as  amended,  for  the  Mt.  Vernon  Urban  Renewal  Area 
created  by  Ordinance  No.  281,  enacted  bv  the  City  on  June 
22,  1964;  and 

Whereas,  the  area  generally  bounded  by  Hunter,  Centre, 
St.  Paul  and  Monument  Streets,  including  certain  air  rights 
(the  "Project  Area"),  which  has  been  or  will  be  acquired 
by  the  City  pursuant  to  the  Redevelopment  Laws,  is  a 
vital  element  in  the  rehabilitation  of  the  Mount  Vernon 
Urban  Renewal  Area  and  has  been  identified  by  the  City  as 
an  ideal  location  for  the  development  of  additional  resi- 
dential and  off-street  parking  facilities,  in  conjunction  with 
commercial  development;  and 

Whereas,  The  Chesapeake  Life  Insurance  Company  has 
proposed  to  develop  the  "Chesapeake  Center,"  on  the  Proj- 
ect Area,  which  will  consist  of  office  space,  residential 
units,  off-street  parking,  commercial  space  and  related  fa- 
cilities. The  Company,  which  currently  has  its  main  offices 
adjacent  to  the  Project  Area,  further  proposes  to  maintain 
and  expand  its  support  for  the  renewal  of  Baltimore  by 


ORDINANCES  1011 

(i)  utilizing  a  substantial  portion  of  the  office  space  of  the 
Chesapeake  Center  as  its  corporate  headquarters,  and  (ii) 
investing  a  significant  amount  of  equity  capital  in  the 
development  of  the  Chesapeake  Center;  and 

Whereas,  in  order  to  achieve  the  development  objec- 
tives authorized  by  the  Redevelopment  Laws,  the  City 
proposes  to  finance  the  Chesapeake  Center  by  the  issuance 
of  revenue  bonds  relating  to  different  elements  of  the 
Chesapeake  Center,  the  proceeds  of  which  will  either  be 
loaned  to  the  Company  or  utilized  by  the  City  to  acquire 
all  or  part  of  the  Chesapeake  Center,  or  a  combination 
thereof.  All  or  part  of  the  Chesapeake  Center  acquired  by 
the  City,  including  the  land  thereunder,  will  be  leased  to 
the  Company,  or  authorized  successors,  pursuant  to  such 
terms  as  are  negotiated  between  the  City  and  the  Company, 
in  compliance  with  the  applicable  bond  ordinance;  and 

Whereas,  on  July  13,  1977,  the  Board  of  Estimates  of 
the  City  approved  in  principle  the  payment  by  the  Com- 
pany of  a  fee  based  upon  a  percentage  of  normal  property 
taxes,  and  an  additional  amount  to  be  based  upon  the 
profits  from  the  project,  recognizing  that  the  Chesapeake 
Center  cannot  be  economically  constructed  and  maintained 
without  provision  for  such  a  payment  as  a  means  of  over- 
coming the  difficulties  associated  with  the  first  few  years 
of  development;  and 

Whoroas,  o»  June  T  1978,  the  Board  of  Estimates 
approvod  the  form  an4  terms  of  the  agreement  to  be  en- 
tered iftto  botwoon  the  City  a&4  the  Company;  aa4 

Whereas,  the  development  of  the  Chesapeake  Center  is 
in  the  best  interests  of  Baltimore  and  the  Mount  Vernon 
Urban  Renewal  Area  and  will  achieve  significant  public 
benefits  and  purposes,  including  (i)  the  development  of 
land  acquired  by  the  City  pursuant  to  the  Redevelopment 
Laws,  (ii)  the  provision  of  essential  residential,  off-street 
parking,  commercial  office  and  retail  facilities  in  the  Mount 
Vernon  Urban  Renewal  Area  and  in  Baltimore,  (iii)  the 
prevention  of  deterioration  of  existing  commercial  and  resi- 
dential facilities  and  neighborhoods  in  Baltimore,  and  (iv) 
the  encouragement  of  rejuvenation  of  the  Mount  Vernon 
Urban  Renewal  Area  and  Baltimore's  downtown  area, 
thereby   further   encouraging   economic   development   and 


1012  ORDINANCES  Ord.  No.  852 

protecting-  the  health,  welfare  and  safety  of  the  citizens 
of  the  State  of  Maryland  and  of  Baltimore ;  and 

Whereas,  the  enactment  of  the  Enabling  Law  by  the 
General  Assembly  of  Maryland,  its  signature  by  the  Gov- 
ernor of  Maryland  and  the  absence  of  the  filing-  of  any 
petition  for  referendum  thereon  have  completed  all  events 
necessary  to  provide  the  authority  for  the  City  to  enter 
into  an  agreement  with  the  Company,  which  agreement, 
when  APPROVED  AND  executed  as  authorized  by  this  or- 
dinance, will  permit  the  commencement  of  the  Chesapeake 
Center  and  the  achievement  of  the  public  purposes  recited 
herein. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
vf  Baltimore,  That  it  is  hereby  found  and  determined 
that: 

(1)  There  is  a  need  for  additional  residential,  off-street 
parking",  commercial  office,  retail  and  related  facilities  in 
the  Mount  Vernon  Urban  Renewal  Area  and  in  Baltimore 
as  a  result  of  which  there  has  been  a  movement  of  finan- 
cially self-sufficient  taxpayers  out  of  Baltimore  to  surround- 
ing subdivisions. 

(2)  The  authorization  and  the  execution  of  an  agree- 
ment, which  will  provide  for  the  payment  of  an  amount  in 
lieu  of  normal  property  taxes  payable  to  the  City,  will  sub- 
stantially aid  in  achieving  the  development  objectives  au- 
thorized by  the  Land  Development  and  Redevelopment  pro- 
visions of  Section  (15)  of  Article  II  of  the  City  Charter, 
will  foster  both  the  creation  of  new  residential,  commer- 
cial and  off-street  parking  facilities  and  the  renovation  and 
rehabilitation  of  existing  facilities,  and  will  encourage  in- 
vestment and  reinvestment  in  such  development  activity  by 
private  industry  in  both  the  Mount  Vernon  Urban  Renewal 
Area  and  Baltimore  on  land  now  lying  largely  vacant. 

Sec.  2.  And  be  it  further  ordained,  That,  acting  pur- 
suant to  the  provisions  of  Section  8(7)  (e)  of  Article  81  of 
the  Annotated  Code  of  Maryland  as  amended  by  Chapter 
502  of  the  Laws  of  Maryland  of  1978,  the  City  is  hereby 
authorized  to  exempt  from  municipal  taxation  in  Baltimore 
the  Chesapeake  Center,  and  to  accept  a  payment  in  lieu 
thereof  consisting  of  -fa)-  the  fractional  porcontago  of  the 


ORDINANCES  1013 

municipal  taxos  otherwise  dwey  plus  4&±  a  share  of  the  set 
incomo  of  the  project,  ail  as  computed  in  accordance  with 
the  terms  of  the  agreement  approved  by  the  Board  of  Es- 
timates e»  Juno  T  1978  to  fee  executed  fey  a»4  botwoon 
the  City  a»4  the  Company  -(the  "Agreement"). 

THEREOF  CONSISTING  OF  (A)  A  FRACTIONAL  PER- 
CENTAGE, BUT  NOT  LESS  THAN  25%,  OF  THE  MU- 
NICIPAL TAXES  OTHERWISE  DUE,  PLUS  (B)  A 
50%  SHARE  OF  THE  NET  INCOME  OF  THE  PROJECT, 
ALL  AS  COMPUTED  IN  ACCORDANCE  WITH  SUCH 
TERMS  AS  ARE  CONTAINED  IN  AN  AGREEMENT  TO 
BE  APPROVED  BY  THE  BOARD  OF  ESTIMATES  AND, 
UPON  SUCH  APPROVAL,  TO  BE  EXECUTED  BY  AND 
BETWEEN  THE  CITY  AND  THE  COMPANY  (THE 
"AGREEMENT"). 

Sec.  3.  And  be  it  further  ordained,  That  valuations  and 
assessments  of  the  various  portions  of  the  Chesapeake 
Center  shall  be  determined  in  accordance  with  practices 
consistent,  at  the  time  of  determination,  with  those  then 
generally  in  use,  or  in  use  for  the  particular  type  of  struc- 
ture or  activity.  The  valuations  and  assessments  thus  de- 
termined shall  be  maintained  on  the  assessment  books  as 
though  the  Chesapeake  Center,  or  any  portion  thereof,  was 
fully  taxable,  for  purposes  of  (a)  determining  the  amount 
to  be  paid  by  the  Company  pursuant  to  the  Agreement; 

(b)  determining  the  amount  to  be  payable  in  the  event  that 
all  or  part  of  the  Chesapeake  Center  is  sold  or  transferred 
by  the  City  to  the  Company,  or  its  authorized  assigns ;  and 

(c)  computing  payments  to  the  several  political  subdivi- 
sions which  are  provided  for  in  the  laws  of  the  State  and 
which  in  any  manner  are  based  upon  or  related  to  assess- 
ments and  assessed  valuation. 

Sec.  4.  And  be  it  further  ordained,  That,  the  provisions 
of  this  ordinance  are  severable. 

Sec.  5.  And  be  it  further  ordained,  That,  this  ordinance 
shall  take  effect  fcly  h  ±&&  FROM  THE  DATE  OF  ITS 
PASSAGE. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


1014  ORDINANCES  Ord.  No.  854 

No.  853 
(Council  No.  1798) 

An  Ordinance  providing  for  reserved  parking  on  the  south 
side  of  Hamilton  Street  near  St.  Paul  Place  (Lower 
Level)  for  a  Judge  of  Maryland  Tax  Court. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  on  the  south  side  of  Hamilton  Street, 
from  St.  Paul  Place  (Lower  Level)  to  a  point  30  feet  east 
thereof,  parking  is  reserved  for  a  Judge  of  Maryland  Tax 
Court  displaying  permit. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  July  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  854 
(Council  No.  1184) 

An  Ordinance  to  authorize  the  use  of  the  property  lying 
northwest  of  Garrison  Avenue  and  extending  from  Park 
Heights  Avenue  to  Palmer  Avenue,  as  outlined  in  red  on 
the  plat  accompanying  this  ordinance,  for  an  open  air 
off-street  parking  facility  in  a  R-6  District  and  a  B-2-2 
District,  pursuant  to  Sections  4.6-ld,  6.2-ld,  and  11.0-6d 
of  Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "The  Zoning  Ordinance  of  Baltimore"  (Ordinance 
No.  1051)  approved  April  20,  1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  property  lying  northwest  of  Garrison 
Avenue  and  extending  from  Park  Heights  Avenue  to  Palmer 
Avenue,  as  outlined  in  red  on  the  plat  accompanying  this 
ordinance  be  and  it  is  hereby  authorized  for  use  as  an  open 
air  off-street  parking  facility  in  a  R-6  District  and  a  B-2-2 


ORDINANCES  1015 

District,  pursuant  to  Sections  4.6-ld,  6.2-ld,  and  11.0-6d  of 
Article  30  of  The  Baltimore  City  Code  (1966  Edition), 
Title  "The  Zoning  Ordinance  of  Baltimore"  (Ordinance  No. 
1051)  approved  April  20,  1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the 
ordinance,  he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  the  ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning  Ap- 
peals, the  Planning  Commission,  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development,  the 
Commissioner  of  Transit  and  Traffic,  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  August  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  855 
(Council  No.  1588) 

An  Ordinance  granting  permission  to  A.M.E.  Properties, 
Inc.  for  the  establishment,  maintenance,  and  operation 
of  an  open  area  for  the  parking  of  motor  vehicles  in  the 
B-2-2  District  on  the  property  on  the  north  side  of 
Eastern  Avenue,  east  from  South  Clinton  Street  known 
as  3300  to  3308  Eastern  Avenue  as  outlined  in  red  on  the 
plats  accompanying  this  ordinance,  under  the  provisions 
of  Sections  6.2-ld  and  11.0-6d  of  Article  30  of  the  Balti- 
more  City   Code    (1976   Edition),   title   "Zoning   Ordi- 


1016  ORDINANCES  Ord.  No.  856 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  be  and  the  same  is  hereby- 
granted  to  A.M.E.  Properties,  Inc.,  for  the  establishment, 
maintenance,  and  operation  of  an  open  area  for  the  parking 
of  motor  vehicles  in  the  B-2-2  District  on  the  property  on 
the  north  side  of  Eastern  Avenue,  east  from  South  Clinton 
Street,  known  as  3300  to  3308  Eastern  Avenue  as  outlined 
in  red  on  the  plats  accompanying  this  ordinance,  under 
the  provisions  of  Sections  6.2-ld  and  11.0-6d  of  Article  30 
of  the  Baltimore  City  Code  (1976  Edition),  title  "Zoning 
Ordinance". 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  the  ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning 
Appeals,  the  Planning  Commission,  the  Commissioner  of 
the  Department  of  Housing  and  Community  Development, 
the  Commissioner  of  Transit  and  Traffic,  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  30  days  from  the  date  of  its  passage. 

Approved  August  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  856 
(Council  No.  1785) 

An  Ordinance  to  add  new  Section  67 A  to  Article  31  of  the 
Baltimore  City  Code  (1976  Edition),  title  "Transit  and 
Traffic",  new  subtitle  "Additional  Parking  Restrictions", 
and  new  Section  128B  to  said  Article  31,  subtitle  "Im- 


ORDINANCES  1017 

pounding  Areas",  prohibiting  unauthorized  stopping  in 
spaces  reserved  for  disabled  persons,  PROVIDING  CER- 
TAIN ARRANGEMENTS  FOR  THE  POSTING  OF 
SIGNS,  and  providing  that  spaces  marked  as  restricted 
to  the  use  of  disabled  persons  are  impounding  areas. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  67A  be  and  it  is  hereby 
added  to  Article  31  of  the  Baltimore  City  Code  (1976  Edi- 
tion), title  'Transit  and  Traffic",  to  be  under  new  subtitle 
"Additional  Parking  Restrictions",  and  to  read  as  follows : 

Additional  Parking  Restrictions 

67  A.     Space  reserved  for  disabled  persons. 

A  vehicle  without  special  registration  plates  for  disabled 
persons  may  not  be  stopped  in  a  space  or  zone  marked  as 
restricted  to  the  use  of  disabled  persons,  on  private  prop- 
erty open  to  the  use  of  the  general  publicr  ,  PROVIDED 
THAT  THE  SPACE  OR  ZONE  IS  MARKED  BY  A  SIGN 
WHICH  MEETS  THE  FOLLOWING  SPECIFICATIONS 
SET  BY  THE  COMMISSIONER  OF  TRANSIT  AND 
TRAFFIC: 

(A)  SIGN  SIZE  18"  X  2U" 

(B)  WHEELCHAIR  SYMBOL,  WHITE  ON  BLUE 
BACKGROUND 

(C)  SIGN  TO  READ:  PARKING  FOR  (WHEEL- 
CHAIR  SYMBOL)  VEHICLES  DISPLAYING  HANDI- 
CAPPED TAGS  CARS  TOWED  AWAY  ORD 

(D)  RED  LETTERS  ON  WHITE  BACKGROUND 
AND  RED  BORDER.  SIGNS  SHALL  BE  APPROVED 
BY  THE  COMMISSIONER  OF  TRANSIT  AND  TRAF- 
FIC. AFTER  ERECTION  OF  A  HANDICAPPED  PARK- 
ING SIGN,  THE  OWNER  OF  THE  PROPERTY  SHALL 
NOTIFY  THE  COMMISSIONER  OF  TRANSIT  AND 
TRAFFIC  THAT  A  SIGN  HAS  BEEN  POSTED  IN  AC- 
CORDANCE WITH  THIS  ORDINANCE. 

Sec.  2.  And  be  it  further  ordained,  That  new  Section  128B 
be  and  it  is  hereby  added  to  Article  31  of  the  Baltimore 
City  Code  (1976  Edition),  title  'Transit  and  Traffic",  sub- 
title "Impounding  Areas",  to  read  as  follows: 


1018  ORDINANCES  Ord.  No.  857 

128B.  Spaces  reserved  for  disabled  persons. 

Within  any  space  or  zone  marked  as  restricted  ,  PUR- 
SUANT TO  SECTION  67 A  OF  THIS  ARTICLE,  to  the  use 
of  disabled  persons  on  private  property  open  to  the  use  of 
the  general  public,  except  for  vehicles  with  special  registra- 
tion plates  for  disabled  persons. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  August  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  857 
(Council  No.  1839) 

An  Ordinance  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  pursuant  to  and  in  accordance  with  the  Mary- 
land Industrial  Development  Financing  Authority  Act  to 
borrow  a  sum  of  money  not  to  exceed  Four  Hundred 
Thousand  Dollars  ($400,000,00)  THREE  HUNDRED 
EIGHTY -SEVEN  THOUSAND  SEVEN  HUNDRED 
TWENTY-ONE  DOLLARS  ($387,721),  and  use  the  same 
for  acquisition,  improvements,  rehabilitation  and  addi- 
tions to  the  industrial  project  on  the  property  known  as 
3001  Grantley  Avenue,  Baltimore,  Maryland,  and  lease 
same  to  Flynn  &  Emrich  Company,  and  to  borrow  a  sum 
of  money  not  to  exceed  Six  Hundred  Eighty  Thousand 
Dollars  ($680,000,00)  SIX  HUNDRED  NINETY-FIVE 
THOUSAND  SIX  HUNDRED  EIGHTY-SIX  DOLLARS 
($695,686),  and  use  the  same  to  acquire  and  install  ma- 
chinery and  equipment  for  lease  to  the  Flynn  &  Emrich 
Company;  to  execute  the  necessary  legal  documents  to 
secure  said  loans;  and  conferring  and  imposing  upon  the 
Department  of  Housing  and  Community  Development 
certain  powers  and  duties. 

Whereas,  Ordinance  No.  1022,  approved  November  24, 
1975,  was  enacted  transferring  all  the  duties  and  responsi- 
bilities of  Baltimore  City  Economic  Development  Commis- 


ORDINANCES  1019 

sion  to  the  Department  of  Housing  and  Community  Develop- 
ment thereby  vesting  in  said  department  certain  powers 
and  duties  to  be  exercised  in  connection  with  aiding  the 
industrial  growth  of  Baltimore  City ;  and 

Whereas,  Article  41,  Sections  266J  to  266CC,  inclusive, 
of  the  Annotated  Code  of  Maryland,  as  amended,  created 
and  amended  the  Maryland  Industrial  Development  Fi- 
nancing Authority,  hereinafter  called  "MIDFA",  and  vested 
in  it  certain  powers  and  duties  in  connection  with  the 
preservation  and  betterment  of  the  economy  of  the  State; 
and 

Whereas,  the  aforementioned  sections  of  said  Article  41 
of  the  Annotated  Code  of  Maryland,  among  other  things, 
authorize  any  municipality  of  this  State  to  borrow  money 
without  pledging  its  full  faith  and  credit,  and  to  execute 
a  mortgage  as  security  therefor,  and  use  such  money  to 
defray  the  cost  of  acquiring  any  industrial  project,  in- 
cluding land,  buildings  and  equipment,  either  by  purchase 
or  construction,  after  the  adoption  of  an  ordinance  by  the 
legislature  body  of  the  municipality  to  do  so;  and 

Whereas,  Flynn  &  Emrich  Company,  a  corporation  or- 
ganized and  existing  under  the  laws  of  the  State  of  Mary- 
land, by  its  letter  of  intent  dated  June  5,  1978,  addressed  to 
the  Mayor  of  Baltimore,  hereinafter  called  "City",  has 
requested  aid  and  assistance  from  the  City  in  connection 
with  the  acquisition,  improvements,  and  equipping  of  the 
properties  hereinafter  designated  in  Baltimore  City  which 
are  to  be  used  by  the  aforesaid  Company ;  and 

Whereas,  it  has  been  determined  that  cooperation  by 
the  City  in  connection  with  the  aforementioned  undertaking 
will  improve  the  economic  condition  of  Baltimore  City; 
now,  therefore, 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  (a)  pursuant  to  and  in  accordance  with 
the  terms  and  provisions  of  Sections  266J  to  266CC  in- 
clusive of  Article  41  of  the  Annotated  Code  of  Maryland, 
as  amended,  which  created  and  amended  MIDFA : 

(1)  The  City  be  and  it  is  hereby  fully  authorized  and 
empowered  to  borrow  a  sum  of  money  not  exceeding  Four 


1020  ORDINANCES  Ord.  No.  857 

Hundred  Thousand  Dollars  ($400,000,00)  THREE  HUN- 
DRED EIGHTY-SEVEN  THOUSAND  SEVEN  HUN- 
DRED TWENTY-ONE  DOLLARS  ($387,721)  and  to  use 
the  same  for  or  in  connection  with  the  acquisition,  im- 
provements, rehabilitation  and  additions  to  the  aforemen- 
tioned property,  and  to  execute  a  mortgage  on  said  property 
to  secure  the  aforesaid  loan;  the  term  of  said  mortgage 
shall  not  exceed  Twenty-One  (21)  years,  and  the  rate  of 
interest  to  be  paid  by  the  City  in  connection  with  said 
loan  shall  not  exceed  Seven  and  One-Half  percent  (7V2%) 
per  annum.  In  the  event  that  said  interest  is  validly  deter- 
mined for  any  reason  not  to  be  exempt  to  the  lender  from 
Federal  or  State  of  Maryland  income  tax,  the  interest  rate 
will  automatically  be  increased  to  a  rate  not  to  exceed 
eleven  percent  (11%)  for  the  period  affected  by  such 
determination. 

(2)  The  City  be  and  it  is  hereby  fully  authorized  and 
empowered  to  borrow  a  sum  of  money  not  exceeding  Six 
Hundrod  Eighty  Thousand  Dollars  ($680,000,00)  SIX 
HUNDRED  NINETY-FIVE  THOUSAND  SIX  HUN- 
DRED EIGHTY-SIX  DOLLARS  ($695,686),  and  use 
the  same  to  acquire  and  install  machinery  and  equipment 
in  the  aforementioned  property,  to  be  used  by  Flynn  & 
Emrich  Company,  in  connection  with  their  business  opera- 
tions and  to  execute  such  legal  documents  as  may  be  neces- 
sary to  secure  the  aforesaid  loan;  the  time  for  repayment 
of  such  loan  shall  not  exceed  the  normal  useful  life  of  said 
machinery  and  equipment,  and  in  no  event  shall  exceed 
sixteen  (16)  years,  whichever  period  of  time  is  less,  and 
the  rate  of  interest  to  be  paid  in  connection  with  such  loan 
shall  not  exceed  Seven  and  One-Half  percent  (7%% )  P^r 
annum.  In  the  event  that  said  interest  is  declared  to  be 
taxable  to  the  lender  by  federal  or  state  statute,  revenue 
ruling,  or  court  decision,  the  interest  rate  shall  auto- 
matically be  increased  to  a  rate  not  to  exceed  eleven  per- 
cent (11%)  for  the  period  affected  by  such  determination. 

(3)  The  terms  and  provisions  of  any  and  all  legal  in- 
struments to  be  executed  or  entered  into  by  the  City  in 
connection  with  the  transaction  authorized  by  this  ordi- 
nance shall  be  subject  to  the  approval  of  the  Board  of  Esti- 
mates. 


ORDINANCES  1021 

Sec.  2.  And  be  it  further  ordained,  That  the  Department 
of  Housing  and  Community  Development  is  hereby  fully 
authorized  and  empowered  for  the  purpose  of  this  ordi- 
nance only: 

(a)  To  promote,  make  investigations,  conduct  prelimi- 
nary negotiations,  and  do  any  and  all  other  things  neces- 
sary or  proper  to  expedite  the  consummation  of  the  trans- 
actions mentioned  in  this  ordinance;  all  pursuant  and  sub- 
ject to  the  provisions  of  the  Charter  of  Baltimore  City. 

(b)  After  the  transactions  mentioned  in  this  ordinance 
have  been  fully  consummated,  the  Department  of  Housing 
and  Community  Development  shall  do  any  and  all  other 
things  necessary,  proper  or  expedient  to  assure  the  full 
performance  by  Flynn  &  Emrich  Company,  of  any  and  all 
of  the  terms  and  provisions  in  any  and  all  agreements 
entered  into  by  the  City  and  Flynn  &  Emrich  Company,  all 
subject  to  the  provisions  of  the  Charter  of  Baltimore  City. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  August  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  858 
(Council  No.  1840) 

An  Ordinance  providing  for  a  supplementary  special  loan 
fund  appropriation  in  the  amount  of  0»e  Million  Eighty 
Thousand  Dollars  ($1,080,000)  ONE  MILLION 
EIGHTY-THREE  THOUSAND  FOUR  HUNDRED 
SEVEN  DOLLARS  ($1,083,407)  to  the  Department  of 
Housing  and  Community  Development  to  be  used  for 
property  acquisition  and  improvement  and  equipment 
acquisition  under  the  Maryland  Industrial  Development 
Financing  Authority  and  City  Ordinance  ,  in  ac- 


1022  ORDINANCES  Ord.  No.  858 

cordance  with  the  provisions  of  Article  VI,  Section  2(h) 
(3)   of  the  Baltimore  City  Charter   (1964  Revision). 

Whereas,  Article  41,  Sections  266J  and  266CC  inclusive, 
of  the  Annotated  Code  of  Maryland,  as  amended,  created 
and  amended  the  Maryland  Industrial  Development  Financ- 
ing Authority,  hereinafter  called  "MIDFA,"  and  vested 
in  it  certain  powers  and  duties  in  connection  with  the 
preservation  and  betterment  of  the  economy  of  the  State, 
authorizes  any  municipality  of  the  State  to  borrow  money 
without  pledging  its  full  faith  and  credit,  and  to  execute  a 
mortgage  as  security  therefore,  and  use  such  money  to 
defray  the  cost  of  acquiring  an  industrial  project,  including 
land,  buildings  and  equipment,  either  by  purchase  or  con- 
struction, after  the  adoption  of  an  ordinance  by  the  legis- 
lature of  the  municipality  to  do  so;  and 

Whereas,  the  money  appropriated  herein  represents  the 
proceeds  of  an  Industrial  Development  Loan  fully  approved 
and  partially  guaranteed  by  the  Maryland  Industrial  De- 
velopment Financing  Authority ;  and 

Whereas,  Ordinance  provides  a  sum  of  money  not 

to  exceed  Fow  Hundrod  Thousand  Dollars  ($400,000) 
THREE  HUNDRED  EIGHTY  -  SEVEN  THOUSAND 
SEVEN  HUNDRED  TWENTY-ONE  DOLLARS  ($387,- 
721)  for  the  acquisition  and  improvement  of  property  lo- 
cated in  Baltimore  City  at  3001  Grantley  Avenue  and 
Si*  Hundrod  Eighty  Thousand  Dollars  ($680,000)  SIX 
HUNDRED  NINETY-FIVE  THOUSAND  SIX  HUN- 
DRED EIGHTY-SIX  DOLLARS  ($695,686)  for  the  acqui- 
sition and  installation  of  equipment  at  said  location;  and 

Whereas,  Ordinance  provides  for  the  leasing  of  the 
aforementioned  property  and  equipment  to  the  Flynn  & 
Emrich  Company  to  be  used  in  connection  with  its  business 
operations;  and 

Whereas,  the  Industrial  Development  Loan  represents 
a  material  change  in  circumstances  since  the  adoption  of 
the  1977  1978  1978-1979  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  loan  fund  appro- 
priation ordained  herein  has  been  recommended  to  the  City 
Council  by  the  Board  of  Estimates,  said  recommendation 
having  been  made  at  a  regular  meeting  of  said  Board  held 


ORDINANCES  1023 

on  the  28th  day  of  June,  4£7S  26TH  DAY  OF  JULY,  1978, 
all  in  accordance  with  Article  VI,  Section  2(h)  (3)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(3)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  One  Million  Eighty  Thousand 
Dollars  ($1,080,000)  ONE  MILLION  EIGHTY-THREE 
THOUSAND  FOUR  HUNDRED  SEVEN  DOLLARS 
($1,083,407)  shall  be  made  available  to  the  Department 
of  Housing  and  Community  Development  of  the  City  of 
Baltimore  as  a  supplementary  special  loan  fund  appropri- 
ation for  the  fiscal  year  ending  feae  SO,  4338  JUNE  30, 
1979  for  the  purpose  of  acquiring  and  improving  property 
located  in  Baltimore  City  at  3001  Grantley  Avenue,  and 
acquiring  and  installing  equipment  at  said  location.  The 
amount  thus  made  available  as  a  supplementary  special 
loan  fund  appropriation  shall  be  expended  from  an  Indus- 
trial Development  Loan  and  shall  be  the  source  of  revenue 
for  this  supplementary  special  loan  fund  appropriation,  as 
required  by  Article  VI,  Section  2(h)(3)  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  August  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  859 
(Council  No.  1490) 

An  Ordinance  to  amend  Sheets  58  and  59  of  the  Zoning 
District  Maps  of  Article  30  of  the  Baltimore  City  Code 
(1966  Edition),  title  "Zoning,"  (Ordinance  1051,  ap- 
proved April  20,  1971)  by  changing  from  the  M-3  Zoning 
District  to  the  B-3-S  B-3-2  Zoning  District  the  properties 
on  the  south  side  of  East  Lombard  Street,  east  from  South 
Kresson  Street,  known  as  Nos.  4401-4425  East  Lombard 


1024  ORDINANCES  Ord.  No.  860 

Street,  as  outlined  in  red  on  the  AMENDED  plats  accom- 
panying this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  58  and  59  of  the  Zoning  District 
Maps  of  Article  30  of  The  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning,"  (Ordinance  1051,  approved  April  20, 
1971)  be  and  they  are  hereby  amended  by  changing  from 
the  M-3  Zoning  District  to  the  B-£-3  B-3-2  Zoning  District 
the  properties  on  the  south  side  of  East  Lombard  Street,  east 
from  South  Kresson  Street,  known  as  Nos.  4401-4425  East 
Lombard  Street,  as  outlined  in  red  on  the  AMENDED  plats 
accompanying  this  Ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  AMENDED  plat  which  is  a  part  hereof 
and  in  order  to  give  notice  to  the  departments  which  are 
administering  the  Zoning  Ordinance,  the  President  of  the 
City  Council  shall  sign  the  AMENDED  plat  and,  when  the 
Mayor  approves  the  ordinance,  he  shall  sign  the  AMENDED 
plat.  The  City  Treasurer  shall  then  transmit  a  copy  of  the 
ordinance  and  one  of  the  AMENDED  plats  to  the  following: 
the  Board  of  Municipal  and  Zoning  Appeals,  the  Planning 
Commission,  the  Commissioner  of  the  Department  of  Hous- 
ing and  Community  Development  and  the  Zoning  Adminis- 
trator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  August  18,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  860 
(Council  No.  1747) 

An  Ordinance  to  amend  the  Renewal  Plan  for  Walbrook 
Shopping  Center,  which  Plan  was  originally  approved  by 


ORDINANCES  1025 

Ordinance  No.  119,  dated  June  30,  1976,  to,  among  other 
things,  (1)  acquire  3408  Walbrook  Avenue  for  urban 
renewal  purposes,  by  purchase  or  by  condemnation;  (2) 
designate  Community  Business  as  the  land  use  for  the 
entire  project  area;  (3)  establish  standards  and  controls 
limiting  the  uses  permitted  on  land  to  be  acquired  and 
disposed  of;  (4)  provide  that  plans  for  exterior  rehabili- 
tation and  change  in  use  on  any  property  not  to  be  ac- 
quired shall  be  reviewed  by  the  Department  of  Housing 
and  Community  Development;  (5)  revise  the  language 
pertaining  to  duration  of  provisions  and  requirements  of 
said  Plan;  (6)  revise  certain  exhibits  attached  to  said 
Plan  to  indicate  the  changes  provided  herein;  (7)  waive 
such  requirements,  if  any,  as  to  content  or  procedure 
for  the  preparation,  adoption,  and  approval  of  renewal 
plans  as  set  forth  in  Ordinance  No.  152,  dated  June  28, 
1968,  as  amended  to  date;  (8)  provide  for  the  separa- 
bility of  the  various  parts  and  applications  of  this  ordi- 
nance; (9)  provide  that  where  the  provisions  of  this 
ordinance  shall  conflict  with  any  other  ordinance,  code 
or  regulation,  the  provision  which  establish  the  higher 
standard  shall  prevail;  and  (10)  provide  for  the  effective 
date  hereof. 

Whereas,  pursuant  to  Section  26,  Article  13,  of  the  Bal- 
timore City  Code  (1966  Edition),  as  amended  by  Ordinance 
No.  152,  approved  June  28,  1968,  as  amended  to  date,  no 
substantial  change  or  changes  shall  be  made  in  any  re- 
newal plan  after  approval  by  ordinance,  without  such 
change  or  changes  first  being  adopted  and  approved  in  the 
same  manner  as  set  forth  in  said  Section  26  for  the  ap- 
proval of  a  renewal  plan,  namely  the  preparation  of  such 
change  or  changes  by  the  Department  of  Housing  and 
Community  Development,  the  approval  of  such  change  or 
changes  by  the  Director  of  the  Department  of  Planning, 
and  approval  and  adoption  by  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore  after  public  hearing  in  rela- 
tion thereto,  all  in  the  manner  set  forth  in  said  Section  26 ; 
and 

Whereas,  the  Department  of  Housing  and  Community 
Development  has  prepared  a  list  of  changes  to  the  Renewal 
Plan  for  Walbrook  Shopping  Center,  known  as  '  'Amend- 
ment to  the  Urban  Renewal  Plan  for  Walbrook  Shopping 


1026  ORDINANCES  Ord.  No.  860 

Center"  dated  May  19,  1978,  which  has  been  approved  by 
the  Director  of  the  Department  of  Planning  on  May  24, 
1978,  with  respect  to  its  conformity  as  to  the  Master  Plan ; 
the  detailed  location  of  any  public  improvements  proposed 
in  the  amended  renewal  plan;  its  conformity  to  the  rules 
and  regulations  for  subdivisions;  and  its  conformity  to 
existing  zoning  classifications;  and  the  amended  renewal 
plan  for  Walbrook  Shopping  Center  has  been  approved  and 
recommended  to  the  Mayor  and  City  Council  of  Baltimore 
by  the  Commissioner  of  the  Department  of  Housing  and 
Community  Development  on  May  25,  1978;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendment  and  changes 
to  the  Renewal  Plan  for  Walbrook  Shopping  Center,  having 
been  duly  reviewed  and  considered,  are  hereby  approved 
and  the  Clerk  of  the  City  Council  is  hereby  directed  to  file 
a  copy  of  said  Renewal  Plan,  revised  to  include  Amendment 
No.  1,  dated  May  19,  1978,  with  the  Department  of  Legis- 
lative Reference  as  a  permanent  public  record  and  to  make 
the  same  available  for  public  inspection  and  information. 

1.  In  the  Table  of  Contents,  page  i,  section  entitled  "Ex- 
hibits" delete  the  date  after  the  three  map  exhibits  and 
insert  in  lieu  thereof  "as  revised  5/19/78"  after  the  Land 
Use  Plan  Map  and  Property  Acquisition/Disposition  Map 
and  "as  revised  11/15/76"  after  the  Zoning  Districts  Map. 

2.  In  Part  B.  Land  Use  Plan,  Section  B.2.a(4)  entitled 
"Disposition  Lot  1",  page  3,  delete  the  existing  sentence 
and  insert  in  lieu  thereof  the  following : 

"Disposition  Lot  1  shall  be  Community  Business  and  re- 
lated off-street  parking.  The  following  uses  shall  not  be 
permitted:  dance  halls,  pawn  shops,  religious  institutions, 
and  taverns." 

3.  In  Part  B.  Land  Use  Plan,  Section  B.2.b.(2)  entitled 
"New  Construction/Substantial  Rehabilitation",  page  4, 
delete  the  title  and  the  entire  section  and  insert  in  lieu 
thereof : 

"New  Construction,  Exterior  Rehabilitation, 
Change  in  Use 

All  plans  for  new  construction  (including  parking  lots), 


ORDINANCES  1027 

exterior  rehabilitation,  and/or  change  in  use  on  any  prop- 
erty not  to  be  acquired  under  the  provisions  of  this  Plan 
shall  be  submitted  to  the  Department  of  Housing  and  Com- 
munity Development  for  review.  Only  upon  finding  that  the 
proposed  plans  are  consistent  with  the  objectives  of  the 
Urban  Renewal  Plan  shall  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development  author- 
ize the  processing  of  the  plans  for  issuance  of  a  build- 
ing permit.  The  provisions  of  this  section  are  in  addition 
to  and  not  in  lieu  of  all  other  applicable  laws  and  ordi- 
nances relating  to  new  construction." 

4.  In  Part  C.  Techniques  Used  to  Achieve  Plan  Objec- 
tives, Section  C.l.b.  entitled  "Rehabilitation",  page  5,  de- 
lete the  second  sentence  and  insert  in  lieu  thereof: 

"Plans  for  new  construction,  exterior  rehabilitation, 
change  in  use,  and  demolition  shall  be  submitted  to  the 
Department  of  Housing  and  Community  Development  for 
review  in  accordance  with  Sections  B.2.b.(2)  and  (3)." 

5.  In  Part  D.  Other  Provisions  Necessary  to  Meet  Re- 
quirements of  State  and  Local  Laws,  Section  D.2  entitled 
"Zoning",  page  7,  delete  the  section  in  its  entirety  and 
insert  in  lieu  thereof: 

"All  appropriate  provisions  of  the  Zoning  Ordinance  of 
Baltimore  City  shall  apply  to  properties  in  the  project  area. 
Zoning  Districts  are  shown  on  Exhibit  3,  Zoning  Districts 
Map." 

6.  In  Part  D.  Other  Provisions  Necessary  to  Meet  Re- 
quirements of  State  and  Local  Laws,  Section  D.3.  entitled 
"Reasons  for  the  Various  Provisions  of  this  Plan,"  page  7, 
delete  subsection  a.  in  its  entirety  and  insert  in  lieu 
thereof : 

"a.  Acquisition  of  deteriorating  properties  for  the  rede- 
velopment of  the  neighborhood  shopping  area  and  related 
off-street  parking." 

7.  In  Part  E.,  Duration  of  Provisions  and  Requirements, 
page  7,  delete  this  section  in  its  entirety  and  insert  in  lieu 
thereof : 

"The  Walbrook  Shopping  Center  Renewal  Plan,  as  it  may 
be  amended  from  time  to  time,  shall  remain  in  full  force 


1028  ORDINANCES  Ord.  No.  860 

and  effect  for  a  period  of  not  less  than  40  years  from  the 
date  of  original  adoption  of  this  Renewal  Plan  by  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore." 

8.  Delete  from  the  Plan  Exhibits  1  and  2,  and  insert  in 
lieu  thereof  revised  Exhibits  1  and  2,  dated  as  revised  May 
19,  1978. 

Sec.  2.  And  be  it  further  ordained,  That  it  is  necessary 
to  acquire  by  purchase  or  by  condemnation,  for  urban  re- 
newal purposes,  the  fee  simple  interest  or  any  lesser  in- 
terest in  and  to  certain  properties  or  portions  thereof 
together  with  all  right,  title,  interest,  and  estate  that  the 
owner  or  owners  of  said  property  interests  may  have  in  all 
streets,  alleys,  ways  or  lanes,  public  or  private,  both 
abutting  the  whole  area  described  and/or  contained  within 
the  perimeter  of  said  area,  situate  in  Baltimore  City,  Mary- 
land, and  described  as  follows : 

3408  Walbrook  Avenue 


Sec.  3.  And  be  it  further  ordained,  That  the  Real  Estate 
Acquisition  Division  of  the  Department  of  the  Comptroller, 
or  such  person  or  persons  and  in  such  manner  as  the  Board 
of  Estimates,  in  the  exercise  of  the  power  vested  in  it  by 
Article  V,  Section  5,  of  the  Baltimore  City  Charter,  may 
hereafter  from  time  to  time  designate,  is  or  are  authorized 
to  acquire  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more and  for  the  purposes  described  in  this  ordinance  the 
fee  simple  interest  or  any  lesser  interest  in  and  to  the  prop- 
erties or  portions  thereof  hereinabove  mentioned.  If  the 
said  Real  Estate  Acquisition  Division  of  the  Department  of 
the  Comptroller,  or  such  person  or  persons,  and  in  such 
manner  as  the  Board  of  Estimates,  in  the  exercise  of  the 
power  vested  in  it  by  Article  V,  Section  5,  of  the  Baltimore 
City  Charter,  may  hereafter  from  time  to  time  designate,  is 
or  are  unable  to  agree  with  the  owner  or  owners  on  the  pur- 
chase price  of  said  properties  or  portions  thereof,  it  or  they 
shall  forthwith  notify  the  City  Solicitor  of  Baltimore  City, 
who  shall  thereupon  institute  in  the  name  of  the  Mayor  and 
City  Council  of  Baltimore  the  necessary  legal  proceedings 
to  acquire  by  condemnation  the  fee  simple  interest  or  any 
lesser  interest  in  and  to  said  properties  or  portions  thereof. 


ORDINANCES  1029 

Sec.  4.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  Walbrook  Shopping  Center  may  not  meet  the  require- 
ments as  to  the  content  of  a  renewal  plan  or  the  procedures 
for  the  preparation,  adoption,  and  approval  of  renewal 
plans,  as  provided  in  Ordinance  No.  152,  approved  June  28, 
1968,  as  amended  to  date,  the  said  requirements  are  hereby 
waived  and  the  amended  Renewal  Plan  approved  hereby  is 
exempted  therefrom. 

Sec.  5.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances  is 
invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall  not 
be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  or  the  application 
thereof  so  held  invalid. 

Sec.  6.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same  sub- 
ject matter  as  an  existing  provision  of  any  zoning,  building, 
electrical,  plumbing,  health,  fire  or  safety  ordinance  or  code 
or  regulation,  the  applicable  provisions  concerned  shall  be 
construed  so  as  to  give  effect  to  each;  provided,  however, 
that  if  such  provisions  are  found  to  be  in  irreconcilable 
conflict,  the  provision  which  establishes  the  higher  stand- 
ard for  the  promoton  of  the  public  health  and  safety  shall 
prevail.  In  any  case  where  a  provision  of  this  ordinance  is 
found  to  be  in  conflict  with  an  existing  provision  of  any 
other  ordinance  or  code  or  regulation  in  force  in  the  City  of 
Baltimore  which  establishes  a  lower  standard  for  the  pro- 
motion and  protection  of  the  public  health  and  safety,  the 
provision  of  this  ordinance  shall  prevail,  and  the  other 
existing  provision  of  such  other  ordinance  or  code  or  regu- 
lation is  hereby  repealed  to  the  extent  that  it  may  be  found 
in  conflict  with  this  ordinance. 


1030  ORDINANCES  Ord.  No.  861 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  August  28,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  861 
(Council  No.  1020) 

An  Ordinance  to  condemn  and  open,  Holliday  Street  ex- 
tending from  Fayette  Street,  Northerly  217  feet,  more  or 
less,  to  Lexington  Street  in  accordance  with  a  plat 
thereof  numbered,  332-A-2,  prepared  by  the  Surveys 
and  Records  Division  and  filed  in  the  Office  of  the  De- 
partment of  Public  Works,  on  the  Twenty-fifth  (25th) 
day  of  May,  1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn, 
open,  Holliday  Street  extending  from  Fayette  Street, 
Northerly  217  feet,  more  or  less,  to  Lexington  Street  the 
street  hereby  directed  to  be  condemned  for  said  opening 
being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  north  side  of  Fayette  Street,  as  now  laid  out, 
and  the  west  side  of  Holliday  Street,  as  now  laid  out,  and 
running  thence  binding  on  the  west  side  of  said  Holliday 
Street,  Northerly  239  feet,  more  or  less,  to  intersect  the 
south  side  of  Lexington  Street,  as  now  laid  out;  thence  by 
a  straight  line,  Easterly  114  feet,  more  or  less,  to  the  south- 
east corner  of  said  Holliday  Street  and  said  Lexington 
Street;  thence  binding  on  the  east  side  of  said  Holliday 
Street,  Southerly  195  feet,  more  or  less,  to  intersect  the 
north  side  of  said  Fayette  Street  and  thence  by  a  straight 
line,  Westerly  116  feet,  more  or  less,  to  the  place  of  be- 
ginning. 


ORDINANCES  1031 

The  said  Holliday  Street  as  directed  to  be  condemned 
being  more  particularly  described  and  referred  to  among 
the  Land  Records  of  Baltimore  City  and  delineated  and  par- 
ticularly shown  on  a  plat  numbered  332-A-2  which  was 
filed  in  the  Office  of  the  Department  of  Public  Works  on  the 
Twenty-fifth  (25th)  day  of  May  in  the  year  1977,  and  is 
now  on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  Holliday  Street  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code  of 
Public  Local  Laws  of  Maryland  and  the  Charter  of  Baltimore 
City  (1964  Revision)  as  amended  to  July  1,  1973  and  any 
and  all  amendments  thereto,  and  any  and  all  other  Acts  of 
the  General  Assembly  of  Maryland,  and  any  and  all  ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore,  and 
any  and  all  rules  or  regulations  in  effect  which  have  been 
adopted  by  the  Director  of  Public  Works  and  filed  with  the 
Department  of  Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  September  29,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  862 

(Council  No.  1021) 

An  Ordinance  to  condemn  and  close  Holliday  Street  extend- 
ing from  Fayette  Street,  Northerly  217  feet,  more  or 
less,  to  Lexington  Street  in  accordance  with  a  plat 
thereof  numbered  332-A-2A,  prepared  by  the  Surveys 
and  Records  Division  and  filed  in  the  Office  of  the  De- 
partment of  Public  Works,  on  the  Twenty-fifth  (25th) 
day  of  May,  1977,  and  now  on  file  in  said  office. 


1032  ORDINANCES  Ord.  No.  862 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  Holliday  Street  extending  from  Fayette  Street, 
Northerly  217  feet,  more  or  less,  to  Lexington  Street,  the 
street  hereby  directed  to  be  condemned  for  said  closing 
being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  north  side  of  Fayette  Street,  as  now  laid  out, 
and  the  west  side  of  Holliday  Street,  as  now  laid  out,  and 
running  thence  binding  on  the  west  side  of  said  Holliday 
Street,  Northerly  239  feet,  more  or  less,  to  intersect  the 
south  side  of  Lexington  Street,  as  now  laid  out;  thence  by 
a  straight  line,  Easterly  114  feet,  more  or  less,  to  the  south- 
east corner  of  said  Holliday  Street  and  said  Lexington 
Street;  thence  binding  on  the  east  side  of  said  Holliday 
Street,  Southerly  195  feet,  more  or  less,  to  intersect  the 
north  side  of  said  Fayette  Street  and  thence  by  a  straight 
line,  Westerly  116  feet,  more  or  less,  to  the  place  of  be- 
ginning. 

The  said  Holliday  Street  as  directed  to  be  condemned 
being  more  particularly  described  and  referred  to  among 
the  Land  Records  of  Baltimore  City  and  delineated  and  par- 
ticularly shown  on  a  plat  numbered  332-A-2A  which  was 
filed  in  the  Office  of  the  Department  of  Public  Works  on 
the  Twenty-fifth  (25th)  day  of  May,  in  the  year  1977  and 
is  now  on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  now  owned  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  be  and  continue  to  be  the  property  of 
the  Mayor  and  City  Council  of  Baltimore,  in  fee  simple, 
until  the  use  thereof  shall  be  abandoned  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  the  event  that  any  person, 
firm  or  corporation  shall  first  obtain  permission  and  per- 
mits therefor  from  the  Mayor  and  City  Council  of  Balti- 
more, and  shall  in  the  application  for  such  permission  and 
permits  agree  to  pay  all  costs  and  charges  of  every  kind 
and  nature  made  necessary  by  such  removal,  alternation  or 
interference. 


ORDINANCES  1033 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  speci- 
fications and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  appur- 
tenances owned  by  any  person,  firm  or  corporation,  other 
than  the  Mayor  and  City  Council  of  Baltimore,  shall  upon 
notice  from  the  Director  of  Public  Works  of  Baltimore 
City,  be  promptly  removed  by  and  at  the  expense  of  the 
said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and 
appurtenances  used  by  it  therein,  for  the  purposes  of  in- 
spection, maintenance,  repair,  alteration,  relocation  and/ 
or  replacement,  of  any  or  all  of  said  structures  and 
appurtenances,  and  this  without  permission  from  or  com- 
pensation to  the  owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  Holliday  Street  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code 
of  Public  Local  Laws  of  Maryland  and  the  Charter  of  Balti- 
more City  (1964  Revision)  as  amended  to  July  1,  1973  and 


1034  ORDINANCES  Ord.  No.  864 

any  and  all  amendments  thereto,  and  any  and  all  other  Acts 
of  the  General  Assembly  of  Maryland,  and  any  and  all  ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore,  and 
any  and  all  rules  or  regulations  in  effect  which  have  been 
adopted  by  the  Director  of  Public  Works  and  filed  with  the 
Department  of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  September  29,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  863 
(Council  No.  1056) 

An  Ordinance  providing  for  one-way  westbound  traffic  on 
Fayette  Street  from  Gay  Street  to  Holliday  Street. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  traffic  shall  be  one-way  westbound  on 
Fayette  Street  between  Gay  Street  and  Holliday  Street. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  upon  the  closing  of  Holliday  Street  be- 
tween Fayette  Street  and  Lexington  Street. 

Approved  September  29,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  864 
(Council  No.  1321) 

An  Ordinance  to  amend  Sheets  55  and  65  of  the  Zoning 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 


ORDINANCES  1035 

tion),  title  "Zoning"  (Ordinance  No.  1051,  approved 
April  20,  1971),  by  changing  the  following  zoning  dis- 
tricts in  the  Ridgely's  Delight  Urban  Renewal  Project: 
(1)  from  the  M-l-2  Zoning  District  to  the  R-9-P  Zoning 
District  the  properties  generally  east  of  Penn  Street,  south 
of  Melvin  Drive,  west  of  645  Melvin  Drive,  and  north 
of  Bankard  Lane,  as  outlined  in  red  on  the  plat  accom- 
panying this  ordinance;  (2)  from  the  M-2-2  Zoning 
District  to  the  R-9  Zoning  District  two  tracts  of  land, 
one  encompassing  the  properties  generally  north  of  W. 
Conway  Street,  east  of  S.  Fremont  Avenue,  south  of 
Burgundy  Street,  and  west  of  628  W.  Conway  Street,  the 
other  generally  encompassing  the  properties  known  as  600 
through  606  W.  Conway  Street  and  603  and  605  Burgundy 
Street,  as  outlined  in  yellow  on  the  plat  accompanying 
this  ordinance;  (3)  from  the  M-2-2  Zoning  District  to 
the  R-9-P  Zoning  District  an  area  formed  by  a  line  begin- 
ning at  the  centerline  of  Russell  and  Eislen  Streets,  thence 
running  southerly  to  the  centerline  of  the  proposed  City 
Boulevard,  thence  running  westerly  along  the  centerline 
of  the  proposed  City  Boulevard  to  the  centerline  of 
Ridgely  Street,  thence  running  northeasterly  to  the 
centerline  of  S.  Fremont  Avenue,  thence  running  north- 
westerly to  the  centerline  of  W.  Conway  Street,  thence 
running  easterly  to  the  western  property  line  of  630  W. 
Conway  Street,  thence  northwesterly  along  the  western 
property  line  of  630  W.  Conway  Street  to  the  centerline 
of  Burgundy  Street,  thence  running  easterly  to  the 
western  property  line  of  606  W.  Conway  Street,  thence 
running  southeasterly  along  the  western  property  line  of 
606  W.  Conway  Street  to  the  centerline  of  W.  Conway 
Street,  thence  easterly  to  the  centerline  of  Warner  Street, 
thence  running  northwesterly  along  the  centerline  of 
Warner  Street  to  intersect  the  northeastern  property  line 
extension  of  605  Warner  Street,  thence  running  generally 
northeasterly,  southeasterly,  and  northeasterly  again  to 
include  those  properties  known  as  605-609  Warner  Street 
and  544-540  Burgundy  Street,  thence  running  along  the 
division  line  of  543  and  541  S.  Paca  Street  to  the  center- 
line  of  S.  Paca  Street,  thence  running  northeasterly  along 
the  centerline  of  S.  Paca  Street  to  the  eastern  property 
line  of  524  S.  Paca  Street,  thence  running  northwesterly 
along  said   division   line,   through   Eislen   Street,    and 


1036  ORDINANCES  Ord.  No.  864 

continuing  along  the  division  line  between  524  and  526 
Eislen  Street,  thence  running  generally  northeasterly  and 
southeasterly  to  the  centerline  of  Eislen  Street,  encom- 
passing the  properties  known  as  510-524  Eislen  Street, 
and  thence  running  northeasterly  to  the  point  of  begin- 
ning, as  outlined  in  blue  on  the  plat  accompanying 
this  ordinance;  (4)  and  from  the  R-9  Zoning  District 
to  the  R-9-P  Zoning  District  the  property  known  as  543 
S.  Paca  Street,  as  outlined  in  green  on  the  plat  accom- 
panying this  ordinance. 

Section.  1.  Beit  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  55  and  65  of  the  Zoning  Districts 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning"  (Ordinance  No.  1051,  approved 
April  10,  1971)  be  and  they  are  hereby  amended  by  chang- 
ing (1)  from  the  M-l-2  Zoning  District  to  the  R-9-P 
Zoning  District  the  properties  generally  east  of  Penn  Street, 
south  of  Melvin  Drive,  west  of  645  Melvin  Drive,  and  north 
of  Bankard  Lane,  as  outlined  in  red  on  the  plat  accompany- 
ing this  Ordinance;  (2)  from  the  M-2-2  Zoning  District  to 
the  R-9  Zoning  District  two  tracts  of  land,  one  encompassing 
the  properties  generally  north  of  W.  Conway  Street,  east 
of  S.  Fremont  Avenue,  south  of  Burgundy  Street  and  west  of 
628  W.  Conway  Street,  the  other  generally  encompassing  the 
properties  known  as  600  through  606  W.  Conway  Street  and 
603  and  605  Burgundy  Street,  as  outlined  in  yellow  on  the 
plat  accompanying  this  ordinance;  (3)  from  the  M-2-2 
Zoning  District  to  the  R-9-P  Zoning  District  an  area  formed 
by  a  line  beginning  at  the  centerline  of  Russell  and  Eislen 
Streets,  thence  running  southerly  to  the  centerline  of  the 
proposed  City  Boulevard,  thence  running  westerly  along 
the  centerline  of  the  proposed  City  Boulevard  to  the  center- 
line  of  Ridgely  Street,  thence  running  northeasterly  to  the 
centerline  of  S.  Freemont  Avenue,  thence  running  north- 
westerly to  the  centerline  of  W.  Conway  Street,  thence  run- 
ning easterly  to  the  western  property  line  of  630  W.  Conway 
Street,  thence  running  northwesterly  along  the  western 
property  line  of  630  W.  Conway  Street  to  the  centerline  of 
Burgundy  Street,  thence  running  easterly  to  the  western 
property  line  of  606  W.  Conway  Street,  thence  running 
southeasterly  along  the  western  property  line  of  606  W. 
Conway  Street  to  the  centerline  of  W.   Conway  Street, 


ORDINANCES  1037 

thence  running  easterly  to  the  centerline  of  Warner  Street, 
thence  running  northwesterly  along  the  centerline  of  War- 
ner Street,  thence  running  generally  northeasterly,  south- 
easterly, and  northeasterly  again  to  include  those  properties 
known  as  605-609  Warner  Street  and  544-540  Burgundy 
Street,  thence  running  along  the  division  line  of  543  and 
541  S.  Paca  Street  to  the  centerline  of  S.  Paca  Street, 
thence  running  northeasterly  along  the  centerline  of  S.  Paca 
Street  to  the  eastern  property  line  of  524  S.  Paca  Street, 
thence  running  northwesterly  along  said  division  line, 
through  Eislen  Street,  and  continuing  along  the  division  line 
between  524  and  526  Eislen  Street,  thence  running  generally 
northeasterly  and  southeasterly  to  the  centerline  of  Eislen 
Street,  encompassing  the  properties  known  as  510-524 
Eislen  Street,  and  thence  running  northeasterly  to  the 
point  of  beginning,  as  outlined  in  blue  on  the  plat  accom- 
panying this  ordinance;  (4)  and  from  the  R-9  Zoning  Dis- 
trict to  the  R-9-P  Zoning  District  the  property  known  as 
543  S.  Paca  Street,  as  outlined  in  green  on  the  plat  accom- 
panying this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  of  the  Departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and  when  the  Mayor  approves  the 
ordinance  he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  the  ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning 
Appeals,  the  Planning  Commission,  the  Commissioner  of 
the  Department  of  Housing  and  Community  Development, 
and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  October  2,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


1038  ORDINANCES  Ord.  No.  865 

No.  865 
(Council  No.  1404) 

An  Ordinance  to  amend  Sheet  No.  36  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning/'  (Ordinance  No.  1051,  approved 
April  20,  1971)  by  changing  from  the  B-3-2  Zoning  Dis- 
trict to  the  B-2-2  Zoning  District  the  properties  known 
as  2527  through  2545  Greenmount  Avenue  and  the  prop- 
erty lying  north  of  2545  Greenmount  Avenue  as  outlined 
in  blue  on  the  plats  accompanying  this  ordinance ;  and  by 
changing  from  the  B-l-2  Zoning  District  to  the  B-2-2 
Zoning  District  the  properties  known  as  2565,  2567,  2601 
and  2603  Greenmount  Avenue  as  outlined  in  red  on  the 
plats  accompanying  this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  36  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning,"  (Ordinance  No.  1051,  approved  April 
20,  1971)  be  and  it  is  hereby  amended  by  changing  from 
the  B-3-2  Zoning  District  to  the  B-2-2  Zoning  District  the 
properties  known  as  2527  through  2545  Greenmount  Ave- 
nue and  the  property  lying  north  of  2545  Greenmount 
Avenue  as  outlined  in  blue  on  the  plats  accompanying  this 
ordinance;  and  by  changing  from  the  B-l-2  Zoning  Dis- 
trict to  the  B-2-2  Zoning  District  the  properties  known  as 
2565,  2567,  2601  and  2603  Greenmount  Avenue,  as  outlined 
in  red  on  the  plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the 
ordinance,  he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  the  ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning  Ap- 
peals, the  Planning  Commission,  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development  and 
the  Zoning  Administrator. 


ORDINANCES  1039 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  October  2,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  866 
(Council  No.  1445) 

An  Ordinance  to  amend  Sheet  46  of  the  Zoning  Maps  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Zoning"  (Ordinance  No.  1051,  approved  April  20, 
1971)  by  changing  the  following  Zoning  Districts  in 
the  Oliver  Urban  Renewal  Area:  (1)  from  the  B-2-3 
Zoning  District  to  the  R-8  Zoning  District  the  area 
bounded  by  Aisquith  Street,  E.  Lafayette  Avenue,  Har- 
ford Avenue,  and  E.  Lanvale  Street,  excluding  the  prop- 
erties at  1301  through  1315  E.  Lafayette  Avenue,  as 
outlined  in  red  on  the  REVISED  plat  accompanying  this 
ordinance;  (2)  from  the  R-8  Zoning  District  to  the  B-2-3 
Zoning  District  the  property  on  the  north  side  of  Fed- 
eral Street  at  the  northwest  corner  of  Harford  Avenue 
as  outlined  in  green  on  the  REVISED  plat  accompanying 
this  ordinance;  (3)  from  the  B-l-2  Zoning  District  to  the 
B-3-2  Zoning  District  the  area  which  includes  450Q 
through  1&14  an4  1525  through  1537  Harford  Avenue, 
1501  through  1517  N.  Central  Avenue,  4220  £r  Olivor 
Stroot,  1303  and  1305  Federal  Street  and  a  portion  of 
1509  and  1515  through  1523  Lamont  Avenue  as  outlined 
in  yellow  on  the  REVISED  plat  accompanying  this  or- 
dinance; (4)  from  the  B-l-2  Zoning  District  to  the  R-8 
Zoning  District  1307  Federal  Street  and  a  portion  of 
1501  Aisquith  Street  (part  of  the  former  bed  of  Goodwin 
Street);  these  two  areas  are  outlined  in  brown  on  the 
REVISED  plat  accompanying  this  ordinance;  and  (5) 
from  the  R-8  Zoning  District  to  the  B-3-2  Zoning  Dis- 
trict the  area  which  includes  1501  through  1513  Lamont 
Avenue  and  Lot  36,  Block  1124,  as  outlined  in  blue  on 
the  REVISED  plat  accompanying  this  ordinance. 


1040  ORDINANCES  Ord.  No.  866 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  46  of  the  Zoning  Maps  of  Article 
30  of  the  Baltimore  City  Code  (1966  Edition),  title  "Zon- 
ing" (Ordinance  No.  1051,  approved  April  20,  1971)  be 
and  it  is  hereby  amended  by  changing  (I)  from  the  B-2-3 
Zoning  District  to  the  R-8  Zoning  District  the  area  bounded 
by  Aisquith  Street,  E.  Lafayette  Avenue,  Harford  Avenue, 
and  E.  Lanvale  Street,  excluding  the  properties  at  1301 
through  1315  E.  Lafayette  Avenue,  as  outlined  in  red  on 
the  REVISED  plat  accompanying  this  ordinance;  (2)  from 
the  R-8  Zoning  District  to  the  B-2-3  Zoning  District  the 
property  on  the  north  side  of  Federal  Street  at  the  north- 
west comer  of  Harford  Avenue  as  outlined  in  green  on  the 
REVISED  plat  accompanying  this  ordinance; 
(3)  from  the  B-l-2  Zoning  District  to  the  B-3-2  Zoning 
District  the  area  which  includes  1500  through  1516  a»4 
1525  through  1537  Harford  Avenue,  1501  through  1517 
N.  Central  Avenue,  4220  £*  Oliver  Street,  1303  and  1305 
Federal  Street  and  a  portion  of  1509  and  1515  through 
1523  Lamont  Avenue  as  outlined  in  yellow  on  the  RE- 
VISED plat  accompanying  this  ordinance;  (4)  from  the 
B-42  B-l-2  Zoning  District  to  the  R-8  Zoning  District  1307 
Federal  Street  and  a  portion  of  1501  Aisquith  Street  (part 
of  the  former  bed  of  Goodwin  Street) ;  these  two  areas 
are  outlined  in  brown  on  the  REVISED  plat  accompanying 
this  ordinance;  and  (5)  from  the  R-8  Zoning  District  to 
the  B-3-2  Zoning  District  the  area  which  includes  1501 
through  1513  Lamont  Avenue  and  Lot  36,  Block  1124,  as 
outlined  in  blue  on  the  REVISED  plat  accompanying  this 
ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  Ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  REVISED  plat  which  is  a  part  hereof 
and  in  order  to  give  notice  to  the  Departments  which  are 
administering  the  Zoning  Ordinance,  the  President  of  the 
City  Council  shall  sign  the  REVISED  plat  and  when  the 
Mayor  approves  the  ordinance  he  shall  sign  the  REVISED 
plat.  The  City  Treasurer  shall  then  transmit  a  copy  of  the 
ordinance  and  one  of  the  REVISED  plats  to  the  following: 
the  Board  of  Municipal  and  Zoning  Appeals,  the  Planning 
Commission,  the  Commissioner  of  the  Department  of  Hous- 


ORDINANCES  1041 

ing   and   Community   Development,   and   the   Zoning   Ad- 
ministrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  Ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  October  2,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  867 
(Council  No.  1634) 

An  Ordinance  to  amend  Sheet  12  of  the  Zoning  Maps  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition), 
title  "Zoning"  (Ordinance  No.  1051,  approved  April  20, 
1971)  by  changing  the  following  zoning  district  in  the 
Park  Heights  Urban  Renewal  Project:  from  the  R-6 
Zoning  District  to  the  B-2-2  Zoning  District  the  area 
generally  known  as  Ward  27,  Section  19,  Block  4585,  Lot 
26  and  the  triangular  parcel  of  land  known  as  rear  of 
5010-5018  Palmer  Avenue  as  outlined  in  magenta  on  the 
plat  accompanying  this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  12  of  the  Zoning  Maps  of  Article 
30  of  the  Baltimore  City  Code  (1966  Edition)  title  "Zoning" 
(Ordinance  No.  1051,  approved  April  20,  1971)  be  and  it  is 
hereby  amended  by  changing  from  the  R-6  Zoning  District 
to  the  B-2-2  Zoning  District  the  area  generally  known  as 
Ward  27,  Section  19,  Block  4585,  Lot  26  and  the  triangular 
parcel  of  land  known  as  rear  of  5010-5018  Palmer  Avenue, 
as  outlined  in  magenta  on  the  plat  accompanying  this  ordi- 
nance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order  to 
give  notice  of  the  Departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 


1042  ORDINANCES  Ord.  No.  868 

shall  sign  the  plat  and  when  the  Mayor  approves  the  ordi- 
nance he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to  the 
following:  the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development  and  the 
Zoning  Administrator. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  October  2,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  868 
(Council  No.  1654) 

An  Ordinance  to  amend  Sheet  33  of  the  Zoning  Maps  of 
Article  30  of  the  Baltimore  City  Code  (1976  Edition), 
title  "Zoning"  by  changing  the  following  zoning  districts 
in  the  Park  Heights  Urban  Renewal  Area:  (1)  from  the 
B-3-1  Zoning  District  to  the  M-l-1  Zoning  District  that 
portion  of  2900-12  Druid  Park  Drive  underlying  the 
buildings  known  as  2910  and  2912  Druid  Park  Drive  and 
all  land  to  the  north  and  west  of  said  buildings  unto  the 
adjoining  property  at  2920  Druid  Park  Drive  as  outlined 
in  red  on  the  plat  accompanying  this  ordinance;  and  (2) 
from  the  B-2-1  Zoning  District  to  the  M-l-1  Zoning  Dis- 
trict the  property  known  as  3330  Park  Circle  and  that 
portion  of  2900-12  Druid  Park  Drive  fronting  on  Sequoia 
Avenue,  Park  Circle,  and  255  feet,  more  or  less,  along 
Druid  Park  Drive  as  outlined  in  blue  on  the  plat  accom- 
panying this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  33  of  the  Zoning  Maps  of  Article 
30  of  the  Baltimore  City  Code  (1976  Edition),  title  "Zon- 
ing" be  and  it  is  hereby  amended  by  changing:  (1)  from 
the  B-3-1  Zoning  District  to  the  M-l-1   Zoning  District 


ORDINANCES  1043 

that  portion  of  2900-12  Druid  Park  Drive  underlying  the 
buildings  known  as  2910  and  2912  Druid  Park  Drive  and  all 
land  to  the  north  and  west  of  said  buildings  unto  the  ad- 
joining property  at  2920  Druid  Park  Drive  as  outlined  in 
red  on  the  plat  accompanying  this  ordinance;  and  (2)  from 
the  B-2-1  Zoning  District  to  the  M-l-1  Zoning  District  the 
property  known  as  3330  Park  Circle  and  that  portion  of 
2900-12  Druid  Park  Drive  fronting  on  Sequoia  Avenue,  Park 
Circle,  and  255  feet,  more  or  less,  along  Druid  Park  Drive 
as  outlined  in  blue  on  the  plat  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  Mayor  and  City  Council,  as  evi- 
dence of  the  authenticity  of  the  plat  which  is  a  part  hereof 
and  in  order  to  give  notice  to  the  Departments  which  are 
administering  the  Zoning  Ordinance,  the  President  of  the 
City  Council  shall  sign  the  plat  and  when  the  Mayor  ap- 
proves the  ordinance  he  shall  sign  the  plat.  The  City 
Treasurer  shall  then  transmit  a  copy  of  the  ordinance  and 
one  of  the  plats  to  the  following:  the  Board  of  Municipal 
and  Zoning  Appeals,  the  Planning  Commission,  the  Com- 
missioner of  the  Department  of  Housing  and  Community 
Development  and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  October  2,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  869 
(Council  No.  1780) 

An  Ordinance  to  add  new  Sections  254  a»4  252  115  AND 
116  to  Article  44  26  of  the  Baltimore  City  Code,  1976  Edi- 
tion, Title,  "Health,"  "STREETS  AND  HIGHWAYS," 
Subtitle,  "Soil  Erosion  and  Sediment  Control"  to  follow 
immediately  after  Subsection  250  114  and  to  grant  the 
Department  of  Public  Works   authority   in   connection 


1044  ORDINANCES  Ord.  No.  869 

with  the  enforcement  of  rules  and  regulations  with  re- 
gard to  soil  erosion  and  sediment  control. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Sections  2&±  a»4  2£2  115  AND  116 
be  and  the  same  is  hereby  added  to  Article  44-  26  of  the  Bal- 
timore City  Code,  1976  Edition,  Title,  "Health,"  "STREETS 
AND  HIGHWAYS,"  to  come  under  the  new  Subtitle,  "Soil 
Erosion  and  Sediment  Control,"  to  read  as  follows: 

SOIL  EROSION  AND  SEDIMENT  CONTROL 

Section  254-  115 — Enforcement 

If  the  Director  of  Public  Works  or  his  representative 
finds  any  area  or  property  within  the  City  of  Baltimore  in 
violation  of  Baltimore  City's  latest  edition  of  their  ITS 
Erosion  and  Sediment  Control  Manual,  the  owner  or  owners 
of  said  areas  in  OR  property  shall  be  given  notification  to 
correct  said  condition  in  accordance  tvith  the  recommenda- 
tion of  the  Director  of  Public  Works  or  his  representative. 
The  owner  of  said  areas  or  property  shall  have  15  days  from 
the  date  of  wHtten  notification  or  a  time  specified  by  the 
Director  of  Public  Works  or  his  representative  to  correct  the 
unsatisfactory  condition  in  accordance  with  said  recom- 
mendations. 

Section  2S2  116 — Fines 

If  soM  owner  foMs  to  correct  the  unsatisfactory  condition 
to  the  satisfaction  of  the  Director  of  Public  Works  >  the 
owner  shall  ho  subjected  to  #  fine  fo*  e&eh  and 

every  day-  the  violation  exists^ 

IF  THE  UNSATISFACTORY  CONDITION  IS  NOT 
CORRECTED  TO  COMPLY  WITH  THE  PROVISIONS 
OF  THE  EROSION  AND  SEDIMENT  CONTROL  MAN- 
UAL, THE  OWNER  OF  THE  PROPERTY  MAY  BE 
ASSESSED  A  FINE,  NOT  TO  EXCEED  $100  PER  DAY, 
FOR  EACH  AND  EVERY  DAY  THE  VIOLATION  EX- 
ISTS. 

Sec.  2.  And  be  it  further  ordained,  That  any  and  all  pub- 
lic local  laws  or  special  laws,  ordinances  or  resolutions,  and 
any  and  all  parts  of  any  public  local  laws  or  special  laws, 


ORDINANCES  1045 

ordinances  or  resolutions  inconsistent  with  any  of  the  pro- 
visions of  this  ordinance  are  hereby  repealed  to  the  extent 
of  any  such  inconsistency. 

Sec.  3.  And  be  it  further  ordained,  That  in  case  it  be  ju- 
dicially determined  that  any  word,  phrase,  clause,  item, 
sentence,  paragraph  or  section  of  this  ordinance,  or  the 
application  thereof  to  any  person  or  circumstance,  is  in- 
valid, the  remaining  provisions  and  the  application  of  such 
provisions  to  other  persons  or  circumstances  shall  not  be 
affected  thereby,  the  Mayor  and  City  Council  hereby  de- 
claring that  they  would  have  ordained  the  remaining  pro- 
visions of  this  ordinance  without  the  word,  phrase,  clause, 
item,  sentence,  paragraph  or  section,  or  the  application 
thereof,  so  held  invalid. 

Sec.  4.  And  be  it  ordained,  That  this  ordinance  shall  take 
effect  from  the  date  of  its  passage. 

Approved  October  18,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  870 

(Council  No.  1800) 

An  Ordinance  to  comply  with  the  provisions  of  Paragraph 
1400(d),  Section  140,  Chapter  14  of  Article  32  of  the 
Baltimore  City  Code  (1976  Edition),  title  "The  Building 
Code  of  Baltimore  City",  and  to  authorize  an  application 
for  a  permit  to  construct  an  off-street  parking  garage  on 
the  property  bounded  by  Calvert  Street,  Centre  Street, 
Lot  7C  (former  bed  of  Hunter  Street),  and  Monument 
Street,  within  300  feet  of  St.  Ignatius  Loyola  Church. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  in  compliance  with  the  provisions  of 
Paragraph  1400(d),  Section  140,  Chapter  14  of  Article  32 
of   the   Baltimore   City   Code    (1976   Edition),   title   "The 


1046  ORDINANCES  Ord.  No.  871 

Building  Code  of  Baltimore  City"  the  assent  of  the  Mayor 
and  City  Council  of  Baltimore  be  and  the  same  is  hereby 
given  to  Chesapeake  Life  Insurance  Company  to  make  ap- 
plication for  a  permit  to  construct  an  off-street  parking 
garage  on  the  property  bounded  by  Calvert  Street,  Centre 
Street,  Lot  7C  (former  bed  of  Hunter  Street),  and  Monu- 
ment Street,  within  300  feet  of  St.  Ignatius  Loyola  Church. 
Except  as  in  this  ordinance  specifically  provided,  all  or- 
dinances and  all  rules  and  regulations  of  the  Mayor  and 
City  Council  of  Baltimore  shall  be  complied  with  in  the 
construction,  erection  and  maintenance  of  said  garage. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  18,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  871 
(Council  No.  1802) 

An  Ordinance  to  waive  Section  2131  of  Article  32  of  the 
Baltimore  City  Code  (1976  Edition),  said  article  being 
known  generally  as  the  Building  Code  of  Baltimore  City, 
in  order  to  permit  the  construction  of  supporting  struc- 
tures under  certain  right-of-ways  adjacent  to  Lots  7 A 
and  7B  of  the  Mount  Vernon  Urban  Renewal  District, 
said  Lots  bounded  by  Saint  Paul  Street,  Centre  Street, 
Lot  7C  (former  bed  of  Hunter  Street),  and  Monument 
Street. 

Section  1.  Be  it  'ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Section  2131  of  Article  32  of  the  Balti- 
more City  Code  (1976  Edition),  said  article  being  known 
generally  as  the  Building  Code  of  Baltimore  City,  be  waived 
in  order  to  permit  the  construction  of  supporting  structures 
extending  one  (1)  foot,  six  (6)  inches  from  the  property 
line  on  Monument  Street  into  the  right-of-way  on  Monument 
Street,  adjacent  to  Lot  7B  of  the  Mount  Vernon  Urban 
Renewal  District,  extending  one  hundred  twenty-six  (126) 


ORDINANCES  1047 

feet  from  the  southeast  corner  of  Monument  Street  and 
Calvert  Street  along  Monument  Street,  in  an  easterly  di- 
rection; the  construction  of  supporting  structures  extending 
three  (3)  feet  from  the  property  line  on  Calvert  Street 
into  the  right-of-way  on  Calvert  Street,  adjacent  to  said 
Lot  7B,  extending  three  hundred  sixty-one  (361)  feet  from 
the  southeast  corner  of  Monument  Street  and  Calvert  Street 
along  Calvert  Street  in  a  Southerly  direction;  the  construc- 
tion of  supporting  structures  extending  two  (2)  feet,  six 
(6)  inches  from  the  property  line  on  Monument  Street  into 
the  right-of-way  on  Monument  Street,  adjacent  to  Lot  7 A 
of  the  Mount  Vernon  Urban  Renewal  District,  extending 
two  hundred  sixty-one  (261)  feet  from  the  southeast  corner 
of  Monument  Street  and  Saint  Paul  Street  along  Monument 
Street  in  an  easterly  direction;  the  construction  of  support- 
ing structures  extending  two  (2)  feet,  six  (6)  inches  from 
the  property  line  on  Saint  Paul  Street  into  the  right-of-way 
on  Saint  Paul  Street,  adjacent  to  said  Lot  7 A,  extending 
three  hundred  sixty-seven  (367)  feet  from  the  southeast 
corner  of  Monument  Street  and  Saint  Paul  Street  along 
Saint  Paul  Street  in  a  southerly  direction.  All  supporting 
structures  in  the  rights-of-way  shall  be  below  the  respective 
street  levels.  Said  Lots  7A  and  7B  are  bounded  by  Saint 
Paul  Street,  Centre  Street,  Lot  7C  (former  bed  of  Hunter 
Street) ,  and  Monument  Street.  Except  as  in  this  ordinance 
specifically  provided,  all  ordinances  and  all  rules  and  regu- 
lations of  the  Mayor  and  City  Council  of  Baltimore  shall  be 
complied  with  in  the  construction  and  use  of  said  structures. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  18,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  872 
(Council  No.  1803) 

An  Ordinance  to  comply  with  the  requirements  of  Subsec- 
tion 1400(d),  Section  140,  Chapter  14  of  Article  32  of 


1048  ORDINANCES  Ord.  No.  873 

the  Baltimore  City  Code  (1976  Edition)  title  "The  Build- 
ing Code  of  Baltimore  City,"  and  to  authorize  an  appli- 
cation for  a  permit  to  construct  an  off-street  parking 
garage  for  the  storage  of  more  than  3  motor  vehicles  at 
601  N.  Broadway  within  300  feet  of  a  hospital. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  in  compliance  with  the  provisions  of 
Subsection  1400(d),  Section  140,  Chapter  14  of  Article  32 
of  the  Baltimore  City  Code  (1976  Edition),  the  assent  of 
the  Mayor  and  City  Council  of  Baltimore  be  and  the  same 
is  hereby  given  to  £i*s4  National  Sank  JOHNS  HOPKINS 
HOSPITAL  to  make  application  for  a  permit  to  construct 
a  garage  for  the  storage  of  more  than  3  motor  vehicles  at 
601  N.  Broadway  within  300  feet  of  a  hospital.  All  ordi- 
nances and  regulations  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  complied  with  in  the  construction  and  use 
of  the  off-street  parking  garage. 

Sec.  2.  And  be  it  farther  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  October  18,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  873 
(Council  No.  1823) 

An  Ordinance  to  authorize  the  use  of  the  properties  known 
as  14,  16,  18,  20,  22  and  24  South  Stockton  Street,  as  out- 
lined in  red  on  the  plats  accompanying  this  ordinance,  for 
an  open  air  off-street  parking  facility  in  the  B-2-3  Zoning 
District,  pursuant  to  Sections  6.2-ld  and  11.0-6d  of  Article 
30  of  the  Baltimore  City  Code  (1976  Edition),  title  "The 
Zoning  Ordinance  of  Baltimore  City"  (Ordinance  No. 
1051)  approved  April  20,  1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  properties  known  as  14,  16,  18,  20, 


ORDINANCES  1049 

22  and  24  South  Stockton  Street,  as  outlined  in  red  on  the 
plats  accompanying  this  ordinance,  be  and  they  are  hereby 
authorized  for  use  as  an  open  air  off-street  parking  facility 
in  the  B-2-3  Zoning  District,  pursuant  to  Sections  6.2-ld 
and  11.0-6d  of  Article  30  of  the  Baltimore  City  Code  (1976 
Edition),  title  'The  Zoning  Ordinance  of  Baltimore  City" 
(Ordinance  No.  1051)  approved  April  20,  1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order  to 
give  notice  to  the  departments  which  are  administering  the 
Zoning  Ordinance,  the  President  of  the  City  Council  shall 
sign  the  plat,  and  when  the  Mayor  approves  the  ordinance, 
he  shall  sign  the  plat.  The  City  Treasurer  shall  then  trans- 
mit a  copy  of  the  ordinance  and  one  of  the  plats  to  the  fol- 
lowing: the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development,  the  Commissioner 
of  Transit  and  Traffic,  and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  October  18,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  874 
(Council  No.  1532) 

An  Ordinance  to  comply  with  the  requirements  of  Sections 
4.8-ld-l  and  11.0-6d  of  Article  30,  title  "The  Zoning 
Ordinance  of  Baltimore  City"  (Ordinance  1051  of  1971) 
and  Section  1  of  Article  12,  title  "Hospitals,"  of  the 
Baltimore  City  Code  (1976  Edition),  and  to  authorize 
the  establishment  of  a  nursing  home  by  Queen  Esther 
Hayes  on  certain  premises  located  at  1501-1513  N.  Gilmor 
Street,  subject  to  final  licensure  by  the  State  Department 
of  Health  and  Mental  Hygiene. 


1050  ORDINANCES  Ord.  No.  875 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  in  compliance  with  the  provisions  of 
Sections  4.8-ld-l  and  11.0-6d  of  Article  30,  title  "The  Zon- 
ing Ordinance  of  Baltimore  City"  (Ordinance  1051  of 
1971)  and  Section  1  of  Article  12,  title  "Hospitals,"  of  the 
Baltimore  City  Code  (1976  Edition),  the  assent  of  the 
Mayor  and  City  Council  of  Baltimore  is  given  to  Queen 
Esther  Hayes  for  the  establishment  of  a  nursing  home  on 
the  premises  located  at  1501-1513  N.  Gilmor  Street,  sub- 
ject to  final  licensure  by  the  State  Department  of  Health 
and  Mental  Hygiene. 

All  ordinances  and  regulations  of  the  Mayor  and  City 
Council  of  Baltimore  shall  be  complied  with  in  the  estab- 
lishment and  operation  of  this  nursing  home. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof,  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat,  and  when  the  Mayor  approves  the 
ordinance  he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  the  ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning  Ap- 
peals, the  Planning  Commission,  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development,  the 
Commissioner  of  Transit  and  Traffic,  and  the  Zoning  Ad- 
ministrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  October  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  875 
(Council  No.  1799) 

An  Ordinance  to  waive  Paragraphs  2132  and  2138  of  Article 
32  of  the  Baltimore  City  Code  (1976  Edition),  said  Ar- 


ORDINANCES  1051 

tide  being  known  generally  as  the  Building  Code  of  Bal- 
timore City,  in  order  to  permit  the  construction  and 
maintenance  of  projecting  stairways  and  planter  not  more 
than  six  feet  from  the  future  plaza  area  of  the  Equitable 
Bank  Center  into  Charles  Street  on  the  east  and  Lombard 
Street  on  the  north  in  the  Inner  Harbor  West  Project. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Paragraphs  2132  and  2138  of  Article  32 
of  the  Baltimore  City  Code  (1976  Edition),  said  Article 
being  known  generally  as  the  Building  Code  of  Baltimore 
City,  be  waived  in  order  to  permit  the  construction  and 
maintenance  of  projecting  stairways  and  planter  not  more 
than  six  (6)  feet  from  the  future  plaza  area  of  the  Equitable 
Bank  Center  into  Charles  Street  on  the  east  and  Lombard 
Street  on  the  north  in  the  Inner  Harbor  West  Project. 
Except  as  in  this  ordinance  specifically  provided,  all  ordi- 
nances and  all  rules  and  regulations  of  the  Mayor  and  City 
Council  of  Baltimore  shall  be  complied  with  in  the  construc- 
tion and  use  of  said  stairways  and  planter. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  876 
(Council  No.  1841) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Charter, 
all  of  the  interests  of  the  Mayor  and  City  Council  of  Bal- 
timore in  and  to  that  parcel  of  land  and  improvements 
described  as  follows: 

Beginning  for  the  same  at  a  point  on  the  northeast  side 
of  Northern  Parkway,  formerly,  Maple  Avenue,  at  the 


1052  ORDINANCES  Ord.  No.  876 

distance  of  60.28  feet  southeasterly  from  the  northeast 
corner  of  Northern  Parkway  and  Everall  Avenue, 
formerly  Evergreen  Avenue,  said  point  being"  formed 
by  the  intersection  of  the  northeast  side  of  said  Northern 
Parkway  and  the  northwest  side  of  Walther  Avenue, 
as  proposed  100  feet  wide,  and  running  thence  binding 
on  the  northwest  side  of  said  Walther  Avenue,  as  pro- 
posed, north  33  degrees  24  minutes  00  seconds  east  108.00 
feet  to  intersect  the  second  line  of  the  parcel  of  land 
conveyed  by  Alexander  Herold  and  Wife  to  Henry  John 
Weber  by  deed  dated  November  27,  1954,  and  recorded 
among  the  land  records  of  Baltimore  City  in  Liber  M.L.P. 
No.  9652,  Folio  54;  thence  binding  on  part  of  the  second 
line  of  said  deed  and  on  the  third,  fourth  and  part  of 
the  fifth  lines  of  said  deed  the  four  following  courses  and 
distances,  namely,  south  74  degrees  43  minutes  30  seconds 
east  93.0  feet,  south  39  degrees  30  minutes  00  seconds 
west  17.35  feet,  south  38  degrees  49  minutes  00  seconds 
west  100.36  feet  and  north  71  degrees  21  minutes  30 
seconds  west  83.0  feet  to  the  place  of  beginning.  Contain- 
ing 8992.0  square  feet  of  land,  more  or  less,  (27-4-5570F- 
6D),  Baltimore,  Maryland,  said  property  being  no  longer 
needed  for  public  use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  pri- 
vate sale  in  accordance  with  Article  V,  Section  5(b)  of  the 
City  Charter,  all  of  the  interests  of  the  Mayor  and  City 
Council  of  Baltimore  in  and  to  that  parcel  of  land  situate 
in  Baltimore,  Maryland  and  described  as  aforesaid.  Said 
property  being  no  longer  needed  for  public  use. 

SEC.  2.  And  be  it  further  ordained,  That  no  deed  or  deeds 
shall  pass  in  accordance  herewith  until  the  same  shall  have 
been  first  approved  by  the  City  Solicitor. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  1053 

No.  877 
(Council  No.  1864) 

An  Ordinance  to  repeal  Ordinance  No.  1184,  approved  De- 
cember 2,  1967,  thereby  withdrawing  a  franchise  that 
permitted  and  authorized  the  A.  Sindler  Furniture  Com- 
pany, a  body  corporate  of  the  State  of  Maryland,  to 
construct  and  maintain  a  bridge-way  above  a  certain 
street. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  that  Ordinance  No.  1184,  approved  December 
2,  1967,  be  and  the  same  is  hereby  repealed;  provided  how- 
ever, that  no  claims,  charges,  and/or  liabilities  which  have 
arisen,  accrued,  or  become  due  under  or  by  virtue  of  said 
ordinance  at  'any  time  or  times  prior  to  the  passage  and 
approval  of  this  ordinance  shall  be  in  any  way  affected  by 
the  repeal  of  said  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  October  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  878 
(Council  No.  1895) 

An  Ordinance  providing  for  reserved  parking  on  the  east 
side  of  Wilmington  Avenue  near  Benson  Avenue  for 
Thomas  W.  Hamill. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  on  the  east  side  of  Wilmington  Avenue, 
from  a  point  144  feet  south  of  Benson  Avenue  to  a  point  175 
feet  south  of  Benson  Avenue,  parking  is  reserved  for 
Thomas  W.  Hamill. 


1054  ORDINANCES  Ord.  No.  879 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  day  of  its  passage. 

Approved  October  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  879 
(Council  No.  1745) 

An  Ordinance  to  repeal  and  reordain  with  amendments 
Sections  106(2)  and  (3),  112(3),  and  113(5)  of  Article 
31  of  the  Baltimore  City  Code  (1976  Edition),  title 
'Transit  and  Traffic";  to  repeal  Sections  107(1),  (2), 
and  (3)  of  said  Article  31  and  ordain  in  lieu  thereof 
Sections  107(1)  and  (2);  to  repeal  Section  108(1)  of 
said  Article  31  and  ordain  in  lieu  thereof  new  Section 
108(1) ;  and  to  add  to  said  Article  31  new  Sections  102(3) 
and  (4),  103 (2a)  and  (5a),  105(1),  106 (3a),  112 (2a), 
113(5a),  116(la),  (lb),  and  (lc),  119 (2a),  and  120(1); 
deleting  certain  areas  as  impounding  areas;  and  desig- 
nating certain  areas  as  impounding  areas. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sections  106(2)  and  (3),  112(3),  and 
113(5)  of  Article  31  of  the  Baltimore  City  Code  (1976  Edi- 
tion), title  'Transit  and  Traffic",  subtitle  "Clear  Streets", 
be  and  they  are  hereby  repealed  and  reordained  with 
amendments  to  read  as  follows : 

106.     F  Streets. 

[(2)  Fayette  Street,  both  sides,  from  Holliday  Street  to 
Greene  Street.  (3)  Fayette  Street,  northerly  side,  from 
Greene  Street  to  Monroe  Street.]  (2)  Fayette  Street,  south- 
erly side,  from  Gay  Street  to  Greene  Street.  (3)  Fayette 
Street,  northerly  side,  from  Gay  Street  to  Fulton  Avenue. 

112.     L  Streets. 

[(3)  Lexington  Street,  both  sides,  from  Holliday  Street  to 
Pearl  Street.]  (3)  Lexington  Street,  both  sides,  from  Gay 
Street  to  Pearl  Street. 


ORDINANCES  1055 


113.     M  Streets. 


[(5)  Mt.  Royal  Avenue,  northerly  side,  from  Guilford 
Avenue  to  Maryland  Avenue.]  (5)  Mt.  Royal  Avenue, 
northerly  side,  from  North  Avenue  to  Guilford  Avenue. 

Sec.  2.  And  be  it  further  ordained,  That  Sections 
107(1),  (2),  and  (3)  of  Article  31  of  the  Baltimore  City 
Code  (1976  Edition),  title  "Transit  and  Traffic",  subtitle 
"Clear  Streets",  be  and  they  are  hereby  repealed  and  new 
Sections  107(1)  and  (2)  are  hereby  ordained  in  lieu 
thereof  to  read  as  follows : 

107.  G  Streets. 

![(1)  Gay  Street,  both  sides,  from  Pratt  Street  to  Fayette 
Street.  (2)  Gay  Street,  easterly  side,  from  Colvin  Street 
to  North  Avenue.  (3)  Gay  Street,  westerly  side,  from 
Ashland  Avenue  to  North  Avenue.]  (1)  Gay  Street,  both 
sides,  from  Pratt  Street  to  Orleans  Street.  (2)  Gay  Street, 
both  sides,  from  Broadway  to  North  Avenue. 

Sec.  3.  And  be  it  further  ordained.  That  Section  108(1) 
of  Article  31  of  the  Baltimore  City  Code  (1976  Edition), 
title  "Transit  and  Traffic",  subtitle  "Clear  Streets",  be  and 
it  is  hereby  repealed  and  new  Section  108(1)  is  hereby 
ordained  in  lieu  thereof  to  read  as  follows : 

108.  H  Streets. 

[(1)  Holliday  Street,  easterly  side,  from  Baltimore  Street 
to  Fayette  Street.]  (1)  Hillen  Street,  both  sides,  from  Hol- 
liday Street  to  Ensor  Street. 

Sec.  4.  And  be  it  further  ordained,  That  new  Sections 
102(3),  102(4),  103 (2a),  103 (5a),  105(1),  106 (3a), 
112(2a),  113(5a),  116(la),  116(lb),  116(c),  119(2a),  and 
120(1)  be  and  they  are  hereby  added  to  Article  31  of  the 
Baltimore  City  Code  (1976  Edition),  title  "Transit  and 
Traffic",  subtitle  "Clear  Streets",  to  read  as  follows: 

102.     B  Streets. 

(3)  Belair  Road,  both  sides,  from  North  Avenue  to  Sin- 
chair  Lane.  (V  Broening  Highway,  both  sides,  from  Cardiff 
Avenue  to  Colgate  Creek  Bridge. 


1056 


ORDINANCES 


Ord.  No.  879 


103.     C  Streets. 

(2a)  Cathedral  Street,  easterly  side,  from  Biddle  Street 
to  Mt.  Royal  Avenue.  (5a)  Charles  Street,  both  sides,  from 
Pratt  Street  to  Fayette  Street. 

105.  E  Streets. 

(1)  Edmondson  Avenue,  both  sides,  from  Franklin  Street 
to  Hilton  Street. 

106.  F  Streets. 

(3a)  Fayette  Street,  both  sides,  from  Fallsway  to  Fred- 
erick Street. 

112.  L  Streets. 

(2a)  Lanvale  Street,  northerly  side,  from  Maryland  Ave- 
nue to  Charles  Street. 

113.  M  Streets. 

(5a)  Mt.  Royal  Avenue,  southerly  side,  from  North  Ave- 
nue to  Maryland  Avenue. 

116.     P  Streets. 

(la)  Park  Avenue,  both  sides,  from  Baltimore  Street  to 
Centre  Street,  (lb)  Park  Avenue,  easterly  side,  from  Centre 
Street  to  Biddle  Street. 

(1c)  Pimlico  Race  Track  Area.  That  area  in  the  general 
vicinity  of  Pimlico  Race  Track  bounded  by  a  point  begin- 
ning at  the  intersection  of  Greenspring  Avenue  and  Oakley 
Avenue  and  continuing  westerly  on  Oakley  Avenue  to  its 
point  of  intersection  with  Park  Heights  Avenue;  north  on 
Park  Heights  Avenue  to  its  point  of  intersection  with  Glen 
Avenue;  east  on  Glen  Avenue  and  Cross  Country  Boulevard 
and  then  continuing  south  on  Cross  Country  Boulevard  to 
its  point  of  intersection  with  Greenspring  Avenue  and 
south  on  Greenspring  Avenue  to  the  point  of  beginning 
including  Hayward  Avenue  from  Park  Heights  Avenue  to 
Reisterstown  Road,  but  excluding  Park  Heights  Avenue, 
at  such  locations  as  the  Department  of  Transit  and  Traffic 
shall  erect  signs  setting  forth  a  parking  prohibition  to- 
gether with  the  legend  uCars  Towed  Away" ;  except  that 
this  subtitle  (1)  shall  not  be  effective  on  Preakness  Day; 


ORDINANCES  1057 

and  (2)  shall  be  effective  in  this  area  only  during  meets  at 
Pimlico  Race  Track. 

119.  S  Streets. 

(2a)  Saratoga  Street,  both  sides,  from  Holliday  Street 
to  Greene  Street. 

120.  T  Streets. 

(1)  Thirty-third  Street,  both  sides,  from  St.  Paid  Street 
to  Ellerslie  Avenue. 

Sec.  5.  And  be  it  further  ordained,  That  the  Department 
of  Transit  and  Traffic  shall  set  forth  a  list  of  the  streets 
posted  in  accordance  with  Section  116  (lc)  together  with 
the  times  during  which  parking  is  to  be  prohibited  on  each 
street.  Copies  of  said  list  will  be  supplied  by  the  Depart- 
ment of  Transit  and  Traffic  to  any  interested  parties. 

Sec.  6.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  880 
(Council  No.  1777) 

An  Ordinance  authorizing  the  Mayor  and  City  Council  of 
Baltimore  to  sell  at  either  public  or  private  sale  in  ac- 
cordance with  Article  V,  Section  5(b)  of  the  City  Char- 
ter, all  of  the  interest  of  the  Mayor  and  City  Council  of 
Baltimore  in  and  to  that  parcel  of  land  known  as  a  por- 
tion of  5/7  S.  Eutaw  Street,  Lot  26,  Block  655,  Baltimore, 
Maryland,  said  property  being  no  longer  needed  for  pub- 
lic use. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Comptroller  of  Baltimore  City  be 
and  he  is  hereby  authorized  to  sell  at  either  public  or  private 


1058  ORDINANCES  Ord.  No.  880 

sale  in  accordance  with  Article  V,  Section  5(b)  of  the  City 
Charter,  all  of  the  interest  of  the  Mayor  and  City  Council 
of  Baltimore  in  and  to  that  parcel  of  land  situate  in  Balti- 
more, Maryland,  and  described  as  follows : 

Beginning  for  the  same  at  a  point  on  the  east  side  of 
Eutaw  Street,  as  now  laid  out,  said  point  of  beginning  being 
distant  41.5  feet  southerly,  measured  along  the  east  side  of 
said  Eutaw  Street  from  Redwood  Street,  as  now  laid  out, 
said  point  of  beginning  also  being  the  beginning  of  the 
tenth  parcel  of  land  described  in  a  deed  conveyed  by  the 
Warner-Lambert  Pharmaceutical  Company  to  the  Mayor 
and  City  Council  of  Baltimore  "Et  al"  by  deed  dated  March 
13,  1968  and  recorded  among  the  Land  Records  of  Balti- 
more City  in  Liber  R.H.B.  No.  2379,  Folio  401,  and  running 
thence  easterly  binding  in  part  on  the  north  side  of  a  wall, 
there  situate,  in  part  on  the  line  of  the  north  side  of  said 
wall  if  projected  easterly,  and  in  all,  on  the  second  line  of 
the  second  parcel  of  land  conveyed  by  Mary  Brownstein 
"Et  al"  to  Gilbert  Sapperstein  "Et  al"  by  deed  dated  De- 
cember 22,  1975  and  recorded  among  the  said  Land  Records 
in  Liber  R.H.B.  No.  3316,  Folio  587,  and  also  reversely  on 
the  last  line  of  the  parcel  of  land  described  in  the  deed  men- 
tioned firstly  herein,  Easterly  50.38  feet  to  the  centerline 
of  a  3  foot  alley,  as  now  laid  out,  if  projected  southerly; 

thence  binding  on  last  said  line  so  projected  and  reversely 
on  the  fifth  line  of  the  tenth  parcel  of  land  described  in  the 
deed  mentioned  firstly  herein,  Southerly  2.2  feet,  more  or 
less,  to  intersect  the  south  side  of  a  wall,  there  situate; 
thence  binding  on  the  south,  east  and  west  sides  of  said 
wall,  the  five  following  courses  and  distances;  namely, 
Westerly  2  feet,  more  or  less,  Northerly  1  foot,  more  or 
less,  Westerly  47.5  feet,  more  or  less,  Southerly  0.5  feet, 
more  or  less,  and  Westerly  0.9  feet,  more  or  less,  to  intersect 
the  east  side  of  said  Eutaw  Street  and  thence  binding  on 
the  east  side  of  said  Eutaw  Street  and  reversely  on  part  of 
the  first  line  of  the  tenth  parcel  of  land  described  in  the 
deed  mentioned  firstly  herein,  to  the  beginning  thereof, 
Northerly  1.7  feet,  more  or  less,  to  the  place  of  beginning. 
Containing  63  square  feet  of  land,  more  or  less,  and  being 
known  as  a  portion  of  5/7  S.  Eutaw  Street,  Lot  26,  Block 
655. 


ORDINANCES  1059 

Said  property  being  no  longer  needed  for  public  use. 

Sec.  2.  Be  it  further  ordained,  That  no  deed  or  deeds  shall 
pass  in  accordance  herewith  until  the  same  shall  have  been 
first  approved  by  the  City  Solicitor. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  881 
(Council  No.  1926) 

An  Ordinance  providing  for  reserved  parking  on  the  east 
side  of  Hunter  Street  between  Monument  and  Madison 
Streets  for  certain  persons  attending  Traffic  Court. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
Monument  Street  to  Madison  Street,  parking  is  reserved 
for  police  officers  and  members  of  the  State's  Attorneys 
Office  and  the  Public  Defenders  Office  attending  Traffic 
Court. 

Sec.  2.  And  be  it  further  ordained ,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  October  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  882 
(Council  No.  1986) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation   in   the   amount   of   One   Hundred   Fifty 


1060  ORDINANCES  Ord.  No.  882 

Thousand  Dollars  ($150,000)  to  the  Urban  Services 
Agency  to  be  used  for  rehabilitating  property  located  at 
904  Washington  Boulevard  and  identified  as  Ward  7, 
Section  3,  Block  1566,  Lot  79  in  Baltimore  City,  in  ac- 
cordance with  the  provisions  of  Article  VI,  Section 
2(h)  (3)  of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  fi- 
nal payment  for  the  Model  Cities  Grant  from  the  Depart- 
ment of  Housing  and  Urban  Development  which  has  be- 
come a  part  of  the  general  revenue  of  the  City  in  excess 
of  the  revenues  estimated  and  relied  upon  by  the  Board  of 
Estimates  in  determining  the  tax  levy  required  to  balance 
the  budget  for  the  1979  fiscal  year  and  are  therefore  avail- 
able for  appropriation  as  provided  in  Article  VI,  Section 
2(i)  of  the  1964  revised  Charter  of  Baltimore  City;  and 

Whereas,  the  additional  sum  here  appropriated  is  for 
a  new  program  which  could  not  reasonably  be  anticipated 
at  the  time  of  formulation  of  the  proposed  Ordinance  of 
Estimates  for  the  1979  fiscal  year,  in  accordance  with 
Article  VI,  Section  2(h)  (3)  of  said  Charter;  and 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
4th  day  of  October,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)  (3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2  of  the  1964  revision  of  the  Charter  of  Baltimore 
City,  the  sum  of  One  Hundred  Fifty  Thousand  Dollars 
($150,000)  shall  be  made  available  to  the  Urban  Services 
Agency  of  the  City  of  Baltimore  as  a  supplementary  gen- 
eral fund  appropriation  for  the  fiscal  year  ending  June  30, 
1979  for  the  purpose  of  rehabilitating  property  located  at 
904  Washington  Boulevard,  and  identified  as  Ward  7,  Sec- 
tion 3,  Block  1566,  Lot  79  in  Baltimore  City.  The  amount 
thus  made  available  as  a  supplementary  general  fund  ap- 
propriation shall  be  expended  from  surplus  general  funds 
of  the  Mayor  and  City  Council  of  Baltimore  representing 
final  payment  for  the  Model  Cities  Grant  from  the  Depart- 


ORDINANCES  1061 

ment  of  Housing  and  Urban  Development;  and  said  funds 
from  said  surplus  shall  be  the  source  of  revenue  for  this 
supplementary  general  fund  appropriation,  as  required  by 
Article  VI,  Section  2  of  the  1964  revised  Charter  of  Balti- 
more City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  883 
(Council  No.  1987) 

An  Ordinance  providing  for  a  supplementary  general  fund 
appropriation  in  the  amount  of  Fifty  Thousand  Dollars 
($50,000)  to  the  Urban  Services  Agency  to  be  used  for 
rehabilitating  two  properties  located  in  the  Greenmount- 
West  Urban  Renewal  Area  of  Baltimore  City,  in  accord- 
ance with  the  provisions  of  Article  VI,  Section  2(h)  (3) 
of  the  Baltimore  City  Charter  (1964  Revision). 

Whereas,  the  money  appropriated  herein  represents  fi- 
nal payment  for  the  Model  Cities  Grant  from  the  Depart- 
ment of  Housing  and  Urban  Development  which  has  be- 
come a  part  of  the  general  revenue  of  the  City  in  excess 
of  the  revenues  estimated  and  relied  upon  by  the  Board  of 
Estimates  in  determining  the  tax  levy  required  to  balance 
the  budget  for  the  1979  fiscal  year  and  are  therefore 
available  for  appropriation  as  provided  in  Article  VI,  Sec- 
tion 2(i)  of  the  1964  revised  Charter  of  Baltimore  City; 
and 

Whereas,  the  additional  sum  here  appropriated  is  for  a 
new  program  which  could  not  reasonably  be  anticipated  at 
the  time  of  formulation  of  the  proposed  Ordinance  of  Esti- 
mates for  the  1979  fiscal  year,  in  accordance  with  Article 
VI,  Section  2(h)  (3)  of  said  Charter;  and 


1062  ORDINANCES  Ord.  No.  884 

Whereas,  the  supplementary  general  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
4th  day  of  October,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)  (3)  of  said  Charter. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2  of  the  1964  revision  of  the  Charter  of  Baltimore 
City,  the  sum  of  Fifty  Thousand  Dollars  ($50,000)  shall 
be  made  available  to  the  Urban  Services  Agency  of  the 
City  of  Baltimore  as  a  supplementary  general  fund  appro- 
priation for  the  fiscal  year  ending  June  30,  1979  for  the 
purpose  of  rehabilitating  two  properties  located  in  the 
Greenmount-West  Urban  Renewal  Area  of  Baltimore  City. 
The  amount  thus  made  available  as  a  supplementary  gen- 
eral fund  appropriation  shall  be  expended  from  surplus 
general  funds  of  the  Mayor  and  City  Council  of  Baltimore 
representing  final  payment  for  the  Model  Cities  Grant 
from  the  Department  of  Housing  and  Urban  Development ; 
and  said  funds  from  said  surplus  shall  be  the  source  of 
revenue  for  this  supplementary  general  fund  appropria- 
tion, as  required  by  Article  VI,  Section  2  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  884 
(Council  No.  1746) 

An  Ordinance  to  add  new  Section  53 A  to  Article  31  of  the 
Baltimore  City  Code  (1976  Edition),  title  "Transit  and 
Traffic",  new  subtitle  "Limited  Access  Highways",  pro- 
hibiting stopping  on  limited  access  highways. 


ORDINANCES  1063 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  53A  be  and  it  is  hereby- 
added  to  Article  31  of  the  Baltimore  City  Code  (1976 
Edition) ,  title  "Transit  and  Traffic",  to  be  under  new  sub- 
title "Limited  Access  Highways",  and  to  read  as  follows : 

Limited  Access  Highways 

53 A.     Stopping  prohibited. 

No  vehicle  shall  be  permitted  to  stop  at  any  limited 
access  highway  withm  the  confines  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  31,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  885 
(Council  No.  1835) 

An  Ordinance  to  approve  the  application  of  John  J.  Ger- 
menko,  owner  of  the  property  lying  north  of  West 
Patapsco  Avenue,  west  of  Magnolia  Avenue  and  including 
3100  Viona  Avenue,  consisting  of  14  acres,  more  or  less, 
to  have  said  property  designated  an  Industrial  Planned 
Development  in  accordance  with  Sections  12.0-1  and 
12.0-5  of  Article  30  of  the  Baltimore  City  Code  (1976 
Edition) ;  and  to  approve  the  Development  Plan  sub- 
mitted by  John  J.  Germenko,  subject  to  the  condition 
that  in  addition  to  the  modification  procedures  outlined 
in  Section  12.0-lb  of  the  Zoning  Code,  future  uses  will  be 
subject  to  design  approval  by  the  Planning  Commission. 

Whereas,  John  J.  Germenko  is  the  owner  of  the  property 
lying  north  of  West  Patapsco  Avenue,  west  of  Magnolia 
Avenue  and  including  3100  Viona  Avenue,  consisting  of  14 
acres,  more  or  less;  and 


1064  ORDINANCES  Ord.  No.  885 

Whereas,  on  June  16,  1978,  John  J.  Germenko  met  with 
the  Department  of  Planning  of  Baltimore  City,  to  hold  a 
Pre-Petition  Conference  to  explain  the  scope  and  nature  of 
existing-  and  proposed  development  on  the  property  in  order 
to  institute  proceedings  to  have  said  property  designated 
an  Industrial  Planned  Development;  and 

Whereas,  together  herewith  John  J.  Germenko  made 
formal  application  to  the  City  Council  of  Baltimore  City 
and  has  submitted  the  requisite  development  plan,  includ- 
ing the  following:  Existing  outline  and  topography,  Plat 
No.  1,  Revised  June  19,  1978;  Development  Plat  —  Parcel 
2,  Plat  No.  2,  Revised  June  19,  1978;  and  Plans,  elevation 
and  section,  Proposed  Building  for  4D  Incorporated,  June 
21,  1978;  intended  to  satisfy  the  requirements  specified  in 
Sections  12.0-1  and  12.0-5  of  Article  30  of  the  Baltimore 
City  Code  (1976  Edition) ;  now  therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  application  of  John  J.  Germenko, 
owner  of  the  property  lying  north  of  West  Patapsco  Ave- 
nue, west  of  Magnolia  Avenue,  and  including  3100  Viona 
Avenue,  consisting  of  14  acres,  more  or  less,  as  outlined  in 
the  Development  Plan  accompanying  this  ordinance  to  des- 
ignate said  property  an  Industrial  Planned  Development 
pursuant  to  Article  30,  Sections  12.0-1  and  12.0-5  of  the 
Baltimore  City  Code  (1976  Edition),  be  and  it  is  hereby 
approved. 

Sec.  2.  And  be  it  further  ordained,  That  the  Development 
Plan  submitted  by  John  J.  Germenko,  attached  hereto  and 
made  a  part  hereof,  be  and  it  is  hereby  approved  subject  to 
the  following  condition: 

In  addition  to  the  modification  procedures  outlined  in 
Section  12.0-lb  of  the  Zoning  Code,  future  uses  will  be  sub- 
ject to  design  approval  by  the  Planning  Commission. 

Sec.  3.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  Development  Plan  which  is  a  part  hereof 
and  in  order  to  give  notice  to  the  departments  which  are 
administering  the  Zoning  Ordinance,  the  President  of  the 
City  Council  shall  sign  the  Development  Plan,  and  when  the 


ORDINANCES  1065 

Mayor  approves  the  ordinance,  he  shall  sign  the  Develop- 
ment Plan.  The  City  Treasurer  shall  then  transmit  a  copy 
of  the  ordinance  and  the  Development  Plan  to  the  Board 
of  Municipal  and  Zoning  Appeals,  the  Planning  Commission, 
and  the  Zoning  Administration. 

Sec.  4.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  October  31,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  886 
(Council  No.  1845) 

An  Ordinance  providing  reserved  parking  on  the  south  side 
of  Walrad  Avenue  near  Yale  Avenue  for  George  Cover. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  on  the  south  side  of  Walrad  Avenue, 
from  a  point  approximately  92  feet  east  of  Yale  Avenue  to 
a  point  approximately  117  feet  east  of  Yale  Avenue,  parking 
is  reserved  for  George  Cover. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  31,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  887 
(Council  No.  1985) 

An  Ordinance  authorizing  and  providing  for  the  issuance 
from  time  to  time,  by  The  Mayor  and  City  Council  of 


1066  ORDINANCES  Ord.  No.  887 

Baltimore,  Maryland  of  its  revenue  bonds,  designated 
"Port  Facilities  Revenue  Bonds  (Indiana  Farm  Bureau 
Cooperative  Association,  Inc.  Project)"  in  an  aggregate 
principal  amount  not  exceeding  $14,000,000  pursuant  to 
the  provisions  of  Sections  266A  through  266-1,  inclusive, 
of  Article  41  of  the  Annotated  Code  of  Maryland  (1978 
Replacement  Volume,  as  amended)  in  order  to  loan  the 
proceeds  to  Indiana  Farm  Bureau  Cooperative  Associa- 
tion, Inc.,  an  Indiana  corporation,  for  the  sole  and  ex- 
clusive purpose  of  financing  the  acquisition  of  certain 
port  facilities  in  the  City  of  Baltimore  as  provided  in 
this  ordinance;  making  certain  legislative  findings, 
among  others,  concerning  the  public  benefit  and  pur- 
pose of  the  revenue  bonds;  providing  that  such  revenue 
bonds  (a)  shall  be  payable  solely  and  only  from  revenue 
derived  from  payments  to  the  City  on  account  of  such 
loan  and  (b)  shall  not  ever  constitute  within  the  mean- 
ing of  any  constitutional  or  charter  provision  or  other- 
wise (i)  an  indebtedness  of  Mayor  and  City  Council  of 
Baltimore,  or  any  other  political  subdivision  or  (ii)  a 
charge  against  the  general  credit  or  taxing  powers  of 
such  City ;  providing  that  this  ordinance  shall  constitute 
a  binding  and  enforceable  commitment  by  such  City  to 
issue  the  revenue  bonds  so  authorized;  authorizing  the 
private  sale  of  such  revenue  bonds;  providing  that  cer- 
tain matters  pertaining  to  such  revenue  bonds,  including 
(without  limitation)  amounts  and  dates  of  any  series  of 
such  revenue  bonds  and  maturity  or  maturities,  shall  be 
determined  administratively  at  or  prior  to  the  time  of 
such  private  sale  of  any  series  of  such  revenue  bonds 
by  resolution  of  the  City  Council  of  Baltimore  approved 
by  the  Mayor  or  Acting  Mayor  of  Baltimore ;  delegating 
various  matters  to  the  Commissioners  of  Finance  of  the 
City,  including  (without  limitation)  the  sale  of  any 
series  of  such  revenue  bonds,  the  establishment  of  the 
interest  rate  or  rates,  sinking  fund  requirements,  and 
redemption  provisions  at  the  time  of  such  private  sale 
and  the  appointment  of  a  trustee  to  act  under  the  ordi- 
nance as  a  trustee  for  all  moneys  received  by  the  City 
hereunder;  providing  that  such  City  Council  may  de- 
termine administratively  by  resolution  or  by  other  ap- 
propriate action  all  other  matters  pertaining  to  the  issu- 
ance, sale  and  delivery  of  any  series  of  such  revenue 


ORDINANCES  1067 

bonds,  including  (without  limitation)  the  provisions  of 
trust  between  the  City  and  the  trustee,  the  execution  of 
a  loan  agreement,  the  creation  of  a  loan  or  construction 
fund  to  be  held  by  the  trustee  and  provision  for  its 
disbursement,  provision  for  the  investment  of  moneys 
held  by  the  trustee,  provision  of  remedies  for  bond- 
holders in  the  event  of  default,  and  provision  for  the 
enactment  of  supplemental  ordinances  and  resolutions; 
and  generally  providing  for  and  determining  various 
matters  in  connection  with  the  authorization,  issuance, 
security,  sale  and  payment  of  such  revenue  bonds. 

RECITALS 

Sections  266A  through  266-1,  inclusive,  of  Article  41  of 
the  Annotated  Code  of  Maryland  (1978  Replacement 
Volume),  as  re-enacted,  with  amendments,  by  Chapter 
352  of  the  Laws  of  Maryland  of  1972  and  as  amended 
by  Chapter  396  of  the  Laws  of  Maryland  of  1973,  Chap- 
ter 342  of  the  Laws  of  Maryland  of  1975,  Chapter  421 
of  the  Laws  of  Maryland  of  1976,  Chapters  348  and  528 
of  the  Laws  of  Maryland  of  1977,  and  Chapters  816, 
945,  946,  and  953  of  the  Laws  of  Maryland  of  1978 
(collectively,  the  "Enabling  Legislation")  constitute 
those  provisions  of  Maryland  law  authorizing  the  issu- 
ance of  industrial  revenue  bonds  by  all  the  counties  and 
municipalities  of  the  State  of  Maryland  (the  "State"). 

The  Enabling  Legislation  now  empowers  the  counties  and 
municipalities  of  the  State  (including  the  Mayor  and 
City  Council  of  Baltimore)  to  issue  revenue  bonds  and 
to  loan  the  proceeds  of  the  sale  of  such  revenue  bonds 
to  a  port  facility  tenant  or  purchaser  to  finance  the  ac- 
quisition (including  the  rehabilitation,  remodeling,  ex- 
tension, or  permanent  improvement)  by  such  port  fa- 
cility tenant  or  purchaser  of  port  facilities  (including 
elevators  and  other  facilities,  appurtenances,  and  equip- 
ment necessary  or  useful  in  connection  with  the  opera- 
tion of  a  modern  port).  The  Enabling  Legislation  de- 
clares it  to  be  the  legislative  purpose  to  relieve  condi- 
tions of  unemployment  in  the  State,  to  encourage  the 
increase  of  industry  and  a  balanced  economy  in  the 
State,  to  assist  in  the  retention  of  existing  industry  in 


1068  ORDINANCES  Ord.  No.  887 

the  State,  to  promote  economic  development,  and  in  this 
manner  to  promote  the  health,  welfare,  and  safety  of 
the  residents  of  each  of  the  counties  and  municipalities 
of  the  State. 

Mayor  and  City  Council  of  Baltimore  (the  "City")  has 
determined  to  issue  and  sell  not  exceeding  $14,000,000 
aggregate  principal  amount  of  its  revenue  bonds,  here- 
inafter designated  "Port  Facilities  Revenue  Bonds  (In- 
diana Farm  Bureau  Cooperative  Association,  Inc.  Proj- 
ect)" (the  "Bonds")  and  to  loan  the  proceeds  of  such 
Bonds  to  Indiana  Farm  Bureau  Cooperative  Association, 
Inc.,  an  Indiana  corporation  and  a  port  facility  tenant 
or  purchaser  as  mentioned  in  the  Enabling  Legislation 
(the  "Association"),  on  the  terms  and  conditions  to  be 
set  forth  in  a  loan  agreement  executed  pursuant  to  this 
ordinance  (the  "Loan  Agreement")  in  order  to  finance 
a  port  facilities  project  in  the  City  as  described  below 
(the  "Project"). 

The  Project  consists  of  the  reconstruction,  including  the 
rehabilitation,  remodeling,  extension,  and  permanent  im- 
provement, of  certain  portions  of  a  grain  elevator  situ- 
ated adjacent  to  a  pier  leased  to  the  Association  by  the 
Maryland  Port  Authority  which  is  located  at  the  inter- 
section of  Andre  and  Beasons  Streets  in  the  City  of 
Baltimore.  The  Project  includes  the  modernization  and 
reconstruction  of  the  Association's  existing  grain  han- 
dling and  storage  facilities  and  the  construction  and 
acquisition  of  additional  facilities  for  the  handling,  load- 
ing, unloading,  storage,  and  transshipment  of  grain  for 
export,  including  the  acquisition  and  construction  of 
storage  tanks,  scales,  conveyor  systems,  dust  control 
systems,  and  related  electrical  and  lighting  equipment, 
instrumentation,  and  computer  and  communications  sys- 
tems. The  Project  may  be  completed  in  several  stages, 
all  or  any  of  which  may  be  financed  through  the  issuance 
of  Bonds  at  one  time  or  from  time  to  time  as  authorized 
herein. 

The  Association  has  developed  estimates  of  the  cost  of  the 
Project  based  on  existing  technology  and  regulations  to- 
gether with  presently  available  studies,  cost  data  and 
other  relevant  information.  Experience  in  the  financing 


ORDINANCES  1069 

of  such  projects  has  demonstrated  that  developing  tech- 
nology, changing  requirements  of  Federal  and  State 
regulatory  agencies,  changing  economic  circumstances, 
and  substantial  inflation  in  acquisition  costs,  among 
other  matters,  often  render  the  initial  estimate  of  the 
cost  of  such  projects  inadequate.  Accordingly,  the  City 
has  determined  to  authorize  the  issuance  of  the  Bonds  in 
an  amount  exceeding  the  presently  estimated  cost  of  the 
Project,  with  the  intention  that  no  series  of  Bonds  shall 
be  issued  pursuant  to  this  ordinance  in  an  amount  in 
excess  of  the  cost  of  the  Project  being  financed  by  such 
Bonds  as  estimated  at  the  time  of  the  issuance  of  such 
Bonds.  (Such  cost  may  include,  without  limitation,  un- 
derwriting discount,  interest  during  construction,  if  any, 
and  financing  costs  such  as  fees  of  attorneys,  accountants 
and  other  consultants.) 

This  ordinance  authorizes  a  transaction  which  the  Asso- 
ciation proposed  to  the  City  by  a  letter  of  intent  dated 
September  29,  1978,  in  accordance  with  Section  266B(d) 
of  the  Enabling  Legislation. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  that,  acting  pursuant  to  the  Enabling  Legis- 
lation, it  is  hereby  found  and  determined,  as  follows : 

(1)  The  issuance  of  revenue  bonds  by  the  City  pursuant 
to  the  Enabling  Legislation  in  order  to  loan  the  proceeds 
to  the  Association  for  the  sole  and  exclusive  purpose  of 
acquiring  port  facilities  within  the  meaning  of  the  En- 
abling Legislation  will  facilitate  and  expedite  the  acquisi- 
tion of  such  port  facilities  by  the  Association; 

(2)  The  accomplishment  of  the  transactions  contem- 
plated and  authorized  by  this  ordinance,  including  (with- 
out limitation)  the  completion  of  the  Project  by  the  Asso- 
ciation and  the  financing  thereof  will  (i)  sustain  jobs  and 
employment,  thereby  relieving  conditions  of  unemployment 
in  the  State  and  in  the  City;  (ii)  encourage  the  increase 
of  industry  and  a  balanced  economy  in  the  State  and  in 
the  City;  (iii)  assist  in  the  retention  of  existing  industry 
in  the  State  and  in  the  City;  (iv)  promote  economic  de- 
velopment; and  (v)  promote  the  health,  welfare  and  safety 
of  the  residents  of  the  City  and  of  the  State; 


1070  ORDINANCES  Ord.  No.  887 

(3)  In  addition  to  authorizing  the  City  itself  to  acquire 
and  either  to  lease  or  to  sell  such  facilities  to  a  port  fa- 
cility tenant  or  purchaser,  the  Enabling  Legislation,  as  an 
alternative  procedure,  authorizes  port  facilities  financing 
to  be  accomplished  in  the  form  of  a  loan  to  the  Associa- 
tion. The  loan  form  of  transaction  avoids  indirect  costs 
and  burdens  on  the  City  by  not  requiring  any  direct  in- 
volvement by  the  City  in  the  construction,  ownership  or 
administration  of  such  facilities;  however,  it  permits  con- 
trols to  be  imposed  on  the  use  of  the  proceeds  of  the  Bonds 
to  insure  that  the  public  purposes  of  the  Enabling  Legisla- 
tion and  the  Bonds  are  fully  accomplished.  It  is,  therefore, 
in  the  best  interests  of  the  citizens  of  the  City  to  finance 
the  Project  by  a  loan  to  the  Association.  This  ordinance 
contemplates  and  authorizes  a  transaction  in  the  form  of 
a  loan  of  the  proceeds  of  the  Bonds  by  the  City  to  the 
Association,  rather  than  a  transaction  in  the  form  of  a 
lease  or  sale.  Accordingly,  this  ordinance  and  the  Loan 
Agreement  hereby  authorized  contained  such  provisions  as 
the  City  deems  appropriate  to  effect  the  financing  of  the 
Project  by  the  loan  form  of  transaction. 

(4)  Neither  the  Bonds  nor  interest  coupons  issued  under 
the  authority  of  the  Enabling  Legislation  constitute  an 
indebtedness  of  the  City  or  a  charge  against  the  general 
credit  or  taxing  powers  of  the  City  within  the  meaning  of 
any  constitutional  provision  or  provisions  of  the  City 
Charter  or  statutory  limitation  and  shall  never  constitute 
or  give  rise  to  any  pecuniary  liability  of  the  City.  The 
principal  amount  of  the  loan  and  the  payments  to  be  made 
by  the  Association  pursuant  to  the  Loan  Agreement  will 
be  paid  directly  to,  and  will  be  disbursed  by,  the  inde- 
pendent trustee  appointed  by  the  Commissioners  of  Finance 
of  the  City  pursuant  hereto;  no  such  moneys  will  be  com- 
mingled with  the  City's  funds  or  be  subject  to  the  absolute 
control  of  the  City  but  only  to  such  limited  supervision 
and  checks  as  are  deemed  necessary  or  desirable  to  insure 
that  the  proceeds  of  the  Bonds  are  used  to  accomplish  the 
public  purposes  of  the  Enabling  Legislation  and  this  ordi- 
nance. The  Enabling  Legislation  provides  that  a  loan  form 
of  transaction  thereunder  shall  not  constitute  a  capital 
project  within  the  meaning  of  any  charter  or  statutory 
provision.  The  public  purposes  expressed  in  the  Enabling 


ORDINANCES  1071 

Legislation  are  intended  to  be  achieved  by  facilitating  the 
acquisition  of  port  facilities  by  the  Association. 

(5)  Except  insofar  as  is  necessary  or  desirable  to  facili- 
tate the  creation  of  any  security  for  the  Bonds,  the  City 
will  acquire  no  interest  in  the  Project.  The  security  for  the 
Bonds  shall  be  solely  and  exclusively  the  absolute,  irrevoc- 
able, unconditional  obligation  of  the  Association  to  make 
the  payments  required  by  the  Loan  Agreement,  together 
with  such  other  security,  if  any,  as  may  be  provided  in  a 
resolution  adopted  prior  to  the  delivery  of  the  Bonds.  This 
ordinance  definitely  fixes  and  determines  that  the  amount 
of  revenue  necessary  to  be  set  apart  and  applied  to  the 
payment  of  principal,  interest  and  premium  of  the  Bonds 
shall  be  the  entire  amount  of  the  receipts  and  revenues  of 
the  City  from  payments  under  the  Loan  Agreement  except 
for  any  rights  of  the  City  to  indemnification  and  to  pay- 
ments for  the  City's  administrative  expenses. 

(6)  (a)  No  part  or  proportion  of  the  receipts  and  reve- 
nues of  the  City  from  the  loan  shall  be  set  aside  as  a  de- 
preciation account  (mentioned  in  the  Enabling  Legisla- 
tion) since  such  a  depreciation  account  would  (i)  be  in- 
consistent with  the  loan  form  of  transactions  authorized 
hereby  and  (ii)  place  an  unreasonable  burden  on  the  Asso- 
ciation so  as  to  adversely  affect  the  feasibility  of  the  trans- 
actions and  thus  frustrate  the  legislative  purposes  of  the 
Enabling  Legislation  and  (b)  a  covenant  such  as  that  per- 
mitted by  Section  266G(c)  of  the  Enabling  Legislation 
would  be  similarly  inconsistent  with  the  loan  form  of 
transaction  authorized  hereby  in  the  event  Bondholders  do 
not  obtain  or  retain  any  security  interest  in  the  Project. 
Such  a  covenant  is,  therefore,  a  procedure  which  does  not 
appear  to  be  contemplated  by  the  Enabling  Legislation  in 
connection  with  this  transaction. 

Sec.  2.  And  be  it  further  ordained,  that  this  ordinance 
is  intended  to  be,  and  shall  constitute,  a  binding  and  en- 
forceable commitment  by  the  City  to  the  Association  to 
issue  and  deliver  the  Bonds  authorized  hereby  in  accord- 
ance with  the  terms  hereof.  It  is  contemplated  that  the 
Association  may  proceed  with  the  Project  prior  to  the  is- 
suance and  delivery  of  the  Bonds  authorized  hereby  in 
reliance  upon  the  enactment  of  this  ordinance  by  the  City. 


1072  ORDINANCES  Ord.  No.  887 

Sec.  3.  And  be  it  further  ordained,  that  the  issuance, 
sale  and  delivery  of  not  exceeding  $14,000,000  aggregate 
principal  amount  of  revenue  bonds,  hereby  designated 
"Port  Facilities  Revenue  Bonds  (Indiana  Farm  Bureau 
Cooperative  Association,  Inc.  Project)",  are  hereby  au- 
thorized, subject  to  the  provisions  of  this  ordinance,  such 
Bonds  to  be  solely  and  exclusively  payable  from,  and  se- 
cured by,  the  revenue  derived  from  payments  on  the  loan 
to  the  Association  as  provided  herein.  The  aggregate  prin- 
cipal amount  of  Bonds  issued,  sold  and  delivered  pursuant 
to  this  ordinance  shall  not  exceed  $14,000,000  unless  such 
amount  shall  be  increased  by  an  ordinance  supplemental 
hereto. 

The  City  Council  hereby  recognizes  the  function  of  the 
Mayor  and  the  Commissioners  of  Finance  in  making  the 
executive  and  administrative  determinations  necessary  for 
the  issuance  of  bonds  of  the  City.  However,  the  Enabling 
Legislation  constitutes  a  public  general  law  of  the  State 
of  Maryland  to  which  the  provisions  of  the  Baltimore  City 
Charter  are  subject.  The  Enabling  Legislation,  moreover, 
provides  that  the  legislative  body  of  the  City  shall  make 
various  determinations  in  connection  with  the  authoriza- 
tion, issuance  and  sale  of  the  Bonds.  This  ordinance,  there- 
fore, provides  that  the  City  Council  shall  make  certain 
administrative  determinations  in  connection  with  the  issu- 
ance and  sale  of  the  Bonds,  such  determinations  to  be 
effective  only  after  approval  by  the  Mayor  or  Acting 
Mayor.  Thus,  the  purpose  and  intent  of  both  the  Baltimore 
City  Charter  and  the  Enabling  Legislation  will  be  accom- 
plished by  requiring  action  of  both  the  City  Council  and 
the  Mayor  or  Acting  Mayor  to  accomplish  the  final  issuance 
and  sale  of  the  Bonds. 

The  Bonds  authorized  by  this  ordinance  may  be  issued 
in  one  or  more  series,  and  each  such  series  shall  be  identi- 
fied by  a  letter  designation,  so  that  the  first  series  (if  the 
issuance  of  more  than  one  series  of  Bonds  hereunder  is 
then  contemplated)  shall  be  designated  "Port  Facilities 
Revenue  Bonds  (Indiana  Farm  Bureau  Cooperative  Asso- 
ciation, Inc.  Project),  Series  A".  The  Bonds  may  be  fur- 
ther identified  by  the  year  of  issue  or  such  other  appro- 
priate designation  as  the  City  Council  may  determine  by 
resolution  adopted  prior  to  the  delivery  of  the  Bonds.  The 


ORDINANCES  1073 

aggregate  principal  amount  of  Bonds  to  be  issued  pursuant 
to  this  ordinance  at  any  one  time  shall  be  determined  by 
the  City  Council  by  resolution  adopted  prior  to  the  delivery 
of  the  Bonds. 

In  the  event  more  than  one  series  of  Bonds  is  issued 
hereunder,  it  is  contemplated  that  a  separate  series  (which 
may  be  evidenced  by  a  single  instrument)  of  notes  or  other 
obligations  of  the  Association  (evidencing  the  obligation 
of  the  Association  to  repay  the  loan  from  the  City)  be 
issued  to  correspond  with,  and  secure,  each  separate  series 
of  Bonds  issued  hereunder. 

The  Bonds  of  a  series  of  Bond  shall  be  dated  as  of  the 
first  day  of  the  month  next  following  the  date  on  which 
such  series  of  Bonds  is  sold  unless  the  City  Council  shall 
specify  a  different  date  in  its  resolution  hereinafter  de- 
scribed. Such  Bonds  shall  bear  interest  at  an  annual  rate 
or  rates  payable  semi-annually  following  the  date  of  such 
series  of  Bonds  so  that,  if  the  Bonds  of  a  series  are  dated 
January  1,  1979,  interest  on  that  series  of  Bonds  will  be 
payable  on  July  1,  1979,  January  1,  1980,  and  semi-an- 
nually thereafter. 

The  Bonds  of  each  series  of  Bonds  issued  hereunder 
shall  mature  on  such  date  or  dates  as  may  be  provided  in 
the  resolution  of  the  City  Council  hereinafter  described, 
but  the  last  maturity  of  any  such  series  of  Bonds  shall  in 
no  event  exceed  a  period  of  thirty  (30)  years  from  the 
date  of  such  series  of  Bonds  (or  such  later  date  as  may  be 
permitted  under  the  terms  of  the  Enabling  Legislation  in 
effect  on  the  date  of  such  series  of  Bonds).  If  the  said 
resolution  of  the  City  Council  hereinafter  described  does 
not  provide  any  maturity  or  maturities  for  a  series  of 
Bonds,  all  of  the  Bonds  of  such  series  shall  mature  on  the 
date  thirty  (30)  years  from  the  date  of  such  series  of 
Bonds. 

Sec.  4.  And  be  it  further  ordained,  that,  prior  to  the 
delivery  of  any  series  of  Bonds,  the  City  Council  shall 
adopt  a  resolution  or  resolutions  which  shall  prescribe  the 
principal  amount  of  Bonds  to  be  issued  as  a  series  at  any 
one  time. 


1074  ORDINANCES  Ord.  No.  887 

Prior  to  the  delivery  of  any  series  of  Bonds,  the  City 
Council  may  also  adopt  a  resolution  or  resolutions  which 
may  prescribe  (i)  the  date  of  issue  of  such  series  of  Bonds, 
(ii)  the  maturity  or  maturities  of  such  series  of  Bonds, 
(iii)  any  additional  terms  necessary  or  appropriate  to  re- 
flect any  matters  provided  by  resolution  and  (iv)  such 
other  matters  as  may  be  deemed  appropriate  by  the  City 
Council. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
section  of  this  ordinance  shall  be  deemed  to  be  of  an 
administrative  nature  and  shall  be  effective  upon  approval 
by  the  Mayor  or  Acting  Mayor  of  the  City. 

Sec.  5.  And  be  it  further  ordained,  that  it  is  hereby 
found  and  determined  that  the  best  interests  of  the  City 
will  be  served  by  selling  the  Bonds  at  private  sale  as  au- 
thorized by  the  Enabling  Legislation,  upon  the  terms  and 
conditions  determined  by  the  Commissioners  of  Finance  as 
hereinafter  authorized. 

Authority  is  hereby  conferred  on  the  Commissioners  of 
Finance  of  the  City  to  take  the  following  actions  and  to 
make  the  following  commitments  on  behalf  of  the  City : 

(a)  to  prepare  and  distribute,  in  conjunction  with  rep- 
resentatives of  the  Association  and  the  prospective  under- 
writers for  the  Bonds,  both  a  preliminary  and  a  final  offi- 
cial statement,  offering  memorandum,  or  similar  document 
in  connection  with  the  sale  of  the  Bonds ; 

(b)  to  determine  the  date,  time  and  place  when  an 
underwriting  agreement  shall  be  submitted  by  the  under- 
writers for  the  Bonds,  such  underwriting  agreement  to 
specify  the  interest  rate  or  rates  proposed  to  be  paid  on  the 
Bonds,  the  price  at  which  such  Bonds  are  to  be  sold  to 
such  underwriters,  and  such  other  matters  as  the  under- 
writers and  such  Commissioners  of  Finance  may  deem 
necessary  or  desirable  in  order  to  effect  the  sale  and  de- 
livery of  the  Bonds ; 

(c)  to  determine  the  interest  rate  or  rates  to  be  paid  by 
the  City  on  the  Bonds  in  accordance  with  the  proposed 
underwriting  agreement  submitted  by  the  underwriters  for 
the  Bonds,  but  only  after  the  Association  shall  have  given 
the  City  written  approval  of  such  rate  or  rates: 


ORDINANCES  1075 

(d)  to  determine  the  redemption  provisions  for  the 
Bonds,  and  sinking  fund  requirements,  if  any,  for  the 
Bonds ; 

(e)  to  appoint  a  bank  having  trust  powers,  or  a  trust 
company,  as  trustee  for  the  Bonds  to  be  issued  pursuant 
to  this  ordinance ;  and 

(f)  in  order  to  insure  that  such  Bonds  are  issued  with- 
out direct  cost  to  the  City,  to  provide  for  the  payment, 
directly  by  the  Association,  of  all  costs,  fees,  and  expenses 
incurred  by  or  on  behalf  of  the  City  in  connection  with 
the  issuance  of  the  Bonds,  such  payments  to  include  (with- 
out limitation)  compensation  to  any  persons  performing 
services  by  or  on  behalf  of  the  City  in  connection  with  the 
transactions  contemplated  by  this  ordinance. 

Authority  is  hereby  conferred  on  the  Mayor  or  Acting 
Mayor  of  the  City  to  take  the  following  actions  and  to 
make  the  following  commitments  on  behalf  of  the  City: 

(a)  to  execute  and  deliver  a  loan  agreement  by  and  be- 
tween the  City  and  the  Association  in  the  form  determined 
by  resolution  of  the  City  Council  approved  by  the  Mayor 
or  Acting  Mayor  as  authorized  by  Section  7  of  this  ordi- 
nance; and 

(b)  to  execute  and  deliver,  as  a  binding  and  enforceable 
obligation  of  the  City,  the  underwriting  agreement  for  the 
Bonds  by  and  between  the  City  and  the  underwriters  for 
the  Bonds  and  to  proceed  to  accomplish  any  and  all  actions 
necessary  or  deemed  appropriate  by  either  of  them  to  issue 
and  deliver  the  Bonds  to  such  underwriters  in  accordance 
with  the  provisions  of  this  ordinance  and  the  underwriting 
agreement. 

Sec.  6.  And  be  it  further  ordained,  that,  in  authorizing 
the  sale  of  revenue  bonds  to  finance  port  facilities  for  the 
Association  pursuant  to  the  Enabling  Legislation,  the 
Mayor  and  City  Council  are  hereby  empowered  to  provide 
that  the  revenue  bonds  authorized  by  this  ordinance  and 
any  revenue  bonds  authorized  for  such  purpose  by  other 
ordinances,  may  be  consolidated  and  sold  as  one  or  more 
issues  or  series  of  revenue  bonds,  without  regard  to  the 
date  of  enactment  of  any  ordinance  authorizing  the  issu- 


1076  ORDINANCES  Ord.  No.  887 

ance  of  such  revenue  bonds.  The  aggregate  principal 
amount  of  revenue  bonds  authorized  by  this  ordinance  may 
be  increased,  from  time  to  time,  and  the  description  of  the 
Project  may  be  supplemented  or  modified  by  ordinances 
supplemental  to  this  ordinance.  Nothing  contained  in  this 
ordinance  is  intended  to  require  the  adoption  of  an  ordi- 
nance supplemental  to  this  ordinance  to  authorize  the 
deletion  of  any  one  or  more  items  of  the  port  facilities 
constituting  the  Project.  The  Mayor  and  City  Council  are 
hereby  expressly  authorized,  in  their  discretion  and  based 
upon  their  determinations  from  time  to  time,  to  omit  any 
part  of  the  Project  from  the  port  facilities  to  be  financed 
by  revenue  bonds  issued  pursuant  to  this  ordinance.  It  is 
the  purpose  and  intent  of  this  section  that  the  Mayor  and 
City  Council  be  afforded  broad  discretion  in  the  structur- 
ing and  scheduling  of  revenue  bond  issues,  whether  au- 
thorized by  this  ordinance  or  otherwise,  to  finance  port 
facilities  for  the  Association  in  order  that  the  public  pur- 
pose of  the  Enabling  Legislation  and  this  ordinance  may 
be  realized. 

Sec.  7.  And  be  it  further  ordained,  that,  prior  to  the 
sale  of  any  series  of  Bonds,  the  City  Council  may  (without 
limitation)  determine  administratively  by  resolution  or  by 
other  appropriate  action : 

(1)  the  provisions  of  trust  between  the  City  and  the 
trustee ; 

(2)  the  manner  of  execution,  authentication,  registra- 
tion and  transfer  of  the  Bonds ; 

(3)  provisions  for  authentication  and  delivery  of  the 
Bonds ; 

(4)  the  provisions  of  the  Loan  Agreement  between  the 
City  and  the  Association ; 

(5)  the  terms  of  the  note  or  other  evidence  of  the  obli- 
gations of  the  Association  issued  for  each  series  of  Bonds; 

(6)  provision  for  creation,  holding  and  disbursement  of 
an  escrow  fund  to  be  held  by  the  trustee ; 

(7)  provisions  for  creation,  holding  and  disbursement 
of  any  other  funds  and  accounts  to  be  held  by  the  trustee ; 


ORDINANCES  1077 

(8)  provisions  for  the  application  of  receipts  and  reve- 
nues from  the  City  on  account  of  the  Loan; 

(9)  provisions  for  the  security  for  and  investment  of 
moneys  held  by  the  trustee ; 

(10)  remedies  for  holders  of  the  Bonds  in  the  event  of 
default ; 

(11)  the  duties,  rights  and  immunities  of  the  trustee; 

(12)  the  manner  of  execution  of  instruments  by  holders 
of  the  Bonds  and  the  method  of  proof  of  ownership  of  the 
Bonds ; 

(13)  provisions  for  modification  of  this  ordinance,  the 
Loan  Agreement,  and  any  resolution  or  other  action  of  the 
Mayor,  City  Council  and  Commissioners  of  Finance  per- 
taining to  the  Bonds ; 

(14)  provisions  for  defeasance; 

(15)  the  forms  of  the  Bonds,  coupons  and  the  trusteed 
authentication  certificate;  and 

(16)  such  other  matters  in  connection  with  the  authori- 
zation, issuance,  security,  sale  and  payment  of  the  Bonds 
as  may  be  deemed  appropriate  by  the  City  Council. 

Any  resolution  or  resolutions  adopted  pursuant  to  this 
ordinance  shall  be  deemed  to  be  of  an  administrative  na- 
ture and  shall  be  effective  upon  approval  by  the  Mayor  or 
Acting  Mayor  of  the  City. 

Sec.  8.  And  be  it  further  ordained,  that  the  term  "Com- 
missioners of  Finance"  as  used  in  this  ordinance  includes 
any  board,  agency,  or  department  of  the  City  created  and 
existing  under  the  Charter  of  the  City  and  designated  by 
such  Charter  to  perform  the  functions  and  duties  that  were 
performed  at  the  time  of  the  introduction  of  this  ordinance 
by  the  Commissioners  of  Finance.  It  is  recognized  that  a 
proposed  charter  amendment  to  be  submitted  to  the  legally 
qualified  voters  of  the  City  at  the  general  election  to  be 
held  on  November  7,  1978,  will,  if  approved  by  said  voters, 
change  the  designation  of  the  Commissioners  of  Finance  to 
the  Board  of  Finance.  If  such  charter  amendment  is  so  ap- 
proved, the  term  "Commissioners  of  Finance"  wherever  it 


1078  ORDINANCES  Ord.  No.  888 

appears  herein  shall  be  deemed  and  construed  to  mean  the 
"Board  of  Finance." 

Sec.  9.  And  be  it  farther  ordained,  that  the  provisions 
of  this  ordinance  are  severable,  and  if  any  provision,  sen- 
tence, clause,  section  or  part  thereof  is  held  illegal,  invalid 
or  unconstitutional  or  inapplicable  to  any  person  or  cir- 
cumstances, such  illegality,  invalidity  or  unconstitutionality, 
or  inapplicability  shall  not  affect  or  impair  any  of  the  re- 
maining provisions,  sentences,  clauses,  sections  or  parts  of 
the  ordinance  or  their  application  to  other  persons  or  cir- 
cumstances. It  is  hereby  declared  to  be  the  legislative  intent 
that  this  ordinance  would  have  been  adopted  if  such  illegal, 
invalid  or  unconstitutional  provision,  sentence,  clause,  sec- 
tion or  part  had  not  been  included  therein,  as  if  the  person 
or  circumstances  to  which  the  ordinance  or  any  part 
thereof  is  inapplicable  had  been  specifically  exempted 
therefrom. 

Sec.  10.  And  be  it  further  ordained,  that  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  October  31,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  888 
(Council  No.  1300) 

An  Ordinance  to  amend  Sheets  48  and  49  of  the  Zoning 
District  Maps  of  Article  30  of  the  Baltimore  City  Code 
(43GG  1976  Edition),  title  "Zoning",  (Ordinance  X* 
1051>  approved  April  2^  1971)  &y  changing  from  the 
M-3  Zoning  District  to  the  M-4  Zoning  District  the  prop- 
e^ty  at  the  northwest  corner  of  the  intersection  ol  feis 
Stroot  a»4  Ashland  Avonuo,  as  outlined  m  purplo  e»  &e 
plats  accompanying  this  ordinanco:  by  changing  from  the 
M-3  Zoning  District  to  the  R-4  Zoning  District  the  prop- 
erty bounded  on  the  south  by  an  irregular  line  running 
from  Lehigh  Street  westerly  approximately  0  to  370  feet 


ORDINANCES  1079 

north  of  Ashland  Avenue,  on  the  west  by  an  irregular 
line  running  from  Ashland  Avenue  northerly  approxi- 
mately 0  to  200  feet  west  of  Iris  Street,  on  the  North  by 
an  irregular  line  running  from  Lehigh  Street  westerly 
approximately  0  to  2S0  77  feet  North  SOUTH  of  Eager 
Street,  and  on  the  east  by  an  irregular  line  running  from 
Ashland  Avenue  northerly  approximately  0  to  125  feet 
west  of  Lehigh  Street,  as  outlined  in  yellow  on  the  SUB- 
STITUTE plats  accompanying  this  ordinance:  by  chang- 
ing from  the  M-3  Zoning  District  to  the  M-4  Zoning  M&- 
triet  the  property  bounded  eft  the  south  by  Ashland 
Avenue,  eft  the  west  by  aft  irregular  fee  running  from 
Ashland  Avonuo  northerty  approximately  110  170  feet 
East  of  Lohigh  Stroot,  e»  the  north  by  a»  irregular  fee 
running  westerly  approximately  0  to  420  feet  south  of 
Eager  Street,  aft4  eft  the  east  by  a»  irregular  fee  rftft- 
ftiftg  from  Ashland  Avonuo  northerly  approximately  440- 
430  feet  east  of  Lohigh  Street,  as  outlined  ift  purple  eft 
the   plats    accompanying   this   ordinance;    by   changing 
from  the  M-S  Zoning  District  to  the  M-2  Zoning  District 
fee  property  at  the  northwest  corner  of  the  intersection 
of  Ashland  Avonuo  a»4  Nowkirk  Street,  as  outlined  ift 
Magenta  or  the  plats  accompanying  this  ordinance;  by 
changing  from  fee  M-S  Zoning  District  to  fee  M-2  £eft- 
iftg  District  fee  property  boundod  eft  fee  north  by  Chase 
Stroot,  eft  fee  east  by  Kressoft  Street,  eft  fee  west  by  a* 
irregular  fee  running  from  Chase  Stroot  southorty  ap- 
proximately 0  to  420  feet  east  of  iris  Stroot,  a»4  eft  fee 
south  by  a»  irregular  fee  running  from  Kresson  Street 
westerly  approximately  450  to  400  feet  south  of  Chase 
Street,  as  outlined  ift  Magenta  oft  fee  plats  accompan}^ 
iftg  this  ordinance;  by  changing  from  fee  M-3  Zoning 
District  to  fee  M-4  Zoning  District  fee  property  boundod 
oft  fee  west  by  iris  Street,  oft  fee  north  by  a  fee  running 
from  iris  Stroot  eastern  approximately  440  feet  south  of 
Chaso  Stroot,  Oft  fee  south  by  a  fee  running  from  iris 
Street  eastern  approximately  200  feet  north  of  Eager 
Stroot,  aftd  oft  fee  east  by  a  fee  running  northerly  ap- 
proximately 42S  feet  east  of  iris  Street,  as  outlinod  ift 
purplo  oft  fee  plats  accompanying  this  ordinance;  R-4 
ZONING  DISTRICT  THE  PROPERTY  BOUNDED  ON 
THE  SOUTH  BY  EAGER  STREET,  ON  THE  WEST 
BY   JANNEY   STREET,    ON   THE    NORTH   BY   AN 


1080  ORDINANCES  Ord.  No.  888 

IRREGULAR  LINE  RUNNING  FROM  JANNEY 
STREET  EASTERLY  APPROXIMATELY  8  80  TO  230 
FEET  NORTH  OF  EAGER  STREET  AND  ON  THE 
EAST  BY  AN  IRREGULAR  LINE  RUNNING  FROM 
EAGER  STREET  NORTHERLY  APPROXIMATELY  0 
TO  14?  Ill  FEET  WEST  OF  KRESSON  STREET,  AS 
OUTLINED  IN  YELLOW  IN  THE  SUBSTITUTE 
PLATS  ACCOMPANYING  THIS  ORDINANCE;  and 
by  changing  from  the  M-3  Zoning  District  to  the  R-6 
Zoning  District  the  property  bounded  on  the  south  by 
Eager  Street,  on  the  North  by  an  irregular  line  running 
from  Janney  Street  Westerly  approximately  0  to  360  feet 
south  of  Chase  Street,  on  the  west  by  an  irregular  line 
running  from  Chase  Street  southerly  approximately  120 
to  200  feet  west  of  Iris  Street,  and  on  the  east  by  an 
irregular  line  running  from  Chase  Street  southerly  ap- 
proximately 0  to  260  feet  east  of  Iris  Street,  as  outlined 
in  light  brown  on  the  SUBSTITUTE  plats  accompany- 
ing this  ordinance. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheets  No.  48  and  49  of  the  Zoning  Dis- 
trict Maps  of  Article  30  of  the  Baltimore  City  Code  (4£66 
1976  Edition),  title  "Zoning,"  (Ordinanco  No*  1051),  ap- 
provod  April  20y  1971)  by  changing  from  the  M-3  Zoning 
District  to  the  M-4  Zoning  District  the  property  at  the 
northwest  corner  of  the  intersection  of  Ms  Stroot  a»4  Ash- 
lan4  Avonuo,  as  outlined  m  purple  en-  the  plats  accompany- 
i»g  this  ordinance;  by  changing  from  the  M-3  Zoning 
District  to  the  R-4  Zoning  District  the  property  bounded  on 
the  south  by  an  irregular  line  running  from  Lehigh  Street 
westerly  approximately  0  to  370  feet  north  of  Ashland  Ave- 
nue, on  the  west  by  an  irregular  line  running  from  Ashland 
Avenue  northerly  approximately  0  to  200  feet  west  of  Iris 
Street,  on  the  north  by  an  irregular  line  running  from  Le- 
high Street  westerly  approximately  0  to  250  feet  north  of 
Eager  Street,  and  on  the  east  by  an  irregular  line  running 
from  Ashland  Avenue,  northerly  approximately  0  to  125 
feet  west  of  Lehigh  Street,  as  outlined  in  yellow  on  the 
SUBSTITUTE  plats  accompanying  this  ordinance;  by 
changing  from  the  M-3  Zoning  District  to  the  M-4  Zoning 
District  the  property  boundod  on-  the  south  by  Ashlane! 


ORDINANCES  1081 

Avenue,  e»  the  west  by  aft  irregular  fee  running  from 
Ashland  Avenue  northerly  approximately  110  170  feet  east 
el  Lohigh  Street,  eft  the  north  by  aft  irregular  fee  running 
wostorly  approximately  0  to  4-80  feet  softth  el  Eage*  Street, 
aft4  eft  the  east  fey  a»  irregular  fee  running  from  i^shland 
Avonuo  northerly  approximately  110  170  feet  east  ef  te- 
bigh  Stroot,  as  outlined  ift  purple  eft  the  plats  accompany- 
iftg  this  ordinance;  fey  changing  from  the  M-S  Zoning  :Di&- 
Met  te  the  M-2  Zoning  District  the  property  at  the 
northwest  corner  ef  the  intersection  ef  Ashland  x^vonue 
aftd  Newkirk  Street,  as  outlined  ift  magenta  eft  the  plats 
accompanying  this  ordinance?  fey  changing  from  the  M-S 
Zoning  District  te  the  M-2  Zoning  District  the  property 
bounded  e»  the  north  fey  Chase  Street,  eft  the  east  fey 
Krosson  Stroot,  eft  the  west  fey  aft  irregular  fee  running 
from  Chaso  Street  southerly  approximately  0  te  420  feet 
east  ef  Ms  Street,  aftd  eft  the  south  fey  aft  irregular  fee 
running  from  Krosson  Street  westerly  approximately  4&0 
te  400  feet  south  ef  Chaso  Street,  as  outlined  ift  magenta 
eft  the  plats  accompanying  this  ordinance;  fey  changing 
from  the  M-3  Zoning  District  te  the  M-4  Zoning  District 
the  property  bounded  eft  the  west  by  Ms  Stroot,  eft  the 
north  by  a  fee  running  from  Ms  Stroot  easterly  approxi- 
mately 440  feet  south  ef  Chaso  Stroot,  ©ft  the  south  by  a 
fee  running  from  Ms  Streot  easterly  approximately  200 
feet  north  ef  Eagor  Street?  aftd  eft  the  east  by  a  fee  £ftft- 
ftiftg  northerly  approximately  425  feet  east  ef  Ms  Stroot, 
as  outlined  ift  purple  eft  the  plats  accompanying  this  ordi- 
nance >  R-4  ZONING  DISTRICT  THE  PROPERTY 
BOUNDED  ON  THE  SOUTH  BY  EAGER  STREET,  ON 
THE  WEST  BY  JANNEY  STREET,  ON  THE  NORTH 
BY  AN  IRREGULAR  LINE  RUNNING  FROM  JANNEY 
STREET  EASTERLY  APPROXIMATELY  8  80  TO  230 
FEET  NORTH  OF  EAGER  STREET  AND  ON  THE 
EAST  BY  AN  IRREGULAR  LINE  RUNNING  FROM 
EAGER  STREET  NORTHERLY  APPROXIMATELY  0 
TO  443  111  FEET  WEST  OF  KRESSON  STREET,  AS 
OUTLINED  IN  YELLOW  IN  THE  SUBSTITUTE  PLATS 
ACCOMPANYING  THIS  ORDINANCE;  and  by  chang- 
ing from  the  M-3  Zoning  District  to  the  R-6  Zoning  Dis- 
trict the  property  bounded  on  the  south  by  Eager  Street, 
on  the  north  by  an  irregular  line  running  from  Janney 
Street  westerly  approximately  0  to  360  feet  south  of  Chase 


1082  ORDINANCES  Ord.  No.  889 

Street,  on  the  west  by  an  irregular  line  running  from 
Chase  Street  southerly  approximately  120  to  200  feet  west 
of  Iris  Street,  and  on  the  east  by  an  irregular  line  running 
from  Chase  Street  southerly  approximately  0  to  260  feet 
east  of  Iris  Street,  as  outlined  in  light  brown  on  the  SUB- 
STITUTE plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the 
ordinance,  he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  the  ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning  Ap- 
peals, the  Planning  Commission,  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development  and 
the  Zoning  Administrator. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Became  law  without  the  Mayor's  signature  under  Article 
IV,  Sec.  5  of  the  City  Charter.  The  effective  date  is  11/6/78. 


No.  889 
(Council  No.  1409) 

An  Ordinance  granting  permission  for  the  establishment, 
maintenance  and  operation  of  a  Drive-In  Restaurant  on 
the  property  generally  known  as  3400  Pulaski  Highway, 
as  outlined  in  red  on  the  plats  accompanying  this  ordi- 
nance, under  the  provisions  of  Sections  6.3-ld-3  and 
11.0-6d  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning,"  as  ordained  by  Ordinance  1051, 
approved  April  20,  1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  is  hereby  granted  for  the 


ORDINANCES  1083 

establishment,  maintenance  and  operation  of  a  drive-in 
restaurant  on  the  property  generally  known  as  3400  Pulaski 
Highway,  as  outlined  in  red  on  the  plats  accompanying 
this  ordinance,  under  the  provisions  of  Sections  6.3-ld-3 
and  11.0-6d  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning,"  as  ordained  by  Ordinance  1051, 
approved  April  20,  1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  Depart- 
ment of  Housing  and  Community  Development  and  the 
Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  November  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  890 

(Council  No.  1407) 

An  Ordinance  to  amend  Sheet  No.  96  of  the  Zoning  Dis- 
trict maps  of  Article  30  of  the  Baltimore  City  Code  (1966 
Edition),  title  "Zoning,"  (Ordinance  No.  1051,  approved 
April  20,  1971)  by  changing  from  the  B-2-2  Zoning  Dis- 
trict to  the  B-3-1  Zoning  District  the  property  generally 
known  as  the  southwest  side  of  Patapsco  Avenue,  100' 
northwest  of  7th  Street,  as  outlined  in  red  on  the  plats 
accompanying  this  ordinance. 


1084  ORDINANCES  Ord.  No.  891 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  96  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1966  Edi- 
tion), title  "Zoning,"  (Ordinance  1051,  approved  April  20, 
1971)  be  and  it  is  hereby  amended  by  changing  from  the 
B-2-2  Zoning  District  to  the  B-3-1  Zoning  District  the 
property  generally  known  as  the  southwest  side  of  Patapsco 
Avenue,  100'  northwest  of  7th  Street,  as  outlined  in  red 
on  the  plats  accompanying  this  ordinance. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in 
order  to  give  notice  to  the  departments  which  are  admin- 
istering the  Zoning  Ordinance,  the  President  of  the  City 
Council  shall  sign  the  plat  and,  when  the  Mayor  approves 
the  ordinance  he  shall  sign  the  plat.  The  City  Treasurer 
shall  then  transmit  a  copy  of  the  ordinance  and  one  of  the 
plats  to  the  following:  The  Board  of  Municipal  and  Zoning 
Appeals,  the  Planning  Commission,  the  Commissioner  of 
the  Department  of  Housing  and  Community  Development, 
the  Commissioner  of  Transit  and  Traffic  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  891 
(Council  No.  1408) 

An  Ordinance  granting  permission  for  the  establishment, 
maintenance  and  operation  of  a  Drive-In  Restaurant  on 
the  property  located  on  the  southwest  side  of  Patapsco 
Avenue,  100'  northwest  of  7th  Street,  as  outlined  in  red 
on  the  plats  accompanying  this  ordinance,  under  the 
provisions  of  Sections  6.3-ld-3  and  11.06(d)   of  Article 


ORDINANCES  1085 

30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"Zoning,"  as  ordained  by  Ordinance  1051,  approved 
April  20,  1971. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  is  hereby  granted  for  the 
establishment,  maintenance  and  operation  of  a  drive-in 
restaurant  on  the  property  located  on  the  southwest  side 
of  Patapsco  Avenue,  100'  northwest  of  7th  Street,  as  out- 
lined in  red  on  the  plats  accompanying  this  ordinance, 
under  the  provisions  of  Sections  6.3-ld-3  and  11.06(d)  of 
Article  30  of  the  Baltimore  City  Code  (1966  Edition),  title 
"Zoning,"  as  ordained  by  Ordinance  1051,  approved  April 
20,  1971. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development  and  the 
Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mo.yor. 


No.  892 
(Council  No.  1589) 

An  Ordinance  to  authorize  the  use  of  the  property  known 
as  1031  Aisquith  Street,  as  outlined  in  red  on  the  plats 


1086  ORDINANCES  Ord.  No.  892 

accompanying  this  ordinance,  for  a  Drug  Abuse  Reha- 
bilitation and  Treatment  Center  in  the  R-8  District 
pursuant  to  Sections  4.8-ld  and  11.0-6d  of  Article  30  of 
the  Baltimore  City  Code  (1976  Edition),  title  "The  Zon- 
ing Ordinance  of  Baltimore  City",  subject  to  the  condi- 
tion of  continuing  certification  by  the  State  of  Maryland 
Drug  Abuse  Administration. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  property  known  as  1031  Aisquith 
Street,  as  outlined  in  red  on  the  plats  accompanying  this 
ordinance,  be  and  it  is  hereby  authorized  for  use  as  a 
drug  abuse  rehabilitation  and  treatment  center  in  the  R-8 
District  pursuant  to  Sections  4.8-ld  and  11.0-6d  of  Article 
30  of  the  Baltimore  City  Code  (1976  Edition),  title  "The 
Zoning  Ordinance  of  Baltimore  City",  subject  to  the  con- 
dition of  continuing  certification  by  the  State  of  Maryland 
Drug  Abuse  Administration. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage 
of  this  ordinance  by  the  City  Council,  as  evidence  of  the 
authenticity  of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the  ordi- 
nance, he  shall  sign  the  plat.  The  City  Treasurer  shall  then 
transmit  a  copy  of  the  ordinance  and  one  of  the  plats  to 
the  following :  the  Board  of  Municipal  and  Zoning  Appeals, 
the  Planning  Commission,  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development,  and 
the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  1087 

No.   893 
(Council  No.  1614) 

An  Ordinance  granting  permission  to  the  Prime  Rib,  Inc.  for 
the  establishment,  maintenance  and  operation  of  an  open 
area  for  the  parking  of  motor  vehicles  on  the  property  on 
the  west  side  of  Guilford  Avenue  north  of  East  Chase 
Street,  generally  known  as  1104  and  1106  Guilford  Avenue, 
as  outlined  in  red  on  the  plats  accompanying  this  ordi- 
nance, under  the  provisions  of  Section  9.0-3d  of  Article  30 
of  the  Baltimore  City  Code  (1976  Edition),  title  "Zoning 
Ordinance,"  concerning  parking  lot  districts. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  permission  be  and  the  same  is  hereby 
granted  to  The  Prime  Rib,  Inc.,  for  the  establishment,  main- 
tenance and  operation  of  an  open  area  for  the  parking  of 
motor  vehicles  on  the  property  on  the  west  side  of  Guilford 
Avenue  north  of  East  Chase  Street,  generally  known  as  1104 
and  1106  Guilford  Avenue,  as  outlined  in  red  on  the  plats 
accompanying  this  ordinance,  under  the  provisions  of  Sec- 
tion 9.0-3d  of  Article  30  of  the  Baltimore  City  Code  (1976 
Edition),  title  "Zoning  Ordinance,"  concerning  parking  lot 
districts. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  authen- 
ticity of  the  plat  which  is  a  part  hereof  and  in  order  to  give 
notice  to  the  departments  which  are  administering  the  Zon- 
ing Ordinance,  the  President  of  the  City  Council  shall  sign 
the  plat  and,  when  the  Mayor  approves  the  ordinance,  he 
shall  sign  the  plat.  The  City  Treasurer  shall  then  transmit 
a  copy  of  the  ordinance  and  one  of  the  plats  to  the  following  : 
The  Board  of  Municipal  and  Zoning  Appeals,  the  Planning 
Commission,  the  Commissioner  of  the  Department  of  Hous- 
ing and  Community  Development,  the  Commissioner  of 
Transit  and  Traffic,  and  the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  the  provisions  of 
the  aforesaid  Section  9.0-3d  of  Article  30  of  the  Baltimore 
City  Code  (1976  Edition),  title  "Zoning  Ordinance",  shall 
be  fully  complied  with. 


1088  ORDINANCES  Ord.  No.  894 

Sec.  4.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  894 
(Council  No.  1888) 

An  Ordinance  to  repeal  Chapter  17  of  Article  32  of  the 
Baltimore  City  Code  (1976  Edition),  title  "Building  Reg- 
ulations," subtitle  "Fees  and  Service  Charges,"  as  said 
Chapter  17  was  last  ordained  by  Ordinance  No.  871  of 
1970  and  to  ordain  a  new  Chapter  17  in  lieu  thereof,  re- 
vising and  clarifying  certain  schedules  of  fees  contained 
in  the  Building  Code  of  Baltimore  City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Chapter  17  of  Article  32  of  the  Balti- 
more City  Code  (1976  Edition),  title  "Building  Regula- 
tions," subtitle  "Fees  and  Service  Charges,"  as  said  Chap- 
ter 17  was  last  ordained  by  Ordinance  No.  871  of  1970,  be 
and  the  same  is  hereby  repealed,  and  that  a  new  Chapter 
17  be  and  it  is  hereby  ordained,  in  lieu  thereof,  to  be  added 
to  said  Article  32,  and  to  read  as  follows: 

CHAPTER  17 
FEES  AND  SERVICE  CHARGES 

170— GENERAL     REQUIREMENTS     FOR     SERVICE 
CHARGES  AND  FEES. 

1700.  Basis  of  Fees  and  Service  Charges  for  various 
classes  of  permits,  certificates,  inspections,  tests  and  other 
services  rendered  by  the  Department  of  Housing  and  Com- 
munity Development  and  set  forth  in  Chapter  17,  is  based 
upon  estimated  cost  to  the  City  for  services  rendered. 

1701.  Payment  of  any  and  all  Fees  o-r  Service  Charges 
charged  in  accordance  with  the  provisions  of  this  Code  shall 


ORDINANCES  1089 

be  made  directly  to  the  Director  of  Finance  of  Baltimore 
and  payment  shall  be  made  at  the  time  such  charges  are  due 
and  owing. 

1702.  Minimum  Fees  and  Service  Charges.  Any  and  all 
fees  or  service  charges  provided  for  by  the  provisions  of 
this  Code  for  the  various  classes  of  permits,  certificates, 
inspections,  tests  or  other  services  shall  be  as  provided  in 
this  Chapter,  but  in  no  case  shall  any  fee  or  service  charge 
be  less  than  $10.00  except  when  otherwise  specified.  All  fees 
shall  be  rounded  to  the  nearest  dollar. 

1703.  Duplicate  and  Additional  Permits.  Certificates 
and  Approved  Plans.  Duplicate  or  additional  copies  of  docu- 
ments other  than  plans  shall  be  issued  at  the  written  request 
of  anyone  entitled  to  receive  them  upon  payment  of  $3.00 
for  each  duplicate  or  copy  issued  with  a  minimum  fee  of 
$5.00. 

Duplicate  or  additional  copies  of  approved  plans  shall  be 
issued  at  the  written  request  of  anyone  entitled  to  receive 
them  upon  payment  of  $5.00  per  sheet,  plus  any  charge  that 
may  be  involved  in  reproducing  them  with  a  minimum  fee 
of  $10.00. 

170k.  Fees  and  Service  Charges  not  Refundable.  No  fee 
or  other  service  charge,  or  portion  thereof,  paid  for  any 
permit,  certificate,  inspection,  test  or  any  other  service 
rendered,  shall  be  refunded  except  that  where  no  work  has 
been  done,  or  any  privilege  enjoyed  under  a  permit,  certif- 
icate, inspection  or  any  other  service,  the  Board  of  Esti- 
mates may  authorize  a  refund  of  not  more  than  fifty  per 
cent  (50%)  of  any  fee  or  service  charge  for  such  permit, 
certificate,  inspection  or  service.  However,  no  refunds  shall 
be  granted  on  fees  of  less  than  ($1,000)  One  Thousand  Dol- 
lars. 

1705.  Fees  for  Partial  Permits  and  Extensions  of  Per- 
mits. Where  a  partial  permit  is  issued  under  this  Code,  a 
fee  of  $U0.00  shall  be  charged  for  each  such  permit. 

Where  an  extension  of  a  permit  is  issued  under  this  Code, 
a  fee  of  $10.00  shall  be  charged  for  each  such  extension. 

1706.  Fees  for  Amending  Permits.  After  a  permit  has 
been  issued  and  an  amendment  for  a  revision  is  applied  for, 
the  fee  or  service  charge  shall  be  as  follows: 


1090  ORDINANCES  Ord.  No.  894 

a.  For  each  and  every  amendment  which  involves  work 
not  originally  applied  for  to  complete  the  entire  project,  the 
fee  shall  be  the  appropriate  fee  for  the  work  contemplated 
plus  10  percent  of  such  fee  as  a  service  charge.  The  mini- 
mum fee  shall  be  $20.00. 

b.  For  each  and  every  amendment,  not  within  the  scope 
of  a.  above  where  revised  plans  are  required,  the  fee  shall 
be  20  percent  of  the  original  permit  fee  with  a  minimum  of 
$20.00. 

c.  For  each  and  every  amendment,  not  within  the  scope 
of  a.  above,  where  revised  plans  are  not  required,  the  fee 
shall  be  $10.00. 

1707.  Fees  for  Cancellation  of  Applications.  Applica- 
tions which  cannot  be  processed  to  result  in  legal  permits 
shall  be  cancelled  by  the  applicants  or  the  Department  of 
Housing  and  Community  Development.  The  applicant  shall 
be  duly  notified  that  a  legal  permit  cannot  be  issued. 

The  fee  for  such  a  cancellation  shall  be  50  percent  of 
the  fee  for  the  ivork  described  in  the  application.  No  fee 
shall  be  charged  for  the  cancellation  of  an  application  hav- 
ing a  permit  fee  less  than  $200.00. 

1708.  Fees  and  Service  Charges  of  Other  Bureaus.  The 
payment  of  a  fee  vr  service  charge  as  provided  by  the  pro- 
visions of  Chapter  17  shall  not  be  taken  or  construed  to 
relieve  anyone  from  paying  any  and  all  other  fees  or 
charges  that  may  be  made  by  any  department,  bureau,  com- 
mission or  other  agency  of  the  Mayor  and  City  Council  of 
Baltimore. 

1709.  Fallout  Shelters.  There  shall  be  no  fee  required 
for  permit  for  fallout  shelters  certified  by  the  Civil  Defense 
Agency  when  such  shelters  are  erected  for  use  by  occupants 
of  one  or  two  family  dwellings. 

171— FEES  FOR  CONSTRUCTION  WORK. 

1710.  Permit  Fees  for  Construction  Work. 

a.  New  Buildings  and  additions:  $2.00  for  each  1,000 
cubic  feet  vr  fraction  of  gross  volume,  including  all  base- 
ments and  cellars,  as  defined  in  Section  201.  A  minimum  of 
$50.00  for  new  buildings,  except  private  residences  which 
shall  be  $30.00  minimum.  A  minimum  of  $30.00  for  addi- 


ORDINANCES  1091 

tions,  except  for  private  residences,  which  shall  be  $20.00 
minimum. 

b.  Accessory  structures  in  connection  with  a  principal 
occupancy  as  in  Paragraph  4970;  $20.00  for  each  structure 
over  100  square  feet;  $10.00  for  each  structure  of  100 
square  feet  or  less. 

c.  Alterations  and  Repairs:  $5.00  per  $1,000  wr  fraction 
thereof  of  estimated  cost;  $10.00  minimum  on  private  resi- 
dences; $30.00  minimum  on  all  other  buildings  or  structures. 

d.  Chimneys,  staeks,  towers: 

0—  50  feet  $20.00 

51—100  feet    30.00 

Over  100  feet     50.00 

e.  Retaining  Walls:  $3.00  for  each  100  square  feet  or 
fraction  of  area  above  footing.  Minimum  of  $10.00. 

f.  Fences:  $3.00  per  100  linear  feet  or  fraction. 

g.  Grading  (excavating  or  filling) : 

0 —  5,000  cubic  yards  $20.00 

5,001 — 50,000  cubic  yards     30.00 

Over  50,000  cubic  yards     50.00 

h.     Paving  or  Surfacing: 

0 —  1,000  square  feet  $10.00 

1,001 — 10,000  square  feet    20.00 

10,001 — 50,000  square  feet     40.00 

Over  50,000  square  feet     60.00 

i.     Erection,  placing,  hanging  or  reconstruction  of  signs: 

0 —  10  square  feet  $  10.00 

11 —  50  square  feet      20.00 

51 — 200  square  feet  40.00 
201 — 500  square  feet  100.00 
Over  500  square  feet     150.00 

The  above  rates  are  based  on  the  gross  square  feet  area 
of  the  sign  face  or  faces.  No  fee  shall  be  charged  for  signs 
less  than  100  square  feet  which  are  to  be  used  exclusively 
for  advertising  the  property  on  which  they  are  posted,  for 
sale  or  for  rent. 


1092  ORDINANCES  Ord.  No.  894 

The  fee  for  repairing,  painting  and  rehanging  the  sign  in 
the  same  place  shall  be  $10.00  for  each  sign. 

j.  Razing.  $2.00  per  linear  foot  or  fraction  of  width  or 
length  of  building,  whichever  is  less,  with  a  minimum  fee 
of  $30.00,  except  that  accessory  buildings  shall  be  $10.00 
each. 

k.  Temporary  Structures  as  in  Paragraph  4980:  Each 
temporary  structure  per  each  5,000  cubic  feet  of  volume  or 
fraction:  $10.00  per  year  on  an  annual  basis.  Minimum 
$20.00;  maximum  $500.00. 

I.     Moving  buildings:  $25.00  each. 

m.  Swimming  pools:  $20.00  each  for  private  residences 
only;  $50.00  each  for  all  others. 

n.  Changes  in  Occupancy  (no  alterations) :  $10.00  each 
building  or  portion  of  a  building.  Changes  in  occupancy 
(with  alterations) :  $10.00  for  change  in  occupancy  plus 
appropriate  fee  for  work  as  specified  herein. 

0.    SEDIMENT  AND  EROSION  CONTROL 
$10.00  FOR  EACH  PERMIT  PLUS  THE  FOLLOWING: 

$  PER  SQUARE 
FEET  DISTURBED 
DISTURBED  AREA  (SQUARE  FEET) 
UP   TO  AND  INCLUDING  5,000  $  .002 

5,001   TO  AND  INCLUDING  15,000  .003 

15,001  AND  OVER  .001, 

172— FEES  FOR  ELECTRICAL  WORK. 

1720.     Permit  Fees  for  Electrical  Work. 

a.  Electrical  service  iviring  and  equipment  to  be  in- 
stalled, replaced  'or  relocated,  including  provision  for  con- 
nection of  the  meter. 

RATING  IN  AMPERES  Fee 

0—100  $10.00 

101—400  15.00 

401—800  30.00 

Over  800  50.00 


ORDINANCES  1093 

b.  Electrical  wiring  for  new  branch  circuits,  feeders  and 
extensions  to  or  replacements  of  branch  circuits,  shall  be  at 
the  rate  of  $3.00  per  circuit. 

A  three-wire  or  four-wire  branch  circuit  serving  single 
phase  loads  shall  be  considered  as  two  or  three  branch  cir- 
cuits respectively.  A  three-wire  branch  circuit  serving  only 
three-phase  loads  or  serving  a  single  appliance  shall  be  con- 
sidered as  one  branch  circuit. 

c.  Fixtures:  Fees  for  installing  only  electrical  fixtures. 

1—25         $10.00 
26—50  15.00 

Ul—75  20.00 

$2.00  for  each  additional  25  fixtures  or  fraction  thereof. 

d.  (1)  Temporary  electrical  wiring  for  bazaars,  cinema 
shoivs,  dances,  displays,  exhibitions,  fairs,  plays,  rummage 
sales,  sporting  events,  suppers  and  other  similar  assemblies: 
$10.00  for  each  5  kilowatts  or  fraction  thereof  of  feeder 
capacity  supplying  such  wiring.  The  permit  fee  shall  be 
reduced  one-half  when  the  entire  net  proceeds  derived  there- 
from are  to  be  used  for  a  charitable  or  religious  purpose. 

(2)  Temporary  electrical  wiring  for  carnivals  and  cir- 
cuses: $20.00  for  each  5  kilowatts  or  fraction  thereof  of 
feeder  capacity,  supplying  such  wiring.  The  permit  fee  shall 
be  reduced  one-half  when  the  entire  net  proceeds  derived 
therefrom  are  to  be  used  for  a  charitable  or  religious  pur- 
pose. 

(3)  Temporary  electrical  wiring  for  construction  pur- 
poses shall  be  at  the  same  rate  as  for  permanent  installa- 
tions and  the  permits  shall  be  applied  for  separately. 

e.  Electrical  semi-annual  permits  for  maintenance  work 
shall  be  based  on  the  total  service  of  the  plant  for  each 
permit  issued. 

These  permits  will  be  issued  only  to  Licensed  Maintenance 
Electricians  or  Licensed  Master  Electricians  employed  by 
the  company  on  whose  premises  the  work  is  to  be  done. 


1094 


ORDINANCES 

Ord.  No.  894 

>ting  of  Service  or 

rvices  in  Amperes 

Fee 

0—  uoo 

$20.00 

U01—1200 

30.00 

1201—2000 

U0.00 

Over  2000 

60.00 

f.  Electrical  work  not  otherwise  classified  in  this  section 
shall  be  $10.00  for  each  permit  issued. 

g.  Electrical  certificates  of  approval  shall  be  $5.00  each 
when  issued  as  part  of  original  permit. 

h.  Minimum  fee  for  any  electrical  permit  shall  be  $10.00. 
173— FEES  FOR  MECHANICAL  WORK. 
1730.     Permit  Fee  for  Mechanical  Work. 

a.  Furnaces  and  fuel  burning  equipment  other  than  gas 
fired,  including  heating  systems  shall  be: 

BTU  per  hour  input 
per  unit 

0—200,000  $  10.00 

200,000—300,000  25.00 

Over  500,000  50.00 

Maximum  500.00 

No  fee  shall  be  charged  for  fuel  tanks,  not  exceeding  550 
gallons,  when  installed  in  conjunction  with  oil  burners. 

Domestic  appliances  including  water  heaters  not  exceed- 
ing 200,000  BTU  per  hour  input  $5.00  per  unit  (includes 
plumbing  fee). 

Major  alterations  and  repairs:  50  percent  of  the  above 
rate;  minimum  $10.00. 

b.  Air  Conditioning  and  refrigeration  systems,  includ- 
ing air  handling  and  distribution  equipment  (1  ton  equals 
12,000  BTU  per  hour):  $3.00  per  ton;  minimum  fee  $10.00; 
maximum  $100.00  per  unit. 

c.  Ventilation  system:  $3.00  for  each  1,000  cubic  feet  of 
air  per  minute,  minimum  $10.00;  maximum  $100.00. 


ORDINANCES  1095 

d.  Unfired  pressure  vessels:  $25.00  each. 

e.  Gas  fuel-burning  equipment: 

BTU  per  hour  input 


per  unit 

0—200,000 

$  10.00 

200,001—500,000 

25.00 

Over  500,000 

50.00 

Maximum 

500.00 

Domestic  gas  appliances,  not  exceeding  20,000  BTU  per 
hour  input:  minimum  $10.00.  Gas- fired  water  heaters,  new 
installations,  not  exceeding  200,000  BTU  per  hour  input: 
$10.00  each  (includes  plumbing  fee). 

Replacing  gas-fired  water  heaters,  not  exceeding  200,000 
BTU  per  hour  input:  $10.00  each  (includes  plumbing  fee). 

/.  Tanks  for  all  liquids  including  propane  gas  cylinders; 
L.  P.  gas  cylinders  in  the  aggregate  of  1000  gallons  or  frac- 
tion shall  be  considered  one  tank: 

0 —  1,000  gallons  $10.00  each 

1,001 — 10,000  gallons  15.00 

Over  10,000  gallons  15.00  plus  $5.00 

for  each  5000  gallons  or  fractions  over  10,000  gallons;  maxi- 
mum $250.00. 

Removal  of  tanks,  no  replacements;  $20.00  for  each  per- 
mit issued  ivhich  may  include  more  than  one  tank  at  the 
same  location. 

g.  Pumps  and  dispensers:  $5.00  per  hose  outlet;  mini- 
mum $10.00. 

h.     Fire  extinguishing  systems: 

Equipment  Fee 

Sprinkler  systems:  1-25 

heads  $20.00 

more  than  25  heads  30.00  per 

100  heads  or  fraction 

Relocating  hose  station  5.00  each 


1096                                         ORDINANCE 

S                          Ord.  No.  894 

Relocating  sprinkler  heads 

2 .00  each 

Minimum  10.00 

Maximum  20.00 

Replacing  sprinkler  heads  only 

10.00 

Standpipe  risers 

30.00  each 

C02  systems 

10.00  per 

500  cubic  feet  or 

fraction  of  the 

space  protected 

Hand  Extinguishers 

No  Charge 

Reconstruction  of  repair 

Same  as  new 
Minimum  $10.00 

i.    Plumbing: 

Fixtures:  install,  replace  or 
reconstruct 

$2.00  each 
Minimum  10.00 

Water  service  pipe;  new  or  replacement  10.00 

Electric  water  heaters;  new  installation 

not  exceeding  200,000  BTU  per  hour  10.00 

Reconstruction  soil  or  water  lines  on 

premises  10.00 

Reconstruction  sanitary  or  storm  water 

sewer  on  premises  10.00 

Sanitary  sewer  connection;  new  buildings:       10.00  per 
Plus  $2.00  for  each  fixture:  installed  connection 

Sanitary  sewer  connection:  existing  build-       15.00  per 
ings;  No  charge  for  existing  fixtures  connection 

Storm  water  sewer  connection;  new  build- 
ings: Plus  $2.00  for  inlet  excluding  10.00  per 
rain  leaders                                                      connection 

Private  disposal  systems  including 
septic  tank,  dry  well  or  drainfields 
Plus  $2.00  for  each  fixture  installed  25.00 

Removal  of  plumbing  fixtures  or  cap  off 

water  or  sewer  lines  on  premises  10.00 


ORDINANCES 


1097 


Certificates  vf  approval 

j.     Installation  of  elevators 

Passenger  elevators  $30.00 

Plus  $3.00  per  floor 

Power  freight  elevators  $30.00 

Plus  $3.00  per  floor 

Parking  elevators  $30.00  plus 
$3.00  per  floor 

Hand  or  gravity  elevators 

Escalators 

Power  dumbwaiters 

Hand  dumbwaiters 

Stage  orchestra  or  console  elevators 

Private  residence  elevators  or  inclined 
lifts 

Invalid  elevators  (Doctor's  certificate 
required) 

Inclined  lifts  for  invalid  use 
(Doctor's  certificate  required) 

Man  lifts 

Automobile  service  lifts 

Material  hoists  and  elevators 
used  temporarily  as 
material  hoists 

Workmen's  hoists  $25.00  each 
plus  $2.00  per  floor 

Reconstruction;  same  as  required 
for  new  installations 

Alterations:  $5.00  per  $1,000  or 
fraction  of  estimated  cost 


5.00  each  when 
issued  as  part  of 
original  permit. 


$100.00  maximum 
each 

$100.00  maximum 


$100.00  maximum 
each 

20.00  each 

40.00  each 

20.00  each 

15.00  each 

30.00  each 

20.00  each 

10.00  each 

10.00  each 
30.00  each 
8.00  each 

25.00  each 


10.00  minimum 


Repairs:  No  charge 


1098 


ORDINANCES 


Ord.  No.  894 


17 Jf— FEES  FOR  CERTIFICATES. 
17 UO.     Fees  for  Certificates. 

a.  Building  certificates:  $25.00  each,  except  that  no 
charge  shall  be  made  where  the  fees  for  annual  license 
permits  have  been  paid. 

b.  General  certificates  $25.00  for  each  General  certificate 
issued  as  defined  in  Section  151. 

c.  Electrical  certificates  of  approval:  $10.00  each  when 
issued  separately, 

d.  Mechanical  certificates  of  approval:  $10.00  each  when 
issued  separately, 

e.  Mechanical  equipment  annual  certificates: 


Annual  Fee  for 
Inspection 

Equipment 

By  City 
Inspectors 

By  Deputized 
Inspectors 

Passenger  elevators 

$60.00  each 

plus  $2.00  per 

floor  above 

10  floors 

$30.00 

Annual  Fee  for 
Inspection 

Equipment 

By  City 
Inspectors 

By  Deputized 
Inspectors 

Power  freight  elevators 

$60.00  each 

plus  $2.00  per 

floor  above 

10  floors 

30.00 

Parking  elevators 

$60.00  each 

30.00 

Dumbwaiters,  hand  and 
gravity  elevators 

20.00  each 

8.00  each 

Escalators 

30.00  each 

15.00  each 

State  orchestra  and 
console  elevators 

U0.00  each 

20.00  each 

ORDINANCES 


1099 


Manlifts 

Private  Residence 
elevators 


60.00  each 


*  40.00  each 
Invalid  elevators  *  10.00  each 

*  Only  when  required  to  be  registered. 


30.00 

*  20.00  each 
*  5.00  each 


175— FEES  FOR  SPECIAL  LICENSE  PERMITS. 

1750.  Fees  for  Special  License  permits  on  premises 
where  no  annual  license  permit  has  been  issued  as  pro- 
vided in  paragraph  1760  shall  be  charged  at  the  following 
rates: 

Fee  for  each  10,000  square  feet 
or  fraction  thereof 


Purpose 

One  day 

One  Week 

Bazaars 

$10.00 

$  30.00 

Carnivals 

20.00 

60.00 

Cinema  shows 

10.00 

30.00 

Circuses 

40.00 

120.00 

Dances 

15.00 

45.00 

Displays 

10.00 

30.00 

Exhibitions 

10.00 

30.00 

Fairs 

20.00 

60.00 

Fee  for  each  10,000  square  feet 
or  fraction  thereof 


Purpose 

One  day 

One  week 

Lectures 

10.00 

30.00 

Plays 

10.00 

30.00 

Rummage  sales 

10.00 

30.00 

Sporting  events 

20.00 

60.00 

Suppers 

10.00 

30.00 

Other  Assemblies 

10.00 

30.00 

Amusement  devices: 

$15.00  each 

Peep  Show  devices: 

$100.00  each 

1100 


ORDINANCES 


Ord.  No.  894 


Where  the  net  proceeds  from  any  of  the  aforementioned 
assemblies  are  to  be  used  for  a  charitable  or  religious  pur- 
pose, the  fee  shall  be  reduced  fifty  percent,  except  amuse- 
ment devices. 

1 751 .     Permit  fees  for  Periodic  Inspections : 
Roof  tanks  $10.00  each 

Roof  signs      101—  500  sq.  ft.  10.00 

501—1000  sq.  ft.  20.00 

Over  1000  sq.  ft.  30.00 

176— FEES  FOR  ANNUAL  LICENSE  PERMITS. 

1760.  Fees  for  Annual  License  Permits  to  operate  public 
assemblies,  such  as,  assembly  halls,  bowling  lanes,  dance 
halls,  exhibition  halls,  night  clubs,  opera  houses,  pool  par- 
lors, sports  arenas,  theatres  with  stages,  theatres  without 
stages  and  other  public  assemblies,  shall  be  charged  at  the 
following  rates: 


0 —  6,000  sq. 

ft 

$35.00 

6,001—12,000  sq. 

ft. 

40.00 

12,001—25,000  sq. 

ft 

50.00 

Over  25,000  sq. 

ft 

60.00 

Where  the  net  proceeds  derived  from  any  of  the  afore- 
mentioned assemblies  are  to  be  used  entirely  and  contin- 
uously for  a  charitable  or  religious  purpose,  the  fee  shall  be 
reduced  50  percent. 


178— FEES  FOR  MISCELLANEOUS  WORK. 

1780.  Permit  Fees  for  Miscellaneous  Work,  Operations 
and  Other  Purposes,  not  elsewhere  provided  for  in  this 
Code  shall  be  charged  at  the  rate  of  $5.00  per  $1,000  or  frac- 
tion of  estimated  cost  with  a  $10.00  minimum. 

1782.     Penalties. 

An  additional  service  charge  of  10%  of  permit  fee  shall 
be  assessed  on  permits  issued  for  work  being  done  without  a 
permit. 


ORDINANCES  1101 

//  Violation  Notice  has  been  issued  on  work  being  done 
without  a  permit,  the  charge  shall  be  increased  to  20%  of 
permit  fee. 

$10.00  minimum,  $100.00  maximum  penalty. 

179— FEES  FOR  VIOLATION  REPORT. 
1790.     Fees  for  Violation  Report. 

An  application  to  the  Commissioner  for  a  Violation  Re- 
port stating  whether  or  not  any  notice  of  condemnation  or 
violation  has  been  issued  for  a  particular  property  shall  be 
accompanied  by  a  payment  in  the  amount  of  $10.00,  which 
shall  include  a  copy  of  the  Condemnation  Notice  or  Viola- 
tion Notice. 

A  Violation  Report  issued  by  the  Department  of  Housing 
and  Community  Development  may  also  be  obtained  from  the 
Bureau  of  Liens  at  the  same  time  as  the  Lien  Certificate, 
upon  the  payment  of  $5.00  in  addition  to  the  charge  for  the 
Lien  Certificate. 

SEC.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  895 
(Council  No.  1909) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Three  Hundred  Twelve 
Thousand  Twenty-Four  Dollars  ($312,024)  to  the 
Mayor's  Coordinating  Council  on  Criminal  Justice  to  be 
used  for  operation  of  Youth  Service  Bureaus  in  Balti- 
more City,  in  accordance  with  the  provisions  of  Article 
VI,  Section  2(h)  (2)  of  the  Baltimore  City  Charter  (1964 
Revision) . 


1102  ORDINANCES  Ord.  No.  895 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation 
of  the  1978-1979  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
6th  day  of  September,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)  (2)  of  the  1964  revised  Charter  of  Balti- 
more City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI, 
Section  2(h)(2)  of  the  1964  revision  of  the  Charter  of 
Baltimore  City,  the  sum  of  Three  Hundred  Twelve  Thou- 
sand Twenty-Four  Dollars  ($312,024)  shall  be  made 
available  to  the  Mayor's  Coordinating  Council  on  Criminal 
Justice  of  the  City  of  Baltimore  as  a  supplementary  special 
fund  appropriation  for  the  fiscal  year  ending  June  30,  1979 
for  the  purpose  of  operation  of  Youth  Service  Bureaus  in 
Baltimore  City.  The  amount  thus  made  available  as  a  sup- 
plementary special  fund  appropriation  shall  be  expended 
from  a  grant  of  funds  to  the  Mayor  and  City  Council  of 
Baltimore  by  the  Department  of  Juvenile  Services,  State 
of  Maryland,  said  sum  being  specifically  allotted  to  the 
Mayor  and  City  Council  of  Baltimore  for  the  aforesaid 
purpose;  and  said  fund  from  said  Department  of  Juvenile 
Services,  State  of  Maryland,  shall  be  the  source  of  revenue 
for  this  supplementary  special  fund  appropriation,  as  re- 
quired by  Article  VI,  Section  2(h)  (2)  of  the  1964  revised 
Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  1103 

No.  896 
(Council  No.  1910) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  Twenty-Five  Thousand 
One  Hundred  Eleven  Dollars  ($25,111)  to  the  Enoch 
Pratt  Free  Library  to  be  used  for  special  library  services 
to  Deaf  Persons,  in  accordance  with  the  provisions  of 
Article  VI,  Section  2  (h)  (2)  of  the  Baltimore  City  Charter 
(1964  Revision). 

Whereas,  the  money  appropriated  herein  represents 
a  grant  from  a  public  source  which  could  not  be  expected 
with  reasonable  certainty  at  the  time  of  the  formulation  of 
the  1978-1979  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
26th  day  of  April,  1978,  all  in  accordance  with  Article  VI, 
Section  2(h)  (2)  of  the  1964  revised  Charter  of  Baltimore 
City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  Twenty-five  Thousand  One  Hundred 
Eleven  Dollars  ($25,111)  shall  be  made  available  to  the 
Enoch  Pratt  Free  Library  as  a  supplementary  special  fund 
appropriation  for  the  fiscal  year  ending  June  30,  1979  for 
the  purpose  of  special  library  services  to  deaf  persons.  The 
amount  thus  made  available  as  a  supplementary  special  fund 
appropriation  shall  be  expended  from  a  grant  of  funds  to 
the  Mayor  and  City  Council  of  Baltimore  by  the  Maryland 
State  Department  of  Education  under  the  Federal  Library 
Services  and  Construction  Act  Title  I,  said  sum  being  speci- 
fically allotted  to  the  Mayor  and  City  Council  of  Baltimore 
for  the  aforesaid  purpose;  and  said  funds  from  said  Mary- 
land State  Department  of  Education  under  the  Federal 
Library  Services  and  Construction  Act  Title  I  shall  be  the 
source  of  revenue  for  this  supplementary  special  fund  ap- 


1104  ORDINANCES  Ord.  No.  898 

propriation,  as  required  by  Article  VI,  Section  2(h)  of  the 
1964  revised  Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  897 
(Council  No.  1990) 

An  Ordinance  providing  for  reserved  parking  on  the  south 
side  of  Hanlon  Avenue  near  Rosedale  Street  for  Charles 
Woody  Lane. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  on  the  south  side  of  Hanlon  Avenue, 
from  a  point  81  feet  west  of  Rosedale  Street  to  the  curb  line 
of  an  alley  105  feet  westerly  therefrom,  parking  is  reserved 
for  Charles  Woody  Lane. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  November  20,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  898 
(Council  No.  1635) 

An  Ordinance  to  amend  Sheet  No.  36  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1976  Edi- 
tion) title  "Zoning,"  by  changing  from  the  M-l-2  Zoning 
District  to  the  &-&  R-7  Zoning  District  the  properties 
lying  southwest  of  Aisquith  Street  and  Northwest  of 
Hargest  Street,  as  outlined  in  red  on  the  AMENDED 
plats  accompanying  this  ordinance. 


ORDINANCES  1105 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sheet  No.  36  of  the  Zoning  District 
Maps  of  Article  30  of  the  Baltimore  City  Code  (1976  Edi- 
tion) title  "Zoning,"  be  and  it  is  hereby  amended  by  chang- 
ing from  the  M-l-2  Zoning  District  to  the  &-S  R-7  Zoning 
District,  the  properties  lying  southwest  of  Aisquith  Street 
and  northwest  of  Hargest  Street,  as  outlined  in  red  on  the 
AMENDED  plats  accompanying  this  ordinance. 

SEC.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order 
to  give  notice  to  the  departments  which  are  administering 
the  Zoning  Ordinance,  the  President  of  the  City  Council 
shall  sign  the  plat  and,  when  the  Mayor  approves  the 
ordinance,  he  shall  sign  the  plat.  The  City  Treasurer  shall 
then  transmit  a  copy  of  this  ordinance  and  one  of  the  plats 
to  the  following:  the  Board  of  Municipal  and  Zoning  Ap- 
peals, the  Planning  Commission,  the  Commissioner  of  the 
Department  of  Housing  and  Community  Development  and 
the  Zoning  Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  November  21,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  899 
(Council  No.  1908) 

An  Ordinance  providing  for  a  supplementary  special  fund 
appropriation  in  the  amount  of  One  Hundred  Five  Thou- 
sand Seven  Hundred  Seventy-Three  Dollars  ($105,773)  to 
the  office  of  the  State's  Attorney  of  Baltimore  City  to 
be  used  for  the  prosecution  and  other  duties  related  to 
sexual  offenses  in  Baltimore  City,  in  accordance  with  the 
provisions  of  Article  VI,  Section  2(h)  (2)  of  the  Balti- 
more City  Charter  (1964  Revision). 


1106  ORDINANCES  Ord.  No.  899 

Whereas,  the  money  appropriated  herein  represents  a 
grant  from  a  public  source  which  could  not  be  expected  with 
reasonable  certainty  at  the  time  of  the  formulation  of  the 
1978-1979  Ordinance  of  Estimates;  and 

Whereas,  the  supplementary  special  fund  appropriation 
ordained  herein  has  been  recommended  to  the  City  Council 
by  the  Board  of  Estimates,  said  recommendation  having 
been  made  at  a  regular  meeting  of  said  Board  held  on  the 
6th  day  of  September,  1978,  all  in  accordance  with  Article 
VI,  Section  2(h)  (2)  of  the  1964  revised  Charter  of  Balti- 
more City. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  under  the  provisions  of  Article  VI,  Sec- 
tion 2(h)  (2)  of  the  1964  revision  of  the  Charter  of  Balti- 
more City,  the  sum  of  One  Hundred  Five  Thousand  Seven 
Hundred  Seventy-Three  Dollars  ($105,773)  shall  be  made 
available  to  the  Office  of  the  State's  Attorney  of  Baltimore 
City  of  the  City  of  Baltimore  as  a  supplementary  special 
fund  appropriation  for  the  fiscal  year  ending  June  30,  1979 
for  the  purpose  of  prosecution  and  other  duties  related 
to  sexual  offenses  in  Baltimore  City.  The  amount  thus  made 
available  as  a  supplementary  special  fund  appropriation 
shall  be  expended  from  a  grant  of  funds  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Federal  Law  Enforcement 
Assistance  Administration  ($101,813)  and  the  State  Com- 
mission on  Law  Enforcement  and  Administration  of  Justice 
($3,960),  said  sums  being  specifically  allotted  to  the  Mayor 
and  City  Council  of  Baltimore  for  the  aforesaid  purpose; 
and  said  funds  from  said  Federal  Law  Enforcement  Assist- 
ance Administration  and  State  Commission  on  Law  Enforce- 
ment and  Administration  of  Justice  shall  be  the  sources  of 
revenue  for  this  supplementary  special  fund  appropriation, 
as  required  by  Article  VI,  Section  2(h)  (2)  of  the  1964  re- 
vised Charter  of  Baltimore  City. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  November  21,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  1107 

No.  900 
(Council  No.  1647) 

An  Ordinance  to  add  a  new  subsection  (d)  to  Section  16  of 
Article  22  of  the  Baltimore  City  Code  (1966  Edition),  as 
amended,  title  "Retirement  Systems,"  subtitle  "Em- 
ployees' Retirement  System";  providing  for  a  ninety  (90) 
day  extension  period  during  which  period  certain  non- 
City  paid  employees  of  the  Baltimore  Museum  of  Art  may 
contract  to  purchase  certain  pre-enrollment  employment 
and  receive  service  credit  therefor  in  the  Employees'  Re- 
tirement System. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  a  new  subsection  (d)  be  added  to  Sec- 
tion 16  of  the  Baltimore  City  Code  (1966  Edition),  as 
amended,  title  "Retirement  Systems,"  subtitle  "Em- 
ployees' Retirement  System,"  to  follow  immediately  after 
subsection  (c)  of  Section  16  of  said  Article  and  to  read  as 
follows: 

(d)  Notwithstanding  anything  to  the  contrary  con- 
tained vn  this  subtitle,  any  non-City  paid  employee  of  the 
Baltimore  Museum  of  Art  who  became  a  Member  of  the 
Employees'  Retirement  System  of  Baltimore  City  during 
the  month  of  February,  1977,  and  who  did  not  receive  serv- 
ice credit  in  the  Employees'  Retirement  System  or  the 
Maryland  State  Retirement  System  for  any  previous  em- 
ployment either  as  a  temporary,  provisional,  contract,  emer- 
gency or  similar  employee,  or  as  an  official  of  the  City  of 
Baltimore  or  of  the  State  of  Maryland,  which  employment 
ripened  into  regular  and  permanent  employment  with  es- 
sentially the  same  duties  ivhich  the  employee  was  perform- 
ing prior  to  obtaining  such  permanent  status,  shall  be  en- 
titled to  receive  service  credit  for  such  pre-enrollment  or 
pre-membership  employment.  Any  person  who  is  a  Member 
of  the  Employees'  Retirement  System  and  who  did  not  re- 
ceive service  credit  in  the  Employees'  Retirement  System 
or  the  Maryland  State  Retirement  System  for  any  previous 
regular  and  permanent  employment  as  a  non-City  paid  em- 
ployee of  the  Baltimore  Museum  of  Art  or  as  an  employee 
of  the  City  of  Baltimore,  or  the  State  of  Maryland,  shall  be 
entitled  to  receive  service  credit  for  such  pre-enrollment  or 


1108  ORDINANCES  Ord.  No.  901 

pre -membership  employment.  To  obtain  such  credit  the 
Member  shall  file  claim  therefor  with  the  Board  of  Trustees 
of  the  Employees'  Retirement  System  within  nvnety  (90) 
days  after  the  effective  date  of  this  ordinance,  and  shall  pay 
to  the  Employees'  Retirement  System,  by  a  single  payment 
or  by  an  increased  rate  of  contribution,  as  may  be  approved 
by  the  Board  of  Trustees  of  the  Employees'  Retirement 
System,  the  contributions,  with  regular  interest,  which  the 
Member  would  have  paid  had  the  Member  been  a  Member 
of  the  Employees'  Retirement  System  of  the  City  of  Balti- 
more or  the  Maryland  State  Retirement  System  while  such 
pre-enrollment  or  pre-membership  employment  was  ren- 
dered, and  this  payment  shall  be  completed  at  least  ninety 
(90)  days  before  the  effective  date  of  the  Member's  retire- 
ment. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  November  22,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  901 
(Council  No.  775) 

An  Ordinance  to  condemn  and  open,  Robert  Street  lying 
within  the  area  of  the  Upton  Project  in  accordance  with 
a  plat  thereof  numbered,  312-A-5,  prepared  by  the  Sur- 
veys and  Records  Division  and  filed  in  the  Office  of  the 
Department  of  Public  Works,  on  the  Fourth  (4th)  day  of 
January,  1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open, 
Robert  Street  lying  within  the  area  of  the  Upton  Project 
the  street  hereby  directed  to  be  condemned  for  said  opening 
being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  northeast  side  of  Pennsylvania  Avenue,  as 


ORDINANCES  1109 

now  laid  out  66  feet  wide  and  the  northwest  side  of  Robert 
Street,  as  now  laid  out  66  feet  wide  and  running  thence 
binding  on  the  northwest  side  of  said  Robert  Street,  North- 
easterly 90  feet,  more  or  less,  to  intersect  the  line  of  the 
southwest  side  of  a  15  foot  alley,  laid  out  90  feet  northeast 
of  said  Pennsylvania  Avenue,  if  projected  northwesterly; 
thence  binding  reversely  on  said  line  so  projected,  South- 
easterly 66  feet,  to  intersect  the  southeast  side  of  said 
Robert  Street;  thence  binding  on  the  southeast  side  of 
said  Robert  Street,  Southwesterly  90  feet,  more  or  less, 
to  intersect  the  northeast  side  of  said  Pennsylvania  Avenue 
and  thence  binding  on  the  northeast  side  of  said  Penn- 
sylvania Avenue,  Northwesterly  66  feet  to  the  place  of 
beginning. 

the  said  Robert  Street  as  directed  to  be  condemned  being 
more  particularly  described  and  referred  to  among  the 
Land  Records  of  Baltimore  City  and  delineated  and  par- 
ticularly shown  on  a  plat  numbered  312-A-5  which  was  filed 
in  the  Office  of  the  Department  of  Public  Works  on  the 
Fourth  (4th)  day  of  January  in  the  year  1977,  and  is  now 
on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  Robert  Street  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code  of 
Public  Local  Laws  of  Maryland  and  the  Charter  of  Bal- 
timore City  (1964  Revision)  as  amended  to  July  1,  1973  and 
any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and  all 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
and  any  and  all  rules  or  regulations  in  effect  which  have 
been  adopted  by  the  Director  of  Public  Works  and  filed  with 
the  Department  of  Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


1110  ORDINANCES  Ord.  No.  902 

No.  902 
(Council  No.  776) 

An  Ordinance  to  condemn  and  close  Robert  Street  lying 
within  the  area  of  the  Upton  Project  in  accordance  with 
a  plat  thereof  numbered  312-A-5A,  prepared  by  the  Sur- 
veys and  Records  Division  and  filed  in  the  Office  of  the 
Department  of  Public  Works  ,_on  the  Fourth  (4th)  day  of 
January,  1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 
close  Robert  Street  lying  within  the  area  of  the  Upton 
Project  the  street  hereby  directed  to  be  condemned  for  said 
closing  being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  northeast  side  of  Pennsylvania  Avenue,  as 
now  laid  out  66  feet  wide  and  the  northwest  side  of  Robert 
Street,  as  now  laid  out  66  feet  wide  and  running  thence 
binding  on  the  northwest  side  of  said  Robert  Street,  North- 
easterly 90  feet,  more  or  less,  to  intersect  the  line  of  the 
southwest  side  of  a  15  foot  alley,  laid  out  90  feet  northeast 
of  said  Pennsylvania  Avenue,  if  projected  northwesterly; 
thence  binding  reversely  on  said  line  so  projected,  South- 
easterly 66  feet  to  intersect  the  southeast  side  of  said  Robert 
Street ;  thence  binding  on  the  southeast  side  of  said  Robert 
Street,  Southwesterly  90  feet,  more  or  less,  to  intersect  the 
northeast  side  of  said  Pennsylvania  Avenue  and  thence 
binding  on  the  northeast  side  of  said  Pennsylvania  Avenue, 
Northwesterly  66  feet  to  the  place  of  beginning. 

the  said  Robert  Street  as  directed  to  be  condemned  being 
more  particularly  described  and  referred  to  among  the 
Land  Records  of  Baltimore  City  and  delineated  and  par- 
ticularly shown  on  a  plat  numbered  312-A-5A  which  was 
filed  in  the  Office  of  the  Department  of  Public  Works  on  the 
Fourth  (4th)  day  of  January,  in  the  year  1977  and  is  now 
on  file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  ordinance,  all  subsurface  structures  and  appur- 


ORDINANCES  1111 

tenances  now  owned  by  the  Mayor  and  City  Council  of  Bal- 
timore, shall  be  and  continue  to  be  the  property  of  the  Mayor 
and  City  Council  of  Baltimore,  in  fee  simple,  until  the  use 
thereof  shall  be  abandoned  by  the  Mayor  and  City  Council 
of  Baltimore,  and  in  the  event  that  any  person,  firm  or 
corporation  shall  first  obtain  permission  and  permits  there- 
for from  the  Mayor  and  City  Council  of  Baltimore,  and  shall 
in  the  application  for  such  permission  and  permits  agree 
to  pay  all  costs  and  charges  of  every  kind  and  nature  made 
necessary  by  such  removal,  alternation  or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordinance 
until  the  subsurface  structures  and  appurtenances  now 
owned  by  the  Mayor  and  City  Council  of  Baltimore,  over 
which  said  buildings  or  structures  are  proposed  to  be  con- 
structed or  erected  shall  have  been  abandoned  or  shall  have 
been  removed  and  relaid  in  accordance  with  the  specifica- 
tions and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  appur- 
tenances owned  by  any  person,  firm  or  corporation,  other 
than  the  Mayor  and  City  Council  of  Baltimore,  shall  upon 
notice  from  the  Director  of  Public  Works  of  Baltimore  City, 
be  promptly  removed  by  and  at  the  expense  of  the  said 
owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after  the 
closing  of  said  highway  or  highways,  the  said  Mayor  and 
City  Council  of  Baltimore,  acting  through  its  duly  author- 
ized representatives,  shall,  at  all  times,  have  access  to  said 
property  and  to  all  subsurface  structures  and  appur- 
tenances used  by  it  therein,  for  the  purposes  of  inspection, 
maintenance,  repair,  alteration,  relocation  and/or  replace- 
ment, of  any  or  all  of  said  structures  and  appurtenances, 


1112  ORDINANCES  Ord.  No.  903 

and  this  without  permission  from  or  compensation  to  the 
owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  Robert  Street  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code 
of  Public  Local  Laws  of  Maryland  and  the  Charter  of  Bal- 
timore City  (1964  Revision)  as  amended  to  July  1,  1973 
and  any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and  all 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore,  and 
any  and  all  rules  or  regulations  in  effect  which  have  been 
adopted  by  the  Director  of  Public  Works  and  filed  with  the 
Department  of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  903 
(Council  No.  1152) 

An  Ordinance  to  condemn  and  open,  a  portion  of  a  20  foot 
alley  laid  out  154  feet  southwest  of  Homestead  Street 
and  extending  from  Kirk  Avenue  Southeasterly  420  feet 
to  a  14  foot  alley  there  situate  and  lying  within  the  area 
of  the  proposed  Coldstream-Homestead-Montebello  Ur- 
ban Renewal  Project  in  accordance  with  a  plat  thereof 
numbered,  332-A-9,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of 
Public  Works,  on  the  Twenty-fourth  (24th)  day  of  June, 
1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 


ORDINANCES  1113 

and  they  are  hereby  authorized  and  directed  to  condemn, 
open,  a  portion  of  a  20  foot  alley  laid  out  154  feet  south- 
west of  Homestead  Street  and  extending  from  Kirk  Avenue 
Southeasterly  420  feet  to  a  14  foot  alley  there  situate  and 
lying  within  the  area  of  the  proposed  Coldstream-Home- 
stead-Montebello  Urban  Renewal  Project  the  said  portion 
of  a  20  foot  alley  hereby  directed  to  be  condemned  for 
said  opening  being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  in- 
tersection of  the  southeast  side  of  Kirk  Avenue,  as  now 
laid  out  75  feet  wide  and  the  southwest  side  of  a  20  foot 
alley  laid  out  154  feet  southwest  of  Homestead  Street,  as 
now  laid  out  50  feet  wide  and  running  thence  binding  on 
the  southeast  side  of  said  Kirk  Avenue,  Northeasterly  4 
feet,  more  or  less,  to  intersect  a  line  drawn  parallel  with 
and  distant  4  feet  northeasterly,  measured  at  right  angles 
from  the  southwest  side  of  said  20  foot  alley ;  thence  bind- 
ing on  said  line  so  drawn,  Southeasterly  101  feet,  more  or 
less,  to  intersect  a  line  drawn  parallel  with  and  distant 
1  foot  southeasterly,  measured  at  right  angles  from  the 
southeast  side  of  a  15  foot  alley  laid  out  85  feet  southeast 
of  said  Kirk  Avenue;  thence  binding  on  last  said  line  so 
drawn,  Northeasterly  16  feet,  more  or  less,  to  intersect  the 
northeast  side  of  said  20  foot  alley;  thence  binding  on  the 
northeast  side  of  said  20  foot  alley,  Southeasterly  159  feet, 
more  or  less,  to  intersect  a  line  drawn  parallel  with  and 
distant  16  feet  northwesterly,  measured  at  right  angles 
from  the  northwest  outline  of  the  property  known  as  1539 
Homestead  Street;  thence  binding  on  last  said  line  so 
drawn,  Southwesterly  16  feet,  more  or  less,  to  intersect 
said  line  drawn  parallel  with  and  distant  4  feet  north- 
easterly, measured  at  right  angles  from  the  southwest  side 
of  said  20  foot  alley;  thence  binding  on  last  said  line  so 
drawn,  Southeasterly  160  feet,  more  or  less,  to  intersect 
the  northwest  side  of  a  14  foot  alley  there  situate;  thence 
binding  on  the  northwest  side  of  said  14  foot  alley,  South- 
westerly 4  feet,  more  or  less,  to  the  southwest  side  of  said 
20  foot  alley  and  thence  binding  on  the  southwest  side  of 
said  20  foot  alley,  Northwesterly  420  feet,  more  or  less,  to 
the  place  of  beginning. 

The  said  portion  of  a  20  foot  alley  as  directed  to  be  con- 
demned being  more  particularly  described  and  referred  to 


1114  ORDINANCES  Ord.  No.  904 

among  the  Land  Records  of  Baltimore  City  and  delineated 
and  particularly  shown  on  a  plat  numbered  332-A-9  which 
was  filed  in  the  Office  of  the  Department  of  Public  Works  on 
the  Twenty-fourth  (24th)  day  of  June  in  the  year  1977,  and 
is  now  on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  portion  of  a  20  foot  alley 
and  the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accordance 
with,  any  and  all  applicable  provisions  of  Article  4  of  the 
Code  of  Public  Local  Laws  of  Maryland  and  the  Charter  of 
Baltimore  City  (1964  Revision)  as  amended  to  July  1,  1973 
and  any  and  all  amendments  thereto,  and  any  and  all 
other  Acts  of  the  General  Assembly  of  Maryland,  and  any 
and  all  ordinances  of  the  Mayor  and  City  Council  of  Balti- 
more, and  any  and  all  rules  or  regulations  in  effect  which 
have  been  adopted  by  the  Director  of  Public  Works  and 
filed  with  the  Department  of  Legislative  Reference. 

SEC.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  904 
(Council  No.  1153) 

An  Ordinance  to  condemn  and  close  a  portion  of  a  20  foot 
alley  laid  out  154  feet  southwest  of  Homestead  Street 
and  extending  from  Kirk  Avenue  Southeasterly  420  feet 
to  a  14  foot  alley  there  situate  and  lying  within  the  area 
of  the  proposed  Coldstream-Homestead-Montebello  Ur- 
ban Renewal  Project  in  accordance  with  a  plat  thereof 
numbered  332-A-9A,  prepared  by  the  Surveys  and  Rec- 
ords Division  and  filed  in  the  Office  of  the  Department 
of  Public  Works,  on  the  Twenty-fourth  (24th)  day  of 
June,  1977,  and  now  on  file  in  said  office. 


ORDINANCES  1115 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  a  portion  of  a  20  foot  alley  laid  out  154  feet 
southwest  of  Homestead  Street  and  extending  from  Kirk 
Avenue  Southeasterly  420  feet  to  a  14  foot  alley  there  situ- 
ate and  lying  within  the  area  of  the  proposed  Coldstream- 
Homestead-Montebello  Urban  Renewal  Project  the  said 
portion  of  a  20  foot  alley  hereby  directed  to  be  condemned 
for  said  closing  being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  in- 
tersection of  the  southeast  side  of  Kirk  Avenue,  as  now 
laid  out  75  feet  wide  and  the  southwest  side  of  a  20  foot 
alley  laid  out  154  feet  southwest  of  Homestead  Street,  as 
now  laid  out  50  feet  wide  and  running  thence  binding  on 
the  southeast  side  of  said  Kirk  Avenue,  Northeasterly  4 
feet,  more  or  less,  to  intersect  a  line  drawn  parallel  with 
and  distant  4  feet  northeasterly,  measured  at  right  angles 
from  the  southwest  side  of  said  20  foot  alley;  thence  bind- 
ing on  said  line  so  drawn  Southeasterly  101  feet,  more  or 
less,  to  intersect  a  line  drawn  parallel  with  and  distant  1 
foot  southeasterly,  measured  at  right  angles  from  the 
southeast  side  of  a  15  foot  alley  laid  out  85  feet  southeast 
of  said  Kirk  Avenue;  thence  binding  on  last  said  line  so 
drawn,  Northeasterly  16  feet,  more  or  less,  to  intersect  the 
northeast  side  of  said  20  foot  alley;  thence  binding  on  the 
northeast  side  of  said  20  foot  alley,  Southeasterly  159  feet, 
more  or  less,  to  intersect  a  line  drawn  parallel  with  and 
distant  16  feet  northwesterly  measured  at  right  angles 
from  the  northwest  outline  of  the  property  known  as  1539 
Homestead  Street;  thence  binding  on  last  said  line  so 
drawn,  Southwesterly  16  feet,  more  or  less,  to  intersect 
said  line  drawn  parallel  with  and  distant  4  feet  northeast- 
erly, measured  at  right  angles  from  the  southwest  side  of 
said  20  foot  alley;  thence  binding  on  last  said  line  so 
drawn,  Southeasterly  160  feet,  more  or  less,  to  intersect 
the  northwest  side  of  a  14  foot  alley  there  situate ;  thence 
binding  on  the  northwest  side  of  said  14  foot  alley,  South- 
westerly 4  feet,  more  or  less,  to  the  southwest  side  of  said 
20  foot  alley  and  thence  binding  on  the  southwest  side  of 
said  20  foot  alley,  Northwesterly  420  feet,  more  or  less,  to 
the  place  of  beginning. 


1116  ORDINANCES  Ord.  No.  904 

The  said  portion  of  a  20  foot  alley  as  directd  to  be  con- 
demned being  more  particularly  described  and  referred  to 
among  the  Land  Records  of  Baltimore  City  and  delineated 
and  particularly  shown  on  a  plat  numbered  332-A-9A 
which  was  filed  in  the  Office  of  the  Department  of  Public 
Works  on  the  Twenty-fourth  (24th)  day  of  June,  in  the 
year  1977  and  is  now  on  file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  now  owned  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  be  and  continue  to  be  the  property  of 
the  Mayor  and  City  Council  of  Baltimore,  in  fee  simple, 
until  the  use  thereof  shall  be  abandoned  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  the  event  that  any  per- 
son, firm  or  corporation  shall  first  obtain  permission  and 
permits  therefor  from  the  Mayor  and  City  Council  of  Bal- 
timore, and  shall  in  the  application  for  such  permission  and 
permits  agree  to  pay  all  costs  and  charges  of  every  kind 
and  nature  made  necessary  by  such  removal,  alternation 
ALTERATION  or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings 
or  structures  of  any  kind  shall  be  constructed  or  erected 
in  said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  spe- 
cifications and  under  the  direction  of  the  Director  of  Pub- 
lic Works  of  Baltimore  City,  and  at  the  expense  of  the 
person  or  persons  or  body  corporate  desiring  to  erect  such 
buildings  or  structures.  Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  corporation, 
other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 


ORDINANCES  1117 

upon  notice  from  the  Director  of  Public  Works  of  Balti- 
more City,  be  promptly  removed  by  and  at  the  expense  of 
the  said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and  appur- 
tenances used  by  it  therein,  for  the  purposes  of  inspection, 
maintenance,  repair,  alteration,  relocation  and/or  replace- 
ment, of  any  or  all  of  said  structures  and  appurtenances, 
and  this  without  permission  from  or  compensation  to  the 
owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  portion  of  a  20  foot  alley 
and  the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accord- 
ance with,  any  and  all  applicable  provisions  of  Article  4 
of  the  Code  of  Public  Local  Laws  of  Maryland  and  the 
Charter  of  Baltimore  City  (1964  Revision)  as  amended 
to  July  1,  1973  and  any  and  all  amendments  thereto,  and 
any  and  all  other  Acts  of  the  General  Assembly  of  Mary- 
land, and  any  and  all  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  and  any  and  all  rules  or  regulations 
in  effect  which  have  been  adopted  by  the  Director  of  Public 
Works  and  filed  with  the  Department  of  Legislative  Refer- 
ence. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


1118  ORDINANCES  Ord.  No.  905 

No.  905 

(Council  No.  1154) 

An  Ordinance  to  condemn  and  open,  certain  streets  and 
alleys  or  portions  thereof  lying  within  the  proposed 
Boulevard  in  accordance  with  a  plat  thereof  numbered, 
332-A-3,  prepared  by  the  Surveys  and  Records  Division 
and  filed  in  the  Office  of  the  Department  of  Public 
Works,  on  the  Twenty-sixth  (26th)  day  of  May,  1977, 
and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn, 
open,  certain  streets  and  alleys  or  portions  thereof  lying 
within  the  proposed  Boulevard  the  streets  and  alleys  or 
portions  thereof  hereby  directed  to  be  condemned  for  said 
opening  being  described  as  follows : 

Sheet  1  of  2  comprising  (1)  An  alley,  varying  in  width 
from  8  feet  to  5  feet,  laid  out  98  feet  south  of  Fayette 
Street  and  extending  from  Pine  Street  Westerly  95  feet, 
more  or  less,  to  the  end  thereof  and  designated  as  Parcel 
No.  1;  (2)  Fairmount  Avenue  and  extending  from  Pine 
Street  Westerly  124.50  feet,  more  or  less,  to  the  end  thereof 
and  designated  as  Parcel  No.  2,  and  (3)  a  3  foot  alley,  laid 
out  30  feet  south  of  Fairmount  Avenue,  and  extending  from 
Pine  Street  Westerly  50  feet,  more  or  less,  to  the  end 
thereof  and  designated  as  Parcel  No.  3. 

Sheet  2  of  2  comprising  (1)  a  6.5  foot  alley  laid  out 
73.73  feet  south  of  Lexington  Street  and  extending  from 
Pine  Street  Westerly  21  feet,  more  or  less,  to  the  end 
thereof  and  designated  as  Parcel  No.  4  and  (2)  Vine  Street, 
30  feet  wide,  and  extending  from  Pine  Street  Westerly 
43.50  feet,  more  or  less,  to  the  end  thereof  and  designated 
as  Parcel  No.  5. 

The  said  streets  and  alleys  as  directed  to  be  condemned 
being  more  particularly  described  and  referred  to  among 
the  Land  Records  of  Baltimore  City  and  delineated  and 
particularly  shown  on  a  plat  numbered  332-A-3  which  was 
filed  in  the  Office  of  the  Department  of  Public  Works  on 


ORDINANCES  1119 

the  Twenty-sixth  (26th)  day  of  May  in  the  year  1977,  and 
is  now  on  file  in  said  Office. 

SEC.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to 
the  condemnation  and  opening  of  said  streets  and  alleys 
and  the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accord- 
ance with,  any  and  all  applicable  provisions  of  Article  4  of 
the  Code  of  Public  Local  Laws  of  Maryland  and  the  Charter 
of  Baltimore  City  (1964  Revision)  as  amended  to  July  1, 
1973  and  any  and  all  amendments  thereto,  and  any  and  all 
other  Acts  of  the  General  Assembly  of  Maryland,  and  any 
and  all  ordinances  of  the  Mayor  and  City  Council  of  Balti- 
more, and  any  and  all  rules  or  regulations  in  effect  which 
have  been  adopted  by  the  Director  of  Public  Works  and 
filed  with  the  Department  of  Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  906 
(Council  No.  1155) 

An  Ordinance  to  condemn  and  close  certain  streets  and 
alleys  or  portions  thereof  located  within  the  proposed 
Boulevard  and  portions  of  Ordinance  No.  1048  approved 
June  21,  1967  in  accordance  with  a  plat  thereof  num- 
bered 332-A-3A,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of 
Public  Works,  on  the  Twenty-sixth  (26th)  day  of  May, 
1977,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 


1120  ORDINANCES  Ord.  No.  906 

and  close  certain  streets  and  alleys  or  portions  thereof  lo- 
cated within  the  proposed  Boulevard  and  portions  of 
Ordinance  No.  1048  approved  June  21,  1967  the  streets  and 
alleys  or  portions  thereof  hereby  directed  to  be  condemned 
for  said  closing  being  described  as  follows : 

Sheet  1  of  2  comprising  Parcel  No.'s : 

1 — An  alley,  varying  in  width  from  8  feet  to  5  feet,  laid 
out  98  feet  south  of  Fayette  Street  and  extending  from 
Pine  Street  Westerly  95  feet,  more  or  less,  to  the  end 
thereof  and  designated  as  Parcel  No.  1. 

2 — Fairmount  Avenue  and  extending  from  Pine  Street 
Westerly  124.50  feet,  more  or  less,  to  the  end  thereof  and 
designated  as  Parcel  No.  2. 

3 — A  3  foot  alley,  laid  out  30  feet  south  of  Fairmount 
Avenue  and  extending  from  Pine  Street  Westerly  50  feet, 
more  or  less,  to  the  end  thereof  and  designated  as  Parcel 
No.  3. 

4 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Fayette  Street,  the  west  outline  of  the 
property  known  as  No.  709  W.  Fayette  Street  and  the 
existing  right  of  way  line  and  designated  as  Parcel  No.  4. 

5 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Fairmount  Avenue,  the  proposed 
right  of  way  line,  the  west  outline  of  the  property  known 
as  No.  711%  W.  Fayette  Street,  the  north  outline  of  the 
property  known  as  No.  706  W.  Fairmount  Avenue  and  the 
existing  right  of  way  line  and  designated  as  Parcel  No.  5. 

6 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Baltimore  Street,  the  proposed  right 
of  way  line,  Fairmount  Avenue,  the  east  outline  of  the  prop- 
erty known  as  No.  716/718  W.  Baltimore  Street  and  the 
existing  right  of  way  line  and  designated  as  Parcel  No.  6. 

Sheet  2  of  2  comprising  Parcel  No.'s: 

7 — A  6.5  foot  alley,  laid  out  73.73  feet  south  of  Lexington 
Street  and  extending  from  Pine  Street  Westerly  21  feet, 
more  or  less,  to  the  end  thereof  and  designated  as  Parcel 
No.  7. 


ORDINANCES  1121 

8 — Vine  Street,  30  feet  wide,  and  extending  from  Pine 
Street  Westerly  43.50  feet,  more  or  less,  to  the  end  thereof 
and  designated  as  Parcel  No.  8. 

9 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Vine  Street,  the  proposed  right  of 
way  line,  Lexington  Street,  the  right  of  way  line,  the  north, 
west  and  south  outlines  of  the  property  known  as  No.  114 
N.  Pine  Street  and  the  existing  right  of  way  line,  and 
designated  as  Parcel  No.  9. 

10 — A  portion  of  Ordinance  No.  1048  approved  June  21, 
1967  and  bounded  by  Fayette  Street,  the  proposed  right  of 
way  line,  Vine  Street,  and  the  existing  right  of  way  line 
and  designated  as  Parcel  No.  10. 

The  said  streets  and  alleys  or  portions  thereof  as  di- 
rected to  be  condemned  being  delineated  and  particularly 
shown  on  a  plat  numbered  332-A-3A  which  was  filed  in  the 
Office  of  the  Department  of  Public  Works  on  the  Twenty- 
sixth  (26th)  day  of  May,  in  the  year  1977  and  is  now  on 
file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  now  owned  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  be  and  continue  to  be  the  property  of 
the  Mayor  and  City  Council  of  Baltimore,  in  fee  simple, 
until  the  use  thereof  shall  be  abandoned  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  the  event  that  any  person, 
firm  or  corporation  shall  first  obtain  permission  and  per- 
mits therefor  from  the  Mayor  and  City  Council  of  Baltimore, 
and  shall  in  the  application  for  such  permission  and  per- 
mits agree  to  pay  all  costs  and  charges  of  every  kind  and 
nature  made  necessary  by  such  removal,  alternation  AL- 
TERATION or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 


1122  ORDINANCES  Ord.  No.  906 

over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  spe- 
cifications and  under  the  direction  of  the  Director  of  Pub- 
lic Works  of  Baltimore  City,  and  at  the  expense  of  the 
person  or  persons  or  body  corporate  desiring  to  erect  such 
buildings  or  structures.  Railroad  tracks  shall  be  taken  to 
be  "structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  coporation, 
CORPORATION,  other  than  the  Mayor  and  City  Council  of 
Baltimore,  shall  upon  notice  from  the  Director  of  Public 
Works  of  Baltimore  City,  be  promptly  removed  by  and  at 
the  expense  of  the  said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and  ap- 
purtenances used  by  it  therein,  for  the  purposes  of  inspec- 
tion, maintenance,  repair,  alteration,  relocation  and/or 
replacement,  of  any  or  all  of  said  structures  and  appurte- 
nances, and  this  without  permission  from  or  compensation 
to  the  owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  streets  and  alleys  or 
portions  thereof  and  the  proceedings  and  rights  of  all 
parties  interested  or  affected  thereby,  shall  be  regulated 
by,  and  be  in  accordance  with,  any  and  all  applicable 
provisions  of  Article  4  of  the  Code  of  Public  Local  Laws  of 
Maryland  and  the  Charter  of  Baltimore  City  (1964  Revi- 
sion) as  amended  to  July  1,  1973  and  any  and  all  amend- 
ments thereto,  and  any  and  all  other  Acts  of  the  General 
Assembly  of  Maryland,  and  any  and  all  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore,  and  any  and  all 
rules  or  regulations  in  effect  which  have  been  adopted  by 


ORDINANCES  1123 

the  Director  of  Public  Works  and  filed  with  the  Depart- 
ment of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  907 
(Council  No.  1694) 

An  Ordinance  to  authorize  the  use  of  the  property  generally 
known  as  3101  Towanda  Avenue,  as  outlined  in  red  on 
the  plats  accompanying  this  ordinance,  for  Drug  Abuse 
Rehabilitation  and  Treatment  Center  in  the  R-8  Zoning 
District  pursuant  to  Sections  4.8-ld  and  11.0-6d  of  Ar- 
ticle 30  of  the  Baltimore  City  Code  (1976  Edition),  Title 
1  'Zoning",  subject  to  the  condition  of  continuing  certifi- 
cation by  the  State  of  Maryland  Drug  Abuse  Adminis- 
tration. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  property  generally  known  as  3101 
Towanda  Avenue,  as  outlined  in  red  on  the  plats  accom- 
panying this  ordinance,  be  and  it  is  hereby  authorized  for 
use  as  a  Drug  Abuse  Rehabilitation  and  Treatment  Center 
in  the  R-8  Zoning  District  pursuant  to  Sections  4.8-ld  and 
11.0-6d  of  Article  30  of  the  Baltimore  City  Code  (1976  Edi- 
tion), Title  "Zoning",  subject  to  the  condition  of  continuing 
certification  by  the  State  of  Maryland  Drug  Abuse  Ad- 
ministration. 

Sec.  2.  And  be  it  further  ordained,  That  upon  passage  of 
this  ordinance  by  the  City  Council,  as  evidence  of  the  au- 
thenticity of  the  plat  which  is  a  part  hereof  and  in  order  to 
give  notice  to  the  departments  which  are  administering  the 
Zoning  Ordinance,  the  President  of  the  City  Council  shall 
sign  the  plat  and,  when  the  Mayor  approves  the  ordinance, 


1124  ORDINANCES  Ord.  No.  908 

he  shall  sign  the  plat.  The  City  Treasurer  shall  then  trans- 
mit a  copy  of  the  ordinance  and  one  of  the  plats  to  the  fol- 
lowing: the  Board  of  Municipal  and  Zoning  Appeals,  the 
Planning  Commission,  the  Commissioner  of  the  Department 
of  Housing  and  Community  Development,  and  the  Zoning 
Administrator. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  908 
(Council  No.  1784) 

An  Ordinance  to  repeal  Ordinance  No.  30,  approved  April  1, 
1976,  said  ordinance  being  titled  "An  Ordinance  to  add 
new  Section  248  (99a)  to  Article  31  of  the  Baltimore 
City  Code  (1966  Edition),  title  Transit  and  Traffic,' 
subtitle  'Parking  and  Stopping,'  providing  for  reserved 
parking  on  Plum  Street  near  Pennington  Avenue  for 
Lorraine  Rodgers." 

SECTION  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Ordinance  No.  30,  approved  April  1, 
1976,  be  and  it  is  hereby  repealed. 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  1125 

No.  909 
(Council  No.  1929) 

An  Ordinance  to  condemn  and  open,  St.  Paul  Street,  61.6 
feet  wide,  and  extending  from  Monument  Street,  South- 
erly 367  feet,  more  or  less,  to  the  north  side  of  Centre 
Street,  66  feet  wide,  as  shown  on  the  Mt.  Vernon  Project 
final  subdivision  plan  in  accordance  with  a  plat  thereof 
numbered,  293-A-4,  prepared  by  the  Surveys  and  Records 
Division  and  filed  in  the  Office  of  the  Department  of 
Public  Works,  on  the  Seventeenth  (17th)  day  of  July, 
1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open, 
St.  Paul  Street,  61.6  feet  wide,  and  extending  from  Monu- 
ment Street,  Southerly  367  feet,  more  or  less,  to  the  north 
side  of  Centre  Street,  66  feet  wide,  as  shown  on  the  Mt. 
Vernon  Project  final  subdivision  plan  the  street  hereby 
directed  to  be  condemned  for  said  opening  being  described 
as  follows: 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  east  side  of  St.  Paul  Street,  as  now  laid  out 
61.6  feet  wide,  and  the  south  side  of  Monument  Street,  as 
now  laid  out  66  feet  wide,  and  running  thence  binding  on 
the  east  side  of  said  St.  Paul  Street,  South  03°-12'-10" 
East  367.2  feet  to  intersect  the  north  side  of  Centre  Street, 
66  feet  wide,  as  shown  on  the  Mt.  Vernon  Project  final 
subdivision  plan;  thence  binding  on  the  north  side  of  said 
Centre  Street,  Westerly  61.6  feet  to  intersect  the  west  side 
of  said  St.  Paul  Street ;  thence  binding  on  the  west  side  of 
said  St.  Paul  Street,  Northerly  367  feet,  more  or  less,  to 
intersect  the  line  of  the  south  side  of  said  Monument  Street, 
if  projected  westerly  and  thence  binding  on  said  line  so 
projected,  Easterly  61.6  feet  to  the  place  of  beginning. 

the  said  St.  Paul  Street  as  directed  to  be  condemned  being 
more  particularly  described  and  referred  to  among  the 
Land  Records  of  Baltimore  City  and  delineated  and  par- 
ticularly shown  on  a  plat  numbered  293-A-4  which  was 
filed  in  the  Office  of  the  Department  of  Public  Works  on 


1126  ORDINANCES  Ord.  No.  910 

the  Seventeenth  (17th)  day  of  July  in  the  year  1978,  and 
is  now  on  file  in  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  St.  Paul  Street  and  the 
proceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code  of 
Public  Local  Laws  of  Maryland  and  the  Charter  of  Balti- 
more City  (1964  Revision)  as  amended  to  July  1,  1973  and 
any  and  all  amendments  thereto,  and  any  and  all  other  Acts 
of  the  General  Assembly  of  Maryland,  and  any  and  all  ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore,  and 
any  and  all  rules  or  regulations  in  effect  which  have  been 
adopted  by  the  Director  of  Public  Works  and  filed  with  the 
Department  of  Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  910 

(Council  No.  1930) 

An  Ordinance  to  condemn  and  close  a  1.6  foot  wide  portion 
of  St.  Paul  Street,  61.6  feet  wide,  contiguous  to  the  east 
side  thereof  and  extending  from  Monument  Street, 
South  03°-12'-10"  East  367.2  feet  to  the  north  side  of 
Centre  Street,  66  feet  wide,  as  shown  on  the  Mt.  Vernon 
Project  final  subdivision  plan  in  accordance  with  a  plat 
thereof  numbered  293-A-4A,  prepared  by  the  Surveys 
and  Records  Division  and  filed  in  the  Office  of  the  De- 
partment of  Public  Works,  on  the  Seventeenth  (17th) 
day  of  July  1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 


ORDINANCES  1127 

and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  a  1.6  foot  wide  portion  of  St.  Paul  Street,  61.6 
feet  wide,  contiguous  to  the  east  side  thereof  and  extend- 
ing from  Monument  Street,  South  03°-12'-10"  East  367.2 
feet  to  the  north  side  of  Centre  Street,  66  feet  wide,  as 
shown  on  the  Mt.  Vernon  Project  final  subdivision  plan 
the  portion  of  street  hereby  directed  to  be  condemned  for 
said  closing  being  described  as  follows : 

Beginning  for  the  same  at  the  point  formed  by  the  inter- 
section of  the  east  side  of  St.  Paul  Street,  as  now  laid  out 
61.6  feet  wide,  and  the  south  side  of  Monument  Street, 
as  now  laid  out  66  feet  wide,  and  running  thence  binding 
on  the  east  side  of  said  St.  Paul  Street,  South  03°-12'-10" 
East  367.2  feet  to  intersect  the  north  side  of  Centre  Street, 
66  feet  wide,  as  shown  on  the  Mt.  Vernon  Project  final 
subdivision  plan;  thence  binding  on  the  north  side  of  said 
Centre  Street,  South  87°-06'-30"  West  1.6  feet  to  intersect 
the  east  side  of  St.  Paul  Street,  60  feet  wide,  as  shown  on 
said  final  subdivision  plan ;  thence  binding  on  the  east  side 
of  last  said  St.  Paul  Street,  North  03°-12'-10"  West  367.2 
feet  to  intersect  the  south  side  of  said  Monument  Street 
and  thence  binding  on  the  south  side  of  said  Monument 
Street,  North  87°-15'-00"  East  1.6  feet  to  the  place  of 
beginning. 

the  said  portion  of  St.  Paul  Street  as  directed  to  be  con- 
demned being  delineated  and  particularly  shown  on  a  plat 
numbered  293-A-4A  which  was  filed  in  the  Office  of  the 
Department  of  Public  Works  on  the  Seventeenth  (17th) 
day  of  July,  in  the  year  1978  and  is  now  on  file  in  the 
said  Office. 

SEC.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provisions 
of  this  ordinance,  all  subsurface  structures  and  appurte- 
nances now  owned  by  the  Mayor  and  City  Council  of 
Baltimore,  shall  be  and  continue  to  be  the  property  of  the 
Mayor  and  City  Council  of  Baltimore,  in  fee  simple,  until 
the  use  thereof  shall  be  abandoned  by  the  Mayor  and  City 
Council  of  Baltimore,  and  in  the  event  that  any  person, 
firm  or  corporation  shall  first  obtain  permission  and  per- 
mits therefor  from  the  Mayor  and  City  Council  of  Balti- 
more, and  shall  in  the  application  for  such  permission  and 


1128  ORDINANCES  Ord.  No.  910 

permits  agree  to  pay  all  costs  and  charges  of  every  kind 
and  nature  made  necessary  by  such  removal,  alteration 
or  interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the 
specifications  and  under  the  direction  of  the  Director  of 
Public  Works  of  Baltimore  City,  and  at  the  expense  of  the 
person  or  persons  or  body  corporate  desiring  to  erect  such 
buildings  or  structures.  Railroad  tracks  shall  be  taken  to 
be  "structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  ap- 
purtenances owned  by  any  person,  firm  or  corporation, 
other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 
upon  notice  from  the  Director  of  Public  Works  of  Balti- 
more City,  be  promptly  removed  by  and  at  the  expense  of 
the  said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and  ap- 
purtenances used  by  it  therein,  for  the  purposes  of  inspec- 
tion, maintenance,  repair,  alteration,  relocation  and/or 
replacement,  of  any  or  all  of  said  structures  and  appur- 
tenances, and  this  without  permission  from  or  compensa- 
tion to  the  owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  portion  of  St.  Paul  Street 
and  the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accord- 


ORDINANCES  1129 

ance  with,  any  and  all  applicable  provisions  of  Article  4 
of  the  Code  of  Public  Local  Laws  of  Maryland  and  the 
Charter  of  Baltimore  City  (1964  Revision)  as  amended  to 
July  1,  1973  and  any  and  all  amendments  thereto,  and  any 
and  all  other  Acts  of  the  General  Assembly  of  Maryland, 
and  any  and  all  ordinances  of  the  Mayor  and  City  Council 
of  Baltimore,  and  any  and  all  rules  or  regulations  in  effect 
which  have  been  adopted  by  the  Director  of  Public  Works 
and  filed  with  the  Department  of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  911 
(Council  No.  1931) 

An  Ordinance  to  condemn  and  open,  certain  alleys  within 
the  area  bounded  by  Caroline  Street,  Fairmount  Avenue, 
Bond  Street  and  Baltimore  Street  and  lying  within  the 
Washington  Hill-Chapel  Neighborhood  Development  Pro- 
gram in  accordance  with  a  plat  thereof  numbered,  309-A- 
20,  prepared  by  the  Surveys  and  Records  Division  and 
filed  in  the  Office  of  the  Department  of  Public  Works,  on 
the  Ninth  (9th)  day  of  August,  1978,  and  now  on  file  in 
said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open, 
certain  alleys  within  the  area  bounded  by  Caroline  Street, 
Fairmount  Avenue,  Bond  Street  and  Baltimore  Street  and 
lying  within  the  Washington  Hill-Chapel  Neighborhood 
Development  Program  the  alleys  hereby  directed  to  be 
condemned  for  said  opening  being  described  as  follows: 

1 — An  alley,  4  feet  wide,  laid  out  64  feet  north  of  Balti- 
more Street  and  extending  from  Caroline  Street,  Easterly 


1130  ORDINANCES  Ord.  No.  911 

67.5  feet,  more  or  less,  to  the  end  thereof  and  designated 
as  Parcel  No.  1. 

2 — An  alley,  varying  in  width,  laid  out  in  the  rear  of  the 
properties  known  as  No.'s  5  to  11  Caroline  Street  and  ex- 
tending from  Ten  Pin  Alley,  laid  out  124  feet  north  of  Bal- 
timore Street,  Southerly  56  feet,  more  or  less,  to  a  4  foot 
alley  laid  out  64  feet  north  of  Baltimore  Street  and  desig- 
nated as  Parcel  No.  2. 

3 — An  alley,  3  feet  wide,  laid  out  67.33  feet  east  of  Caro- 
line Street  and  extending  from  Ten  Pin  Alley,  laid  out  124 
feet  north  of  Baltimore  Street,  Northerly  16.5  feet,  more  or 
less,  to  the  end  thereof  and  designated  as  Parcel  No.  3. 

4 — An  alley,  3  feet  wide,  laid  out  40  feet  west  of  Dallas 
Street  and  extending  from  Ten  Pin  Alley,  laid  out  124  feet 
north  of  Baltimore  Street,  Northerly  33  feet,  more  or  less,  to 
the  end  thereof  and  designated  as  Parcel  No.  4. 


-An  alley,  2.5  feet  wide,  laid  out  in  the  rear  of  the 
properties  known  as  No.'s  1507  to  1513  Fairmount  Avenue 
and  extending  from  Dallas  Street,  Westerly  48  feet,  more  or 
less,  to  the  end  thereof  and  designated  as  Parcel  No.  5. 

6 — An  alley,  10  feet  wide,  laid  out  in  the  rear  of  the 
properties  known  as  No.'s  1515  to  1525  Fairmount  Avenue 
and  extending  from  Dallas  Street,  Easterly  76  feet,  more 
or  less,  to  the  end  thereof  and  designated  as  Parcel  No.  6. 

7 — An  alley,  10  feet  wide,  laid  out  104  feet  north  of  Bal- 
timore Street  and  extending  from  Dallas  Street,  Easterly 
75.5  feet,  more  or  less,  to  the  end  thereof  and  designated  as 
Parcel  No.  7. 

the  said  alleys  as  directed  to  be  condemned  being  more 
particularly  described  and  referred  to  among  the  Land 
Records  of  Baltimore  City  and  delineated  and  particularly 
shown  on  a  plat  numbered  309-A-20  which  was  filed  in  the 
Office  of  the  Department  of  Public  Works  on  the  Ninth 
(9th)  day  of  August  in  the  year  1978,  and  is  now  on  file  in 
said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation   and   opening  of   said   alleys   and  the  pro- 


ORDINANCES  1131 

ceedings  and  rights  of  all  parties  interested  or  affected 
thereby,  shall  be  regulated  by,  and  be  in  accordance  with, 
any  and  all  applicable  provisions  of  Article  4  of  the  Code 
of  Public  Local  Laws  of  Maryland  and  the  Charter  of  Bal- 
timore City  (1964  Revision)  as  amended  to  July  1,  1973  and 
any  and  all  amendments  thereto,  and  any  and  all  other 
Acts  of  the  General  Assembly  of  Maryland,  and  any  and  all 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
and  any  and  all  rules  or  regulations  in  effect  which  have 
been  adopted  by  the  Director  of  Public  Works  and  filed 
with  the  Department  of  Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  912 
(Council  No.  1932) 

An  Ordinance  to  condemn  and  close  certain  alleys  or  por- 
tions thereof  within  the  area  bounded  by  Caroline  Street, 
Fairmount  Avenue,  Bond  Street  and  Baltimore  Street 
and  lying  within  the  Washington  Hill-Chapel  Neighbor- 
hood Development  Program  in  accordance  with  a  plat 
thereof  numbered  309-A-20A,  prepared  by  the  Surveys 
and  Records  Division  and  filed  in  the  Office  of  the  De- 
partment of  Public  Works,  on  the  Ninth  (9th)  day  of 
August,  1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn  and 
close  certain  alleys  or  portions  thereof  within  the  area 
bounded  by  Caroline  Street,  Fairmount  Avenue,  Bond 
Street  and  Baltimore  Street  and  lying  within  the  Washing- 
ton Hill-Chapel  Neighborhood  Development  Program  the 


1132  ORDINANCES  Ord.  No.  912 

alleys  or  portions  thereof  hereby  directed  to  be  condemned 
for  said  closing  being  described  as  follows: 

1 — An  alley,  4  feet  wide,  laid  out  64  feet  north  of  Balti- 
more Street  and  extending  from  Caroline  Street,  Easterly 
67.5  feet,  more  or  less,  to  the  end  thereof  and  designated  as 
Parcel  No.  1. 

2 — An  alley,  varying  in  width,  laid  out  in  the  rear  of  the 
properties  known  as  No.'s  5  to  11  Caroline  Street  and  ex- 
tending from  Ten  Pin  Alley,  laid  out  124  feet  north  of 
Baltimore  Street,  Southerly  56  feet,  more  or  less,  to  a  4 
foot  alley  laid  out  64  feet  north  of  Baltimore  Street  and 
designated  as  Parcel  No.  2. 

3 — An  alley,  3  feet  wide,  laid  out  67.33  feet  east  of 
Caroline  Street  and  extending  from  the  north  side  of  a  20 
foot  alley  as  shown  on  the  final  subdivision  plan  of  the 
Washington  Hill-Chapel  Neighborhood  Development  Pro- 
gram, Northerly  6.5  feet,  more  or  less,  to  the  end  thereof 
and  designated  as  Parcel  No.  3. 

4 — An  alley,  3  feet  wide,  laid  out  40  feet  west  of  Dallas 
Street  and  extending  from  the  north  side  of  a  20  foot  alley 
as  shown  on  the  final  subdivision  plan  of  the  Washington 
Hill-Chapel  Neighborhood  Development  Program,  North- 
erly 23  feet,  more  or  less,  to  the  end  thereof  and  designated 
as  Parcel  No.  4. 

5 — An  alley,  2.5  feet  wide,  laid  out  in  the  rear  of  the 
properties  known  as  No.'s  1507  to  1513  Fairmount  Avenue 
and  extending  from  Dallas  Street,  Westerly  48  feet,  more 
or  less,  to  the  end  thereof  and  designated  as  Parcel  No.  5. 

6 — A  portion  of  an  alley,  10  feet  wide,  beginning  at  the 
point  formed  by  the  intersection  of  the  east  side  of  Masons 
Alley,  10  feet  wide,  laid  out  46.5  feet  east  of  Dallas  Street 
and  the  south  side  of  a  10  foot  alley,  laid  out  in  the  rear  of 
the  properties  known  as  No.'s  1515  to  1525  Fairmount 
Avenue  and  running  thence  binding  on  the  line  of  the  east 
side  of  said  Masons  Alley,  if  projected  northerly,  Northerly 
7  feet,  more  or  less,  to  intersect  the  line  of  the  north  out- 
line of  the  property  known  as  No.  20  Bond  Street,  if 
projected  westerly;  thence  binding  reversely  on  said  line 
so  projected,  Easterly  19  feet,  more  or  less,  to  intersect  the 


ORDINANCES  1133 

easternmost  extremity  of  the  10  foot  alley  laid  out  in  the 
rear  of  said  properties  known  as  No.'s  1515  to  1525  Fair- 
mount  Avenue;  thence  binding  on  the  easternmost  ex- 
tremity of  last  said  10  foot  alley,  Southerly  7  feet,  more  or 
less,  to  the  south  side  of  last  said  10  foot  alley  and  thence 
binding  on  the  south  side  of  last  said  10  foot  alley,  West- 
erly 19  feet,  more  or  less,  to  the  place  of  beginning  and 
designated  as  Parcel  No.  6. 

7 — An  alley,  10  feet  wide,  laid  out  104  feet  north  of 
Baltimore  Street  and  extending  from  the  line  of  the  east 
side  of  Masons  Alley,  if  projected  southerly,  Easterly  19 
feet,  more  or  less,  to  the  end  thereof  and  designated  as 
Parcel  No.  7. 

the  said  alleys  or  portions  thereof  as  directed  to  be  con- 
demned being  more  particularly  described  and  referred  to 
among  the  Land  Records  of  Baltimore  City  and  delineated 
and  particularly  shown  on  a  plat  numbered  309-A-20A 
which  was  filed  in  the  Office  of  the  Department  of  Public 
Works  on  the  Ninth  (9th)  day  of  August,  in  the  year  1978 
and  is  now  on  file  in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  pro- 
visions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  now  owned  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  be  and  continue  to  be  the  property  of 
the  Mayor  and  City  Council  of  Baltimore,  in  fee  simple, 
until  the  use  thereof  shall  be  abandoned  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  the  event  that  any  per- 
son, firm  or  corporation  shall  first  obtain  permission  and 
permits  therefor  from  the  Mayor  and  City  Council  of  Balti- 
more, and  shall  in  the  application  for  such  permission  and 
permits  agree  to  pay  all  costs  and  charges  of  every  kind  and 
nature  made  necessary  by  such  removal,  alteration  or  inter- 
ference. 

Sec.  3.  And  be  it  further  ordamed,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 


1134  ORDINANCES  Ord.  No.  912 

over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  speci- 
fications and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 
ings or  structures.  Railroad  tracks  shall  be  taken  to  be 
1 'structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  pro- 
visions of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  corporation, 
other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 
upon  notice  from  the  Director  of  Public  Works  of  Balti- 
more City,  be  promptly  removed  by  and  at  the  expense  of 
the  said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and  ap- 
purtenances used  by  it  therein,  for  the  purposes  of  inspec- 
tion, maintenance,  repair,  alteration,  relocation  and/or  re- 
placement, of  any  or  all  of  said  structures  and  appurte- 
nances, and  this  without  permission  from  or  compensation 
to  the  owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  alleys  or  portions  thereof 
and  the  proceedings  and  rights  of  all  parties  interested  or 
affected  thereby,  shall  be  regulated  by,  and  be  in  accordance 
with,  any  and  all  applicable  provisions  of  Article  4  of  the 
Code  of  Public  Local  Laws  of  Maryland  and  the  Charter  of 
Baltimore  City  (1964  Revision)  as  amended  to  July  1, 
1973  and  any  and  all  amendments  thereto,  and  any  and  all 
other  Acts  of  the  General  Assembly  of  Maryland,  and  any 
and  all  ordinances  of  the  Mayor  and  City  Council  of  Balti- 
more, and  any  and  all  rules  or  regulations  in  effect  which 
have  been  adopted  by  the  Director  of  Public  Works  and 
filed  with  the  Department  of  Legislative  Reference. 


ORDINANCES  1135 

SEC.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  913 
(Council  No.  1933) 

An  Ordinance  to  condemn  and  open,  certain  streets  and  al- 
leys or  portions  thereof  lying  within  the  area  of  the 
Reservoir  Hill  Urban  Renewal  Project  in  accordance  with 
a  plat  thereof  numbered,  316-A-3,  prepared  by  the  Sur- 
veys and  Records  Division  and  filed  in  the  Office  of  the 
Department  of  Public  Works,  on  the  Twenty-first  (21st) 
day  of  August,  1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be,  and 
they  are  hereby  authorized  and  directed  to  condemn,  open, 
certain  streets  and  alleys  or  portions  thereof  lying  within 
the  area  of  the  Reservoir  Hill  Urban  Renewal  Project  the 
streets  and  alleys  hereby  directed  to  be  condemned  for  said 
opening  being  described  as  follows: 

Sheet  1  of  1  comprising  a  10  foot  alley  contiguous  to  the 
west  outline  of  No.  800  Reservoir  Street  and  extending  from 
a  20  foot  alley,  laid  out  in  the  rear  of  the  properties  known 
as  Nos.  801  through  and  including  819  Newington  Avenue, 
Southerly  25  feet,  more  or  less,  to  a  10  foot  alley,  laid  out 
110.10  feet  north  of  Reservoir  Street,  66  feet  wide,  and 
designated  as  Parcel  No.  1 

the  said  alley  as  directed  to  be  condemned  being  more  par- 
ticularly described  and  referred  to  among  the  Land  Records 
of  Baltimore  City  and  delineated  and  particularly  shown 
on  a  plat  numbered  316-A-3  which  was  filed  in  the  Office 
of  the  Department  of  Public  Works  on  the  Twenty-first 
(21st)  day  of  August  in  the  year  1978,  and  is  now  on  file  in 
said  Office. 


1136  ORDINANCES  Ord.  No.  914 

Sec.  2.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works,  with  reference  to  the 
condemnation  and  opening  of  said  alley  and  the  proceedings 
and  rights  of  all  parties  interested  or  affected  thereby,  shall 
be  regulated  by,  and  be  in  accordance  with,  any  and  all  ap- 
plicable provisions  of  Article  4  of  the  Code  of  Public  Local 
Laws  of  Maryland  and  the  Charter  of  Baltimore  City  (1964 
Revision)  as  amended  to  July  1, 1973  and  any  and  all  amend- 
ments thereto,  and  any  and  all  other  Acts  of  the  General 
Assembly  of  Maryland,  and  any  and  all  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore,  and  any  and  all  rules 
or  regulations  in  effect  which  have  been  adopted  by  the 
Director  of  Public  Works  and  filed  with  the  Department  of 
Legislative  Reference. 

Sec.  3.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6, 1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  914 
(Council  No.  1934) 

An  Ordinance  to  condemn  and  close  certain  streets  and 
alleys  or  portions  thereof  lying  within  the  area  of  the 
Reservoir  Hill  Urban  Renewal  Project  in  accordance 
with  a  plat  thereof  numbered  316-A-3A,  prepared  by  the 
Surveys  and  Records  Division  and  filed  in  the  Office  of 
the  Department  of  Public  Works,  on  the  Twenty-first 
(21st)  day  of  August,  1978,  and  now  on  file  in  said  office. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  Department  of  Public  Works  be, 
and  they  are  hereby  authorized  and  directed  to  condemn 
and  close  certain  streets  and  alleys  or  portions  thereof 
lying  within  the  area  of  the  Reservoir  Hill  Urban  Renewal 
Project  the  streets  and  alleys  hereby  directed  to  be  con- 
demned for  said  closing  being  described  as  follows: 


ORDINANCES  1137 

Sheet  1  of  1  comprising  a  10  foot  alley  contiguous  to 
the  west  outline  of  No.  800  Reservoir  Street  and  extending 
from  a  20  foot  alley,  laid  out  in  the  rear  of  the  properties 
known  as  Nos.  801  through  and  including  819  Newington 
Avenue,  Southerly  25  feet,  more  or  less,  to  a  10  foot  alley, 
laid  out  110.10  feet  north  of  Reservoir  Street,  66  feet  wide 
and  designated  as  Parcel  No.  1. 

the  said  alley  as  directed  to  be  condemned  being  more  par- 
ticularly described  and  referred  to  among  the  Land  Records 
of  Baltimore  City  and  delineated  and  particularly  shown  on 
a  plat  numbered  316-A-3A  which  was  filed  in  the  Office  of 
the  Department  of  Public  Works  on  the  Twenty-first 
(21st)  day  of  August,  in  the  year  1978  and  is  now  on  file 
in  the  said  Office. 

Sec.  2.  And  be  it  further  ordained,  That  after  said  high- 
way or  highways  shall  have  been  closed  under  the  provi- 
sions of  this  ordinance,  all  subsurface  structures  and  ap- 
purtenances now  owned  by  the  Mayor  and  City  Council  of 
Baltimore,  shall  be  and  continue  to  be  the  property  of  the 
Mayor  and  City  Council  of  Baltimore,  in  fee  simple,  until 
the  use  thereof  shall  be  abandoned  by  the  Mayor  and  City 
Council  of  Baltimore,  and  in  the  event  that  any  person, 
firm  or  corporation  shall  first  obtain  permission  and  per- 
mits therefor  from  the  Mayor  and  City  Council  of  Balti- 
more, and  shall  in  the  application  for  such  permission  and 
permits  agree  to  pay  all  costs  and  charges  of  every  kind 
and  nature  made  necessary  by  such  removal,  alteration  or 
interference. 

Sec.  3.  And  be  it  further  ordained,  That  no  buildings  or 
structures  of  any  kind  shall  be  constructed  or  erected  in 
said  portion  of  said  highway  or  highways  after  the  same 
shall  have  been  closed  under  the  provisions  of  this  ordi- 
nance until  the  subsurface  structures  and  appurtenances 
now  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
over  which  said  buildings  or  structures  are  proposed  to  be 
constructed  or  erected  shall  have  been  abandoned  or  shall 
have  been  removed  and  relaid  in  accordance  with  the  spec- 
ifications and  under  the  direction  of  the  Director  of  Public 
Works  of  Baltimore  City,  and  at  the  expense  of  the  person 
or  persons  or  body  corporate  desiring  to  erect  such  build- 


1138  ORDINANCES  Ord.  No.  914 

ings  or  structures.   Railroad  tracks  shall  be  taken  to  be 
"structures"  within  the  meaning  of  this  section. 

Sec.  4.  And  be  it  further  ordained,  That  after  said 
highway  or  highways  shall  have  been  closed  under  the 
provisions  of  this  ordinance,  all  subsurface  structures  and 
appurtenances  owned  by  any  person,  firm  or  corporation, 
other  than  the  Mayor  and  City  Council  of  Baltimore,  shall 
upon  notice  from  the  Director  of  Public  Works  of  Baltimore 
City,  be  promptly  removed  by  and  at  the  expense  of  the 
said  owners. 

Sec.  5.  And  be  it  further  ordained,  That  on  and  after 
the  closing  of  said  highway  or  highways,  the  said  Mayor 
and  City  Council  of  Baltimore,  acting  through  its  duly 
authorized  representatives,  shall,  at  all  times,  have  access 
to  said  property  and  to  all  subsurface  structures  and  ap- 
purtenances used  by  it  therein,  for  the  purposes  of  inspec- 
tion, maintenance,  repair,  alteration,  relocation  and/or  re- 
placement, of  any  or  all  of  said  structures  and  appur- 
tenances, and  this  without  permission  from  or  compensa- 
tion to  the  owner  or  owners  of  said  land. 

Sec.  6.  And  be  it  further  ordained,  That  the  proceedings 
of  said  Department  of  Public  Works  with  reference  to  the 
condemnation  and  closing  of  said  alley  and  the  proceedings 
and  rights  of  all  parties  interested  or  affected  thereby, 
shall  be  regulated  by,  and  be  in  accordance  with,  any  and 
all  applicable  provisions  of  Article  4  of  the  Code  of  Public 
Local  Laws  of  Maryland  and  the  Charter  of  Baltimore  City 
(1964  Revision)  as  amended  to  July  1,  1973  and  any  and 
all  amendments  thereto,  and  any  and  all  other  Acts  of  the 
General  Assembly  of  Maryland,  and  any  and  all  ordinances 
of  the  Mayor  and  City  Council  of  Baltimore,  and  any  and 
all  rules  or  regulations  in  effect  which  have  been  adopted 
by  the  Director  of  Public  Works  and  filed  with  the  Depart- 
ment of  Legislative  Reference. 

Sec.  7.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


ORDINANCES  1139 

No.  915 
(Council  No.  1936) 

An  Ordinance  to  amend  the  Renewal  Plan  for  Project  3-C, 
which  Plan  was  originally  approved  by  Ordinance  No. 
1299  dated  March  29,  1958,  and  amended  by  Ordinance 
No.  932  dated  July  10,  1961,  to,  among  other  things,  (1) 
create  Disposition  Lot  1A  for  semi-public  use  from  that 
portion  of  Jefferson  Street  which  is  to  be  closed  between 
Wolfe  and  Orleans  Streets;  (2)  create  Parcel  A  from 
the  southwestern  portion  of  Disposition  Lot  2  for  widen- 
ing of  Orleans  Street;  (3)  revise  the  standards  and 
controls  on  Disposition  Lots  1  and  2;  (4)  update  the 
Plan  to  reflect  the  creation  of  the  Department  of  Hous- 
ing and  Community  Development  and  current  zoning 
district  classifications;  (5)  revise  and/or  eliminate  cer- 
tain Exhibits  attached  to  said  Plan  to  indicate  the 
changes  provided  therein;  (6)  waive  such  requirements, 
if  any,  as  to  content  or  procedure  for  the  preparation, 
adoption,  and  approval  of  renewal  plans  as  set  forth  in 
Section  25  of  Article  13  of  the  Baltimore  City  Code 
419W  Cumulative  Supplomont)  1976  EDITION,  AS 
AMENDED;  (7)  provide  for  the  separability  of  the 
various  parts  and  applications  of  this  ordinance;  (8) 
provide  that  where  the  provisions  of  this  ordinance  shall 
conflict  with  any  other  ordinance,  code  or  regulation,  the 
provision  which  establishes  the  higher  standard  shall 
prevail;  and   (9)   provide  for  the  effective  date  hereof. 

Whereas,  the  Renewal  Plan  for  Project  3-C  was  ap- 
proved by  the  Mayor  and  City  Council  of  Baltimore  by 
Ordinance  No.  1299  dated  March  29,  1958,  and  amended 
by  Ordinance  No.  932  dated  July  10,  1961 ;  and 

Whereas,  pursuant  to  Section  25,  Article  13,  of  the 
Baltimore  City  Code  (1977  Supplomont)  1976  EDITION, 
AS  AMENDED,  no  substantial  change  or  changes  shall  be 
made  in  any  renewal  plan  after  approval  by  ordinance, 
without  such  change  or  changes  first  being  adopted  and 
approved  in  the  same  manner  as  set  forth  in  said  Section 
25  for  the  approval  of  a  renewal  plan,  namely  the  prepara- 
tion of  such  change  or  changes  by  the  Department  of 
Housing  and   Community  Development,   the   approval  of 


1140  ORDINANCES  Ord.  No.  915 

such  change  or  changes  by  the  Director  of  the  Department 
of  Planning,  and  approval  and  adoption  by  an  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore  after  a  public 
hearing  in  relation  thereto,  all  in  the  manner  set  forth  in 
said  Section  25 ;  and 

Whereas,  extensive  changes  in  the  Renewal  Plan  for 
Project  3-C  make  it  infeasible  to  make  line-by-line  changes; 
therefore,  the  Department  of  Housing  and  Community  De- 
velopment has  prepared  an  amended  Renewal  Plan  for 
Project  3-C;  and 

Whereas,  the  amended  Renewal  Plan  for  Project  3-C 
has  been  approved  by  the  Director  of  the  Department  of 
Planning  on  September  14,  1978,  with  respect  to  its  con- 
formity as  to  the  Master  Plan,  the  detailed  location  of  any 
public  improvements  proposed  in  the  amended  Renewal 
Plan,  its  conformity  to  the  rules  and  regulations  for  sub- 
divisions, and  its  conformity  to  existing  zoning  classifica- 
tions; and  the  amended  Renewal  Plan  for  Project  3-C 
has  been  approved  and  recommended  to  the  Mayor  and 
City  Council  of  Baltimore  by  the  Commissioner  of  the  De- 
partment of  Housing  and  Community  Development  on 
September  20,  1978 ;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  amended  Renewal  Plan  for  Project 
3-C,  identified  as  "Urban  Renewal  Plan,  Project  3-C  .  .  . 
revised  to  include  Amendment  No.  2  dated  August  30, 
1978",  is  hereby  approved  and  the  Clerk  of  the  City  Coun- 
cil is  hereby  directed  to  file  a  copy  of  said  amended  Re- 
newal Plan  with  the  Department  of  Legislative  Reference 
as  a  permanent  public  record  and  to  make  the  same  avail- 
able for  public  inspection  and  information. 

Sec.  2.  And  be  it  further  ordained,  That  in  whatever 
respect,  if  any,  the  amended  Renewal  Plan  approved  hereby 
for  Project  3-C  may  not  meet  the  requirements  as  to  the 
content  of  a  renewal  plan  or  the  procedures  for  the  prep- 
aration, adoption,  and  approval  of  renewal  plans,  as  pro- 
vided in  Section  25  of  Article  13  of  the  Baltimore  City 
Code  4±£W  Cumulative)  Supplomont)  1976  EDITION,  AS 
AMENDED,  the  said  requirements  are  hereby  waived  and 


ORDINANCES  1141 

the  amended  Renewal  Plan  approved  hereby  is  exempted 
therefrom. 

Sec.  3.  And  be  it  further  ordained,  That  in  the  event  it 
be  judicially  determined  that  any  word,  phrase,  clause, 
sentence,  paragraph,  section  or  part  in  or  of  this  ordinance 
or  the  application  thereof  to  any  person  or  circumstances 
is  invalid,  the  remaining  provisions  and  the  application  of 
such  provisions  to  other  persons  or  circumstances  shall 
not  be  affected  thereby,  the  Mayor  and  City  Council  hereby 
declaring  that  they  would  have  ordained  the  remaining 
provisions  of  this  ordinance  without  the  word,  phrase, 
clause,  sentence,  paragraph,  section  or  part  or  the  appli- 
cation thereof  so  held  invalid. 

Sec.  4.  And  be  it  further  ordained,  That  in  any  case 
where  a  provision  of  this  ordinance  concerns  the  same 
subject  matter  as  an  existing  provision  of  any  zoning, 
building,  electrical,  plumbing,  health,  fire  or  safety  ordi- 
nance or  code  or  regulation,  the  applicable  provisions  con- 
cerned shall  be  construed  so  as  to  give  effect  to  each ;  pro- 
vided, however,  that  if  such  provisions  are  found  to  be  in 
irreconcilable  conflict,  the  provision  which  establishes  the 
higher  standard  for  the  promotion  of  the  public  health 
and  safety  shall  prevail.  In  any  case  where  a  provision  of 
this  ordinance  is  found  to  be  in  conflict  with  an  existing 
provision  of  any  other  ordinance  or  code  or  regulation  in 
force  in  the  City  of  Baltimore  which  establishes  a  lower 
standard  for  the  promotion  and  protection  of  the  public 
health  and  safety,  the  provision  of  this  ordinance  shall 
prevail,  and  the  other  existing  provision  of  such  other 
ordinance  or  code  or  regulation  is  hereby  repealed  to  the 
extent  that  it  may  be  found  in  conflict  with  this  ordinance. 

Sec.  5.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


1142  ORDINANCES  Ord.  No.  916 

No.   916 
(Council  No.  1979) 

An  Ordinance  to  repeal  and  reordain  with  amendments 
Sections  96(g),  96 (i),  97,  98,  99(a),  99(1),  100,  101(b), 
101(c),  102,  and  103  of  Article  1  of  the  Baltimore  City 
Code  (1976  Edition),  title  "Mayor,  City  Council,  and 
Municipal  Agencies",  subtitle  "Records  Management  Of- 
ficer", changing  the  title  of  the  Officer  to  City  Archivist 
and  Records  Management  Officer,  CHANGING  THE 
TITLE  OF  THE  OFFICE  TO  CITY  ARCHIVES  AND 
RECORDS  MANAGEMENT  OFFICE  and  changing  the 
title  of  the  Records  Disposal  Committee  to  Records  Com- 
mittee. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  Sections  96(g),  96  (i),  97,  98,  99(a), 
99(1),  100,  101(b),  101(c),  102,  and  103  of  Article  1  of  the 
Baltimore  City  Code  (1976  Edition),  title  "Mayor,  City 
Council,  and  Municipal  Agencies",  subtitle  "Records  Man- 
agement Officer",  be  and  they  are  hereby  repealed  and 
reordained  with  amendments  to  read  as  follows: 

CITY  ARCHIVIST  AND  RECORDS 
MANAGEMENT   OFFICER 

96.  Definitions. 

(g)  Committee.  "Committee"  means  the  Records  [Dis- 
posal] Committee. 

(i)  City  Archives  and  Records  Management  Office.  "City 
Archives  and  Records  Management  Office"  means  the  office 
created  herein,  with  the  powers  and  duties  as  described  in 
this  subtitle. 

97.  Records  [Disposal]  Committee. 

A  Records  [Disposal]  Committee  is  created  and  estab- 
lished, consisting  ex  officio  of  the  Director  of  the  Depart- 
ment of  Legislative  Reference,  who  shall  be  the  Chairman, 
the  Comptroller,  the  Treasurer,  the  City  Solicitor,  the  City 
Auditor,  the  Director  of  the  Department  of  Public  Works, 
and  the  Director  of  the  Municipal  Museum  of  the  City  of 


ORDINANCES  1143 

Baltimore,  or  their  designated  alternates,  which  shall  con- 
vene as  called  by  the  chairman  or  by  any  three  members 
thereof,  to  review  and  act  upon  records  retention  sched- 
ules submitted  for  consideration  by  the  City  Archives  and 
Records  Management  Office,  to  consider  and  act  upon 
schedules  of  records  of  historical  significance  submitted  by 
the  Director  of  the  Department  of  Legislative  Reference, 
and  to  consider  and  resolve  questions  of  City  records  man- 
agement policy  brought  to  its  attention  by  the  City  Archi- 
vist and  Records  Management  Officer  or  any  member  of 
the  Committee. 

98.  City  Archivist  and  Records  Management  Officer. 

There  shall  be  in  the  Department  of  Legislative  Refer- 
ence a  City  Archivist  and  Records  Management  Officer  who 
shall  perform  the  duties  and  exercise  the  powers  herein 
imposed  and  conferred,  subject  to  the  supervision  of  the 
Director  of  the  Department  of  Legislative  Reference  and 
of  the  Records  ([Disposal]  Committee. 

99.  Same;  duties. 

(a)  General.  The  City  Archivist  and  Records  Manage- 
ment Officer  shall  have  primary  responsibility  for  the  de- 
velopment and  administration  of  a  continuing  records  man- 
agement AND  ARCHIVAL  program  for  the  records  of  the 
several  executive  departments,  and  shall  perform,  including 
but  not  limited  to,  the  following  functions  in  connection  with 
the  records  activities  of  the  executive  departments: 

(I)  RECORDS  CENTER.  ORGANIZE  AND  ADMIN- 
ISTER A  RECORDS  STORAGE  CENTER  OR  CENTERS 
FOR  THE  CITY'S  INACTIVE  AND  HISTORICAL  RE- 
CORDS. 

100.  Records  program. 

(a)  Required.  It  shall  be  the  responsibility  of  each  ex- 
ecutive department  of  the  City  to  develop  a  continuing  pro- 
gram for  the  economical  and  efficient  management  of  its 
records,  complying  with  the  instructions  and  directives  is- 
sued by  the  City  Archivist  and  Records  Management  Of- 
ficer with  respect  to  the  retention,  disposal,  storage,  photo- 
graphing and  microphotographing  of  its  records. 


1144  ORDINANCES  Ord.  No.  916 

(b)  Liaison.  An  employee  of  each  department  shall  be 
designated  to  develop  and  carry  out  the  department's  rec- 
ords management  program  and  to  provide  liaison  with  the 
City  Archivist  and  Records  Management  Officer. 

101.  Disposal  of  Records. 

(b)  Schedules.  It  shall  be  the  duty  of  each  Department 
to  prepare  records  retention  schedules  to  assure  the 
orderly  retention  of  records  required  for  the  operation  of 
the  department  as  well  as  the  prompt  disposal  of  records 
having  no  further  value.  Such  schedules  shall  be  prepared 
and  submitted  in  the  manner  prescribed  and  will  become 
effective  when  approved  by  the  Records  [Disposal]  Com- 
mittee. 

(c)  Certification.  When  records  are  disposed  of,  the  de- 
partment shall  submit  to  the  City  Archivist  and  Records 
Management  Officer  a  certificate  of  disposal,  listing  the 
records  and  certifying  to  their  disposal. 

102  HISTORICAL  RECORDS  OR  ARCHIVES. 

RECORDS  AND  ARCHIVES  OF  THE  CITY  WHICH 
ARE  DEEMED  TO  HAVE  HISTORICAL  SIGNIFI- 
CANCE SHALL  BE  PLACED  IN  THE  CUSTODY  OF 
THE  DIRECTOR  OF  THE  DEPARTMENT  OF  LEGISLA- 
TIVE REFERENCE,  TO  THE  END  THAT  THEY  SHALL 
BE  PROPERLY  PRESERVED,  INDEXED,  AND  MADE 
AVAILABLE  FOR  REFERENCE  PURPOSE.  ANY  OF 
THESE  RECORDS  AND  ARCHIVES  OF  HISTORICAL 
SIGNIFICANCE  MAY  BE  LOANED  INTO  THE  CUS- 
TODY OF  THE  MUNICIPAL  MUSEUM  OF  THE  CITY 
OF  BALTIMORE  (ESTABLISHED  UNDER  THE  PRO- 
VISIONS OF  SECTION  2  OF  ARTICLE  18  OF  THIS 
CODE),  AT  THE  DISCRETION  OF  THE  DIRECTOR  OF 
THE  DEPARTMENT  OF  LEGISLATIVE  REFERENCE 
AND  UPON  THE  REQUEST  OF  THE  BOARD  OF 
TRUSTEES  OF  THE  MUSEUM,  WHERE  THEY  SHALL 
BE  PROPERLY  PRESERVED,  INDEXED  AND  MADE 
AVAILABLE  FOR  REFERENCE  PURPOSES. 

103.  Photographs  and  microphotographs. 

Any  executive  department,  as  provided  by  Article  I, 
Section  7(b)  of  the  City  Charter  (1964  Edition),  may  sub- 


ORDINANCES  1145 

sti'tute  photographs  or  microphotographs  for  any  of  its 
records,  provided  that  the  required  records  retention  sched- 
ule has  been  approved  and  that  such  photographs  or  micro- 
photographs  have  been  produced  in  a  manner  conforming 
to  standards  prescribed  by  the  City  Archivist  and  Records 
Management  Officer.  The  original  records  after  photo- 
graphing or  microphotographing  may  then  be  disposed  of 
without  regard  to  retention  periods  for  the  original  records. 

Sec.  2.  And  be  it  further  ordamed,  That  this  ordinance 
shall  take  effect  thirty  days  from  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  917 
(Council  No.  2012) 

An  Ordinance  to  add  new  Section  119  (2b)  to  Article  31  of 
the  Baltimore  City  Code  (1976  Edition),  title  "Transit 
and  Traffic",  subtitle  "Clear  Streets",  designating  both 
sides  of  Saratoga  Street  from  Greene  Street  to  Pine  Street 
as  an  impounding  area. 

Section  1.  Be  it  ordained  by  the  Mayor  and  City  Council 
of  Baltimore,  That  new  Section  119  (2b)  be  and  it  is  hereby 
added  to  Article  31  of  the  Baltimore  City  Code  (1976  Edi- 
tion), title  "Transit  and  Traffic",  subtitle  "Clear  Streets",  to 
read  as  follows: 

119. 

(2b)  Saratoga  Street,  both  sides,  from  Greene  Street 
to  Pine  Street 

Sec.  2.  And  be  it  further  ordained,  That  this  ordinance 
shall  take  effect  on  the  date  of  its  passage. 

Approved  December  6,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


1146  RESOLUTIONS  Res.  No.  7 

No.   7 
(Council  No.  1519) 

City  Council  Resolution  urging  the  Baltimore  Commission 
on  Aging  and  Retirement  Education  to  implement  CON- 
SIDER a  Mail  Alert  Program  for  Senior  Citizens  in 
Baltimore  City. 

Three  jurisdictions  in  the  nation,  one  of  which  is  Balti- 
more County,  have  instituted  a  program  called  Mail  Alert 
which  provides  a  free  guarantee  to  senior  citizens  that 
help  will  come  if  they  become  ill  or  suffer  an  injury  in 
their  home  and  are  unable  to  call  for  help.  The  program 
is  made  possible  by  the  cooperation  of  the  National  Asso- 
ciation of  Letter  Carriers  and  the  United  Postal  Services. 

Senior  citizens  in  a  given  postal  zone  are  invited  to  fill 
out  an  emergency  contract  form  stating  who  should  be 
contacted  in  case  of  emergency.  They  are  then  given  a 
small  Mail  Alert  emblem  which  is  placed  on  or  in  their 
mailboxes.  If  an  individual  does  not  collect  his  or  her  mail 
for  a  designated  period  of  time,  the  letter  carrier  contacts 
his  supervisor,  who  in  turn  calls  the  local  commission  on 
aging.  That  agency  then  summons  help.  If  a  senior  citizen 
will  be  away  from  home  between  mail  deliveries,  he  or  she 
covers  the  Alert  emblem  with  tape  to  signal  the  mail  carrier 
that  help  is  not  needed. 

It  is  a  program  which  will  bring  peace  of  mind  to  many 
of  our  older  citizens,  the  cost  is  low  and  experience  in  other 
areas  has  shown  that  it  does  work;  now,  therefore,  be  it 

Resolved  by  the  City  Council  of  Baltimore,  That  it  urges 
the  Baltimore  Commission  on  Aging  and  Retirement  Edu- 
cation to  implement  CONSIDER  a  Mail  Alert  program  for 
senior  citizens  in  Baltimore  City ;  and  be  it  further 

Resolved,  That  a  copy  of  this  Resolution  be  sent  to  the 
Commissioner. 

Approved  June  16,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


RESOLUTIONS  1147 

No.   8 
(Council  No.  1653) 

Resolution  of  the  Mayor  and  City  Council  of  Baltimore 
adopting  the  1977  revision  to  the  "Baltimore  City  Com- 
prehensive Water  and  Waste  Water  Plan,"  dated  1969. 

Whereas,  the  Mayor  and  City  Council  by  Resolution  7 
approved  December  30,  1969  in  compliance  to  the  Water 
and  Sewerage  Planning  Act  (Article  43,  Section  387c,  An- 
notated Code  of  Maryland,  1957  Edition,  1971  Replacement 
Volume),  did  adopt  a  Comprehensive  Water  and  Waste 
Water  Plan  for  Baltimore  City;  and 

Whereas,  such  Water  and  Sewerage  Planning  Act  re- 
quires an  annual  review  and  report  of  the  review  together 
with  any  amendments,  revisions  or  additions  thereto;  and 

Whereas,  the  Department  of  Public  Works  has  prepared 
amendments,  revisions,  and  additions  to  said  plan;  and 

Whereas,  said  Water  and  Sewerage  Planning  Act  re- 
quires the  governing  body  to  review  and  approve  any 
amendments,  revisions  or  additions,  thereto;  and 

Whereas,  the  public  hearing  as  required  by  Article  43, 
Section  387c,  (b)  (1)  (I)  has  been  held,  be  it  therefore 

Resolved  by  the  Mayor  <md  City  Council  of  Baltimore, 
That  the  Comprehensive  Water  and  Waste  Water  Plan  en- 
titled, ' 'Baltimore  City  Comprehensive  Water  and  Waste 
Water  Plan,"  dated  1969,  revised  May,  1978,  be  and  the 
same  is  hereby  approved  and  adopted. 

Approved  June  30,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  9 
(Council  No.  1454) 

Resolution  of  the  Mayor  and  City  Council  of  Baltimore 
proposing  to  add  a  new  Section  11  to  Article  VI  of  the 


1148  RESOLUTIONS  Res.  No.  9 

Charter  of  Baltimore  City  (1964  Revision  as  amended)  ; 
proposing  amendments  to  Section  2(i)  of  said  Article 
VI ;  and  proposing  an  amendment  to  Section  35  of  Arti- 
cle VII  of  the  Charter  of  Baltimore  City  (1964  Revision 
as  amended),  providing  £o£  accounting,  budgeting  a»4 
^a-te  making  for  water  and  sanitary  wastewater  utilities, 
and  making  these  utilities  financially  self-sustaining; 
and  providing  for  the  submission  of  the  proposed  amend- 
ments to  the  Charter  of  Baltimore  City  to  the  qualified 
voters  of  the  City  of  Baltimore  for  adoption  or  rejection. 

Section  1.  Be  it  resolved  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  new  Section  11  to  Article 
VI  of  the  Charter  of  Baltimore  City  (1964  Revision  as 
amended)  be  and  the  same  is  hereby  proposed  to  read  as 
follows : 

11.  BOARD  OF  ESTIMATES— Water  and  Sanitary 
Wasteivater  Utilities,  (a)  Water  and  Sanitary  Wastewater 
Utilities  shall  each  be  conducted  as  a  separate  enterprise, 
provided,  that  nothing  herein  shall  prevent  the  transfer  or 
assignment  of  employees  from  either  utility  to  the  other 
or  to  any  department,  board,  commission  and  agency  of  the 
City,  or  the  division  of  the  time  between  either  utility  or 
between  either  utility  and  any  department,  board,  com- 
mission and  agency  of  the  City.  EACH  OF  THE  UTILI- 
TIES SHALL  BE  FIX  AXCI  ALLY  SELF-SUSTAIXIXG 
AXD  SHALL  BE  OPERATED  WITHOUT  PROFIT  OR 
LOSS  TO  THE  OTHER  FUXDS  OR  PROGRAMS  OF  THE 
CITY. 

(b)  The  accounting  system  fo*  the  ivater  and  sanitary 
wastewater  utilities  shall  conform  to  generally  accepted 
principles  of  utility  accounting  and  shall  be  kept  on  the 
accrual  basis,  <znd  in  the  manner  prescribed  in  Article  ^-Ut 
Section  &  of  this  Charter ,  The  records  of  revenues  of  each 
smd  utility  shall  be  kept  so  thot  the  sales  made  to  each 
class  of  customer  according  to  the  *e4e  schedules  adopted 
by  the  Board  of  Estimates  fo*  each  utility  eon  be  deter- 
mined i  After  the  close  of  each  fiscal  year  there  shall  be 
submitted  to  the  Board  of  Estimates  and  Commissioners  of 
Finance  a  report  which  moy  be  submitted  os  o  separate 
section  of  the  statements  prescribed  under  Article  ¥IIj 


RESOLUTIONS  1149 

Section  &  of  this  Charter  as  to  the  operation  of  eaeh  said 
utility  containing  at  least  the  following  financial  state- 
ments: 4^-  *  comparative  balance  sheet  showing  the  finan- 
eial  condition  of  the  utility  as  of  the  beginning  and  close 
of  the  fiscal  year  and  an  analysis  of  the  retained  earnings 
account  showing  the  factors  of  change  in  the  account  as 
reflected  ay  the  comparative  balance  sheet;  ■(&}-  a  compara- 
tive income  statement  of  the  last  two  fiscal  years;  and  a 
comparative  detailed  analysis  of  operating  expense  far  the 
last  two  fiscal  years  according  ta  functional  groupings* 

■fa)-  Separate  budgets,  tvhich  shall  include  estimates  of 
revenue  and  expense  for  the  ensuing  fiscal  year,  shall  be 
prepared  for  the  water  and  sanitary  wastewater  utilities 
annually  at  the  time  of  and  in  the  manner  prescribed  in 
Section  2  of  this  Article  VI,  subject,  however,  to  this  sec- 
tion which  shall  also  control  the  action  of  the  Board  of 
Estimates  and  the  City  Council  thereon.  The  budget  esti- 
mates of  each  agency  of  the  City  shall  include  items  for 
water  and  sanitary  wastewater  to  be  used  by  them. 

After  the  budgets  of  the  water  and  sanitary  wastewater 
utilities  have  been  adopted^  should  it  appear  that  there  will 
be  revenues  in  excess  of  that  relied  upon  by  the  Board  of 
Estimates  pursuant  ta  this  subsection  additional  expendi- 
tures may-  be  authorized  by  the  Board  of  Estimates  from 
the  funds  of  each  said  utility  in  an  amount  not  exceeding 
such  excess,  ¥he  Board  of  Estimates  shall  report  ta  the 
Qity  Council  as  soon  as  practicable  any  such  additional 
expenditures  authorized  by  said  Board,  The  expenditure  of 
any  other  funds  of  the  water  or  sanitary  tvastewater  utility 
shall  be  authorized  only  when  an  additional  appropriation 
thereof  is  made  in  accordance  with  Section  £■  of  this 
Article  ¥-k 

4-d±  ¥he  Board  of  Estimates  on  the  recommendation  ai 
the  Director  of  Finance  and  the  Director  of  Public  Works 
shall  haae  the  power  ta  assess  and  establish  rates  for  ■£!-)■ 
sanitary  wastciuater  and  ■£&)-  for  the  supply  and  use  of 
water  for  any  purpose  and  at  any  point  in  or  outside  Balti- 
more City-,  either  by  meter,  fixed  charge  or  otherwise  in 
accordance  with  lawr  Said  Board  shall  also  have  the  power 
ta  provide  for  abatement  and  reduction  of  such  rates  or 
other  charges* 


1150  RESOLUTIONS  Res.  No.  9 

£&#  Director  of  Public  Works  to  recommend,  and  the  Board 
of  Estimates  to  establish  rates,  to  make  each  utility  finan- 
cially self-sustaining  at  all  times,  and  to  adjust  the  rates 
if  the  projected  profit  aud  loss  statement  far  the  current 
year  anticipates  a  loss  and  the  actual  results  for-  the  imme- 
diate prior  year  resulted  in  a  loss  or-  deficits  The  rates  so 
established  shell  be  at  a  level  sufficient  to  recover  any 
accumulated  loss  from  prior  years*  In  order  to  make  and 
assure  that  each  utility  is  financially  self-sustaining,  there 
shall  be  provision  fan  operating  and  maintenance  costs, 
depreciation  accruals-,  amortization  of  bonds  and  for-  rea- 
sonable accumulation  of  surplus* 

4Q  (C)  Nothing  contained  herein  shall  be  construed  to 
prevent  inter-fund  cash  borrowings  between  the  water  and 
sanitary  wastewater  utilities  to  meet  temporary  cash  re- 
quirements or  to  prevent  borrowings  by  such  utilities  from 
the  general  fund  or  any  other  fund  of  the  City,  if  otherwise 
in  accordance  with  law. 

■fg+  Charges  shall  be  imposed  not  only  for  domestic, 
commercial  and  industrial  users  of  the  services  of  the 
water  and  sanitary  wastewater  utilities  but  similar  charges 
shall  be  billed  against  the  City  and  each  Department, 
board,  commission  and  agency  thereof  and  eaeh  of  said 
utilities*  The  rates  to  be  eharged  the  City  and  its  depart- 
ments, boards,  commissions,  and  agencies,  as  above  pro- 
vided,  shall  be  the  same  as  those  charged  to  other  City 
custcmer&r  This  subsection  shall  not  apply  to  water  used 
for  fire  suppression* 

fh4-  Appropriations  may  be  made  with  the  approval  of 
the  Board  of  Estimates  from  the  funds  of  either  utility,  on 
the  recommendation  of  the  Director  of  Public  Works,  for 
necessary  renewing,  improving,  rebuilding  or-  extending 
the  plant  and  distribution  system  of  sueh  utility  inc hiding 
all  costs  related  thereto;  it  being  the  intent  of  this  provi- 
sion  to  limit  the  use  of  such  moneys  to  the  purposes  spe- 
cifically  mentioned  in  this  subsection,  and  otherwise  to 
prohibit  their  use  for  current  expenses  of  the  City*  The 
budgets  for  renewing,  improving  and  rebuilding,  or  ex- 
tending the  plant  and  distribution  system  for  each  utility 
shall  be  prepared  in  the  manner  prescribed  in  Article  VT, 


RESOLUTIONS  1151 

Section  £  of  this-  Charter,  subject,  however,  to  this  section 
ivhich  shall  also  control  the  action  of  the  Board  of  Esti- 

'YY\n  +  no   nit  A   i  h  n    Cifo  I  /°/->o/<v>  gml  +h  nvnrm 

II  WlLUl^U     ^^TU^u    vrPv     \y  VV  Vj      v/vwTTvvV     V  I  V\J  I     Ull  IVI 

4*)-  The  valuation  of  the  water  and  sanitary  waste- 
water  utilities  shall  be  the  valuation  existing  in  the  records 

of  the  City* 

■(-&■  ^he  City  shell  loan  to  eaeh  utility  an  amount 
equivalent  to  a  forty- five  day  cash  working  capital  require- 
ment and  this  lean  shall  be  repaid  ay  each  utility  an  or 
before  twenty- four  months  from  the  date  of  such  loony  with 
iiitcvGst  at  the  rate  of  six  ucrccnt  per  niimim. 

■(h)-  in  the  event  that  any  provision  in  this-  section  for 
the  wet  or  and  sanitary  wastewater  utilities  shall  be  incon- 
sistent with  any  covenants,  conditions,  enabling  laws  or 
any  regulations  promulgated  thereunder  governing  any 
contract,  project  or  grant  from  the  United  States  or  from 
the  State  or  funds  dedicated  by  an  aet  of  Congress  or-  by- 
State  law  or  by  the  terms  of  any  private  grant,  such  provi- 
sian  in  this  section  shall  be  applicable  only  to  the  extent 
that  it  is  not  inconsistent  with  any  sueh  covenants,  laws  or 
regulations  for  any  federal  or  State  contract,  project  or 
grant  or  with  the  terms  of  any  such  private  grants 

■(I)-  (D)  If  any  subsection  or  part  thereof  of  this  Section  11 
shall  be  held  invalid  by  a  court  of  competent  jurisdiction, 
such  holding  shall  not  affect  the  remainder  of  this  section 
nor  the  context  in  which  such  subsection  or  part  thereof 
so  held  invalid  may  appear,  except  to  the  extent  an  entire 
subsection  or  part  thereof  may  be  inseparably  connected 
in  meaning  and  effect  with  the  subsection  or  part  thereof 
to  which  such  holding  shall  directly  apply. 

(E)  THE  MAYOR  AND  CITY  COUNCIL  SHALL  BY 
JANUARY  1,  1979  ENACT  SUCH  ORDINANCE  OR  OR- 
DINANCES AS  MAY  BE  NECESSARY  OR  DESIRABLE 
TO  IMPLEMENT  THE  PROVISIONS  OF  THIS  SEC- 
TION 11  AND  MAY  AMEND  SUCH  ORDINANCES 
FROM  TIME  TO  TIME. 

Sec.  2.  And  be  it  further  resolved,  That  the  following 
amendments  to  Section  2(i)  of  Article  VI  of  the  Charter 
of  Baltimore  City  (1964  Revision  as  amended)  be  and  the 
same  are  hereby  proposed  to  read : 


1152  RESOLUTIONS  Res.  No.  9 

(i)  Following  the  passage  of  the  Ordinance  of  Esti- 
mates and  the  enactment  of  the  revenue  measures  necessary 
to  achieve  a  balance  between  expected  revenues  and  antici- 
pated expenditures  for  the  next  ensuing  fiscal  year,  the 
several  sums  contained  in  the  Ordinance  of  Estimates  shall, 
after  the  beginning  of  the  fiscal  year  to  which  it  is  appli- 
cable, be  and  become  appropriated  for  the  several  purposes 
therein  named.  Except  as  hereinafter  provided,  no  appro- 
priation provided  for  in  the  Ordinance  of  Estimates  shall 
be  diverted  or  used  for  any  purpose  other  than  that  named 
in  said  ordinance:  (1)  the  Board  of  Estimates  may,  upon 
the  application  of  the  head  of  any  municipal  agency,  in- 
crease the  amount  for  a  particular  program,  purpose,  activ- 
ity, or  project  or  introduce  an  amount  for  a  new  program, 
purpose,  activity  or  project  by  transferring  thereto 
amounts  already  appropriated  to  said  agency;  and  (2) 
upon  the  recommendation  of  the  Board  of  Estimates,  the 
City  Council  by  ordinance  may  authorize  the  transfer  of 
an  appropriation  contained  in  the  Ordinance  of  Estimates 
from  one  municipal  agency  to  another  municipal  agency; 
provided,  however,  that  new  or  different  amounts  for  capi- 
tal projects  from  those  stated  in  the  capital  budget  portion 
of  the  Ordinance  of  Estimates  shall  not  be  authorized  unless 
the  Board  of  Estimates  has  received  and  considered  the 
reports  and  recommendations  thereon  of  the  Planning 
Commission  and  the  Director  of  Finance. 

Upon  the  authorization  of  the  Board  of  Estimates  and 
under  procedures  established  by  the  Board,  the  Director  of 
Finance  shall  establish  an  expenditure  schedule,  applicable 
to  any  or  all  municipal  agencies  whenever,  in  the  opinion 
of  the  Board,  financial  conditions  warrant  such  budgetary 
allotments. 

Appropriations  contained  in  the  Ordinance  of  Estimates 
for  a  particular  program,  purpose,  activity,  or  project  may, 
upon  the  recommendation  of  the  head  of  the  municipal 
agency  concerned  and  the  Director  of  Finance  and  the 
approval  of  the  Board  of  Estimates,  be  carried  over  to 
fiscal  years  subsequent  to  the  one  for  which  the  appropria- 
tion is  initially  made  for  the  accomplishment  of  said  pro- 
gram, purpose,  activity,  or  project.  Funds  encumbered  for 
contracts,  projects  or  other  actual  commitments  and  funds 
dedicated  by  any  act  of  Congress  or  by  State  law  or  by  the 


RESOLUTIONS  1153 

terms  of  any  private  grant  to  some  specific  purpose  shall 
be  carried  over  to  the  next  ensuing  fiscal  year.  All  appro- 
priations not  so  carried  over  shall  lapse  at  the  end  of  the 
fiscal  year  from  which  made[.]  ,  except  that  any  balance 
remaining  in  the  fund  of  the  water  or  sanitary  wastewater 
utility  (under  Section  11  of  this  article)  at  the  end  of  the 
fiscal  year  shall  remain  to  the  credit  of  such  utility  and  an 
estimate  of  any  such  balance  shall  be  included  in  such 
utility's  budget  for  the  next  ensuing  year  as  an  estimated 
receipt. 

In  case  of  any  surplus  arising  in  any  fiscal  year  by  reason 
of  an  excess  of  revenue  over  the  expenditures  (including 
any  appropriation  carried  over)  for  such  year,  the  said 
surplus  shall  become  a  part  of  the  general  revenue  of  the 
City  and  shall  be  available  for  the  general  expenditures  of 
the  City  for  the  next  ensuing  fiscal  year,  in  accordance 
with  the  Ordinance  of  Estimates  for  that  year.  An  esti- 
mate of  such  surplus  shall  be  made  by  the  Board  of  Esti- 
mates and  included  in  expected  revenues  for  the  next 
ensuing  year.  However  any  surplus  or  retained  earnings  of 
the  water  or  sanitary  wastewater  utility  fund  (under  Sec- 
tion 11  of  this  article)  at  the  end  of  the  fiscal  year  shall 
remain  to  the  credit  of  such  utility  and  the  estimate  of  any 
such  balance  shall  be  included  in  such  utility's  budget  for 
the  next  ensuing  year  as  an  estimated  receipt. 

U  EXCEPT  FOR  THE  FUNDS  OF  THE  WATER  OR 
SANITARY  WASTEWATER  UTILITIES  IF  at  the 
end  of  any  fiscal  year  it  is  determined  that  there  is  any 
surplus  in  excess  of  the  amount  included  in  expected 
revenues  for  the  next  ensuing  fiscal  year  and  such  amount 
exceeds  1%  of  the  general  fund  operating  budget  adopted 
for  the  next  ensuing  fiscal  year  and  such  amount  does  not 
include  any  appropriation  carried  forward  from  the  prior 
fiscal  year,  the  excess  of  such  general  fund  surplus  over 
1%  of  the  operating  budget  shall  be  credited  to  an  account 
known  as  the  "Capital  Bond  Fund  Appropriation  Reduc- 
tion Account".  Funds  in  this  account  shall  be  allocated  and 
paid  by  order  of  the  Commissioners  of  Finance  for  the  pur- 
pose of  substituting  for  a  like  amount  of  general  obligation 
bond  funds  for  which  appropriations  have  been  previ- 
ously made  by  the  Mayor  and  City  Council;  to  the  extent 
that  funds  from  the   Capital   Bond   Fund   Appropriation 


1154  RESOLUTIONS  Res.  No.  9 

Reduction  Account  are  utilized,  the  authorized  amount  of 
general  obligation  bonds  shall  be  automatically  reduced. 
In  determining  the  application  of  such  funds  the  Commis- 
sioners of  Finance  shall  be  guided  by  the  conditions  of  the 
bond  market  and  the  financial  interests  of  the  City  of  Bal- 
timore. Funds  in  the  Capital  Bond  Fund  Appropriation 
Reduction  Account  not  utilized  in  the  first  year  in  which 
they  are  identified  shall  be  carried  forward  at  the  end  of 
the  fiscal  year  to  be  used  for  the  purpose  of  substituting 
for  general  obligation  bond  funds  at  the  earliest  practical 
time.  Such  funds  shall  be  utilized  only  for  the  purpose  for 
which  the  bond  funds  were  appropriated  and  may  not  be 
transferred  directly  or  indirectly  to  any  other  purpose. 
Surplus  funds  exceeding  the  amount  used  in  the  revenue 
estimates  for  the  succeeding  year  but  not  in  excess  of  1% 
of  the  current  general  fund  operating  budget  may  be  uti- 
lized by  the  Board  of  Estimates  to  reduce  the  tax  rate  re- 
quirements for  the  next  ensuing  fiscal  year  or  to  constitute 
a  source  of  funds  for  supplemental  appropriations  recom- 
mended to  the  City  Council  pursuant  to  the  provisions  of 
this  subsection. 

Sec.  3.  And  be  it  further  resolved,  That  the  following 
amendment  to  Section  35  of  Article  VII  of  the  Charter  of 
Baltimore  City  (1964  Revision  as  amended)  be  and  the 
same  is  hereby  proposed  to  read  as  follows : 

35.     DEPARTMENT    OF    PUBLIC    WORKS— Water 

Supply.  The  Department  shall  have  charge  of  the  water 
supply  of  the  City  and  of  all  the  properties,  reservoirs, 
streams,  pumping  and  nitration  stations,  pipes,  apparatus 
and  equipment  appurtenant  thereto  and  shall  exercise  all 
the  powers  and  perform  all  the  duties  connected  with  the 
operation  thereof  and  the  supplying  of  water  to  the  City. 
[The  Board  of  Estimates,  on  the  recommendation  of  the 
Director  of  Public  Works,  shall  have  the  power  to  assess 
and  establish  rates,  either  by  meter,  fixed  charge  or  other- 
wise, for  the  supply  and  use  of  water  for  any  purpose  and 
at  any  point  in  or  outside  Baltimore  City  and  said  Board 
shall  also  have  the  power  to  provide  for  the  abatement  of 
such  rates  or  charges.] 

Sec.  4.  And  be  it  further  resolved,  That  the  foregoing 
proposed  addition  of  a  new  Section  11  to  Article  VI,  and 


RESOLUTIONS  1155 

the  foregoing  proposed  amendments  to  Section  2(i)  of  said 
Article  VI  and  to  Section  35  of  Article  VII  of  the  Charter 
of  Baltimore  City  (1964  Revision  as  amended)  shall  be 
effective  July  1,  1979. 

Sec.  5.  And  be  it  further  resolved,  That  the  foregoing 
proposed  addition  of  a  new  Section  11  to  Article  VI,  and 
the  foregoing  proposed  amendments  to  Section  2(i)  of  said 
Article  VI  and  to  Section  35  of  Article  VII  of  the  Charter 
of  Baltimore  City  (1964  Revision  as  amended)  shall  be 
submitted  to  the  legally  qualified  voters  of  the  City  of  Balti- 
more at  the  general  election  to  be  held  on  Tuesday,  Novem- 
ber 7,  1978,  for  adoption  or  rejection  in  accordance  with 
the  provisions  of  Article  XI-A  of  the  Constitution  of 
Maryland  in  the  following  form : 

CHARTER  AMENDMENT 

PROVIDING  FOR  ACCOUNTING  BUDCETINC  AND 
RATE  MAKING  FOR  WATER  AND  SANITARY 
WASTEWATER  UTILITIES,  AND  MAKING  THESE 
UTILITIES  FINANCIALLY  SELF-SUSTAINING. 

FOR  CHARTER  AMENDMENT 

AGAINST  CHARTER  AMENDMENT 

Approved  July  10,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  10 
(Council  No.  1808) 

Resolution  of  the  Mayor  and  City  Council  of  Baltimore 
endorsing  the  concept  of  the  "208"  water  quality  man- 
agement program  embodied  in  the  preliminary  document 
"Draft  Water  Quality  Management  Plan  for  the  Balti- 
more Metropolitan  Region." 

Whereas,  pursuant  to  Section  208  of  the  Federal  Water 
Pollution  Control  Act  Amendments  of  1972,  P.L.  92-500 


1156  RESOLUTIONS  Res.  No.  10 

(hereinafter  called  "the  act"),  the  Administrator  of  the 
United  States  Environmental  Protection  Agency  has  by  reg- 
ulation published  guidelines  for  the  identification  of  those 
areas  which,  as  a  result  of  urban-industrial  concentrations 
of  other  factors,  have  substantial  water  quality  control 
problems  (40  CFR  Part  126) ;  and 

Whereas,  the  Baltimore  Metropolitan  Region  satisfies  the 
criteria  contained  in  the  Act  and  guidelines  and  designa- 
tion of  the  Region,  and  development  of  a  plan,  pursuant  to 
Section  208  of  those  guidelines  is  desirable ;  and 

Whereas,  Baltimore  City,  the  Counties  of  Anne  Arundel, 
Baltimore,  Carroll,  Harford,  and  Howard,  and  the  Regional 
Planning  Council  have  entered  into  a  Waste  Treatment 
Management  Planning  Compact  to  guide  the  development 
of  a  water  quality  management  plan ;  and 

Whereas,  the  parties  to  the  Compact  have  prepared  a 
"Draft  Water  Quality  Management  Plan  for  the  Baltimore 
Metropolitan  Region"  containing  specific  technical  analysis 
as  well  as  broad  management  concepts ;  and 

Whereas,  Baltimore  City  has  been  recommended  for 
designation  as  a  water  quality  management  agency  and 
recognizes  its  responsibilities  under  such  designation  and 
is  desirous  of  developing  a  final  plan  to  enable  continuation 
of  the  water  quality  management  program;  and 

Whereas,  the  Mayor  and  City  Council  of  Baltimore  re- 
serve the  right  to  formally  adopt  the  plan  subsequent  to 
adequate  technical  review  and  revision,  be  it  therefore 

Resolved  by  the  Mayor  and  City  Council  of  Baltimore, 
That  the  water  quality  management  concepts  embodied  in 
the  "Draft  Water  Quality  Management  Plan  for  the  Balti- 
more Metropolitan  Region"  are  endorsed  effective  this  date. 

It  is  further  resolved,  That  the  Mayor  and  City  Council 
of  Baltimore  intend  to  join  with  other  parties  to  the  Com- 
pact, upon  the  development  of  an  adequate  final  plan,  to 
accept  and  implement  said  final  plan. 

Approved  July  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


RESOLUTIONS  1157 

No.  11 
(Council  No.  1748) 

A  Resolution  of  the  Mayor  and  City  Council  of  Baltimore 
proposing  to  add  a  new  Section  11  to  Article  I  of  the 
Charter  of  Baltimore  City  (1964  Revision,  as  amended), 
title  "General  Provisions,,  under  the  new  sub-heading 
"Inner  Harbor  Park"  dedicating  a  certain  area  around 
the  Inner  Harbor  to  public  park  uses  and  setting  aside 
limited  areas  therein  to  be  used  for  eating  places  and 
other  commercial  uses  and  for  the  Maryland  Science 
Center,  and  relating  generally  thereto ;  and  providing  for 
the  submission  of  the  proposed  amendment  of  the  Char- 
ter of  Baltimore  City  to  the  qualified  voters  of  the  City 
of  Baltimore  for  adoption  or  rejection. 

Section  1.  Be  it  resolved  by  the  Mayor  and  City  Council 
of  Baltimore,  That  a  new  Section  11,  title  "Inner  Harbor 
Park"  be  added  to  Article  I,  "General  Provisions"  of  the 
Charter  of  Baltimore  City  (1964  Revision,  as  amended)  to 
read  as  follows : 

Section  11.    Inner  Harbor  Park. 

There  is  hereby  dedicated  to  public  park  uses  for  the 
benefit  of  this  and  future  generations  of  the  City  of  Bal- 
timore and  the  State  of  Maryland  the  portion  of  the  City 
that  lies  along  the  north,  west  and  south  shores  of  the 
Inner  Harbor,  south  of  Pratt  Street  to  the  water's  edge, 
east  of  Light  Street  to  the  water's  edge  and  north  of  Key 
Highway  to  the  water's  edge,  from  the  World  Trade  Center 
around  the  shoreline  of  the  Inner  Harbor  to  and  including 
Rash  Field,  except  that,  in  order  to  provide  eating  places 
and  other  commercial  uses,  areas  totalling  not  more  than 
3.2  acres  plus  access  thereto,  within  the  dedicated  space 
and  north  of  an  easterly  extension  of  the  south  side  of 
Conway  Street  shall  be  set  aside  for  such  purposes;  and 
except  that  an  area  of  not  more  than  3.J+  acres  shall  be  set 
aside  for  use  by  the  Maryland  Science  Center,  plus  access 
thereto. 

Sec.  2.  And  be  it  further  resolved,  That  the  proposed 
addition  of  a  new  Section  11  to  Article  I  of  the  Charter  of 


1158  RESOLUTIONS  Res.  No.  12 

Baltimore  City  (1964  Revision,  as  amended)  shall  be  sub- 
mitted to  the  legally  qualified  voters  of  the  City  of  Balti- 
more at  the  general  election  to  be  held  on  Tuesday,  No- 
vember 7,  1978,  for  adoption  or  rejection  in  accordance 
with  the  provisions  of  Article  XI-A  of  the  Constitution  of 
Maryland  in  the  following  form : 

CHARTER  AMENDMENT 

Dedicating  certain  areas  around  the  Inner  Harbor  to 
public  park  uses  and  setting  aside  limited  areas  therein 
to  be  used  for  eating  places  and  other  commercial  uses 
and  for  the  Maryland  Science  Center. 

FOR  CHARTER  AMENDMENT 

AGAINST  CHARTER  AMENDMENT 

Approved  July  19,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  12 
(Council  No.  1779) 

Resolution  of  the  Mayor  and  City  Council  of  Baltimore 
proposing  amendments  to  Subsection  (b)  of  Section  15 
of  Article  VII  of  the  Charter  of  Baltimore  City  (1964 
Revision,  as  amended),  title  "Executive  Departments", 
subtitle  "Department  of  the  Treasurer";  clarifying  the 
duties  of  the  Treasurer  as  custodian  of  all  moneys  and 
securities  belonging  to  the  City  including  the  actuarial 
retirement  systems;  authorizing  the  Treasurer,  in  dis- 
charging his  duties  as  custodian  of  the  moneys  and  se- 
curities of  the  actuarial  retirement  systems  of  the  City, 
to  enter  into  contracts  with  banks  or  trust  companies, 
for  such  banks  or  trust  companies  to  be  custodian  of 
cash  and  securities  of  the  retirement  systems,  with  the 
approval  of  the  Board  of  Estimates;  providing  that  the 
Treasurer  shall  have  no  personal  liability  for  the  per- 
formance,   lack    of    performance,    misfeasance    or   mal- 


RESOLUTIONS  1159 

feasance  of  a  bank  or  trust  company  so  selected;  and 
providing  for  the  submission  of  the  proposed  amendments 
to  the  Charter  of  Baltimore  City  to  the  qualified  voters 
of  the  City  of  Baltimore  for  adoption  or  rejection. 

Section  1.  Be  it  resolved  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendments  to  Subsection 
(b)  of  Section  15  of  Article  VII  of  the  Charter  of  Balti- 
more City  (1964  Revision,  as  amended)  be  and  the  same 
are  hereby  proposed  to  read  as  follows : 

15.     Department  of  the  Treasurer. 

(b)  The  Treasurer  shall  be  the  registrar  of  the  public 
debt  and  the  custodian  of  all  moneys  and  securities  be- 
longing to  the  City  including  the  actuaHal  retirement  sys- 
tems and  shall  provide  for  the  safe-keeping  and  transfer  of 
stocks,  bonds  and  securities  owned  or  held  by  the  City  or 
any  agency  thereof  [J,  provided,  however,  that  the  desig- 
nation of  depository  institutions  shall  be  as  set  forth  in 
Section  16(c)  of  Article  VII  of  this  Charter.  In  discharging 
his  duties  as  custodian  of  the  moneys  and  securities  of  the 
actuarial  retirement  systems  of  the  City,  the  Treasurer 
may,  in  the  manner  determined  by  and  with  the  approval  of 
the  Board  of  Estimates,  enter  into  a  contract  or  contracts 
with  banks  or  trust  companies  having  authority  unoler  their 
charter  to  perform  custodial  services,  for  such  banks  or 
trust  companies  to  be  custodian  of  cash  and  securities  of 
the  retirement  systems,  and  the  Treasurer  shall  have  no 
personal  liability  for  the  performance,  lack  of  performance, 
misfeasance  or  malfeasance  of  a  bank  or  trust  company  so 
selected,.  The  Treasurer  shall  serve  as  President  of  the 
Board  of  Finance  and  shall  perform  such  duties  relating  to 
the  stocks,  bonds,  and  other  evidences  of  indebtedness  or 
securities  issued  by  the  City  as  may  be  directed  by  said 
Board.  In  exercising  his  powers  as  the  custodian  of  the 
moneys  of  the  City,  the  Treasurer  may  advance  funds  in  his 
custody  for  the  discharge  of  obligations  incurred  in  con- 
nection with  projects  for  which  bond  issues  of  the  City  have 
been  approved  and  moneys  therefor  appropriated,  prior  to 
the  issuance  of  such  bonds ;  provided  that  repayment  of  any 
such  advance  shall  be  made  out  of  the  Proceeds  of  sale  of 
the  bond  issue  concerned. 


1160  RESOLUTIONS  Res.  No.  13 

Sec.  2.  And  be  it  further  resolved,  That  the  foregoing 
proposed  amendments  to  Subsection  (b)  of  Section  15  of 
Article  VII  of  the  Charter  of  Baltimore  City  (1964  Re- 
vision, as  amended)  shall  be  submitted  to  the  legally  quali- 
fied voters  of  the  City  of  Baltimore  at  the  General  Election 
to  be  held  on  Tuesday,  November  7,  1978,  for  adoption  or 
rejection  in  accordance  with  the  provisions  of  Article  Xl-A 
of  the  Constitution  of  Maryland  in  the  following  form : 

CHARTER  AMENDMENT 

Providing  clarification  of  the  duties  of  the  Treasurer  as 
custodian  of  all  moneys  and  securities  belonging  to  the 
City,  including  the  actuarial  retirement  systems ;  author- 
izing the  Treasurer  to  enter  into  contracts  with  banks  or 
trust  companies,  for  such  banks  or  trust  companies  to  be 
custodian  of  cash  and  securities  of  the  retirement  systems ; 
and  relieving  the  Treasurer  from  personal  liability  for  the 
performance,  lack  of  performance,  misfeasance  or  mal- 
feasance of  such  banks  or  trust  companies. 

FOR  CHARTER  AMENDMENT 

AGAINST  CHARTER  AMENDMENT 

Approved  July  18,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


No.  13 
(Council  No.  1761) 

Resolution  of  the  Mayor  and  City  Council  of  Baltimore 
proposing  amendments  to  Section  3  of  Article  I  of  the 
Charter  of  Baltimore  City  (1964  Revision,  as  amended), 
title  "General  Provisions";  Section  2(d)  (2)  of  Article  VI 
of  said  Charter,  title  "Board  of  Estimates";  and  Sections 
4,  9(a),  15  and  16  of  Article  VII  of  said  Charter,  title 
"Executive  Departments";  changing  the  designation  of 
the  Commissioners  of  Finance  to  the  Board  of  Finance; 
authorizing    the    Diroctor    of    Finance    PERMITTING 


RESOLUTIONS  1161 

THE  DIRECTOR  OF  FINANCE,  WITH  THE  AP- 
PROVAL OF  THE  MAYOR,  to  appoint  a  Deputy  Di- 
rector of  Finance  who  shall  be  the  Acting  Director 
of  Finance  whenever  there  is  a  vacancy  in  the  office 
of  Director  of  Finance  or  whenever  the  Director  of 
Finance  shall  be  incapacitated  or  otherwise  unavailable 
for  duty  for  any  cause;  PROVIDING  FOR  THE  MAN- 
NER AND  TERM  OF  APPOINTMENT  OF  THE  DEP- 
UTY DIRECTOR  OF  FINANCE;  authorizing  the  Di- 
rector of  Finance  or  the  Deputy  Director  of  Finance  to 
sign  checks  of  the  City;  eliminating  the  Department  of 
the  Treasurer  and  placing  its  functions  under  the  De- 
partment of  Finance;  replacing  the  Treasurer  with  the 
Mayor  as  President  of  the  Board  of  Finance  and  clarify- 
ing the  title  of  that  body;  providing  that  the  Director  of 
Financo  shall  be  a  member  of  the  Board  of  Finanoo 
BOARD  OF  FINANCE  SHALL  BE  COMPOSED  OF 
THE  MAYOR,  COMPTROLLER,  AND  THREE  PER- 
SONS APPOINTED  BY  THE  MAYOR;  authorizing  the 
Board  of  Finance  to  designate  a  clerk  to  the  Board  of 
Finance  who  shall  keep  its  accounts  and  a  record  of  its 
proceedings;  and  providing  for  the  submission  of  the 
proposed  amendments  to  the  Charter  of  Baltimore  City 
to  tiie  qualified  voters  of  the  City  of  Baltimore  for  adop- 
tion or  rejection. 

Section  1.  Be  it  resolved  by  the  Mayor  and  City  Council 
of  Baltimore,  That  the  following  amendment  to  Section  3  of 
Article  I  of  the  Charter  of  Baltimore  City  (1964  Revision, 
as  amended)  be  and  the  same  is  hereby  proposed  to  read 
as  follows: 

3.  PROPERTY  RIGHTS;  TRUSTS.  All  the  property 
and  franchises  of  every  kind  belonging  to,  in  the  possession 
of,  or  hereafter  acquired  by  the  City  are  vested  in  it  and 
it  may  dispose  of  any  property  belonging  to  it  in  the 
manner  and  upon  the  terms  provided  in  the  Charter.  The 
City  may  receive  in  trust,  and  may  control  for  the  pur- 
poses of  such  trust,  all  moneys  and  assets  which  may  have 
been  or  shall  be  bestowed  upon  it  by  will,  deed  or  any 
other  form  of  gift  or  conveyance  in  trust  for  any  corporate 
purpose,  or  in  aid  of  the  indigent  poor,  or  for  the  general 
purposes  of  education  or  for  charitable  purposes  of  any 


1162  RESOLUTIONS  Res.  No.  13 

description.  All  such  trust  funds  now  held  or  subsequently 
received  shall  be  administered  with  respect  to  investment 
and  reinvestment,  subject  to  any  limitations  in  the  trust, 
by  the  [Commissioners]  Board  of  Finance.  The  City  may 
also  accept  grants  for  its  corporate  purposes  from  any 
government,  governmental  agency  or  person. 

Sec.  2.  And  be  it  further  resolved,  That  the  following 
amendments  to  Section  2(d)  (2)  of  Article  VI  of  the  Char- 
ter of  Baltimore  City  (1964  Revision,  as  amended)  be  and 
the  same  are  hereby  proposed  to  read  as  follows: 

(2)  The  Planning  Commission,  under  procedures  and 
schedules  established  by  the  Board,  shall  submit  for  the 
consideration  of  the  Board  of  Estimates  a  recommended 
capital  budget  for  inclusion  in  the  proposed  ordinance  of 
estimates,  a  recommended  long  range  capital  improvement 
program,  and  a  report  on  said  capital  budget  and  program, 
all  of  which  shall  be  made  public.  Said  recommended  capi- 
tal budget  and  program  of  the  Planning  Commission  shall 
be  referred  by  the  Board  to  the  Director  of  Finance  and 
the  [Commissioners]  Board  of  Finance  for  report  and  rec- 
ommendations. After  receiving  and  considering  all  of  said 
reports  and  recommendations,  the  Board  of  Estimates  shall 
adopt  such  capital  budget  and  long  range  capital  improve- 
ment program  as  it  deems  appropriate.  The  capital  budget 
finally  adopted  by  the  Board  shall  be  the  capital  budget 
portion  of  the  proposed  ordinance  of  estimates  for  the  next 
ensuing  fiscal  year  and  shall  embrace  the  projects  planned 
for  the  first  year  of  the  long  range  capital  improvement 
program  finally  adopted  by  the  Board.  However,  no  capital 
project  shall  be  included  in  the  capital  budget  portion  of 
the  proposed  ordinance  of  estimates  submitted  by  the 
Board  of  Estimates  to  the  City  Council  unless  the  Board 
has  received  and  considered  the  reports  and  recommenda- 
tions of  the  Planning  Commission,  the  Director  of  Finance, 
and  the  [Commissioners]  Board  of  Finance  with  regard  to 
such  capital  project.  The  Board  of  Estimates  may  establish 
additional  procedures  for  the  development  of  a  long  range 
capital  improvement  program  and  a  capital  budget.  All 
municipal  agencies  shall,  under  procedures  established  by 
the  Board  of  Estimates,  cooperate  with  the  Planning  Com- 


RESOLUTIONS  1163 

mission   in   the  preparation  of  the   recommended   capital 
budget  and  long  range  capital  improvement  program. 

Sec.  3.  And  be  it  further  resolved,  That  the  following 
amendments  to  Sections  4,  9(a),  15  and  16  of  Article  VII 
of  the  Charter  of  Baltimore  City  (1964  Revision,  as 
amended)  be  and  the  same  are  hereby  proposed  to  read  as 
follows : 

DEPARTMENT  OF  FINANCE 

4.  DEPARTMENT  OF  FINANCE— Organization.  There 
shall  be  a  Department  of  Finance  the  head  of  which  shall 
be  the  Director  of  Finance.  He  shall  be  appointed  by  the 
Mayor  in  accordance  with  the  provisions  of  the  Charter 
relating  to  the  Classified  Civil  Service  except  that  he  shall 
also  be  confirmed  by  the  City  Council  in  the  manner  pre- 
scribed by  Section  6  of  Article  IV.  Following  such  confirma- 
tion, the  Director  of  Finance  shall  hold  office  in  accordance 
with  the  provisions  of  the  Charter  relating  to  the  Classified 
Civil  Service.  He  fshall  appoint  such  assistants  and  em- 
ployees as  may  be  provided  for  in  the  Ordinance  of  Esti- 
mates and3  shall  perform  the  duties  and  exercise  the  pow- 
ers which  are  herein  or  may  hereafter  be  imposed  or 
conferred  upon  the  Department  of  Finance. 

The  Director  of  Finance  shall  appoint >  ie  aid  him  in  the 
discharge  o4  his  duties^  a  Deputy  Director  &f  Financo  and 
such  assistants  and  employees  as-  may-  be  provided  fop  in 
the  Ordinance  of  Estimates,  ,  WITH  THE  APPROVAL  OF 
THE  MAYOR,  MAY  APPOINT  A  DEPUTY  DIRECTOR 
OF  FINANCE.  THE  APPOINTMENT  OF  THE  DEP- 
PUTY  DIRECTOR  OF  FINANCE  SHALL  BE  FOR  THE 
DURATION  OF  THE  MAYORAL  TERM  AND  SHALL 
BE  SUBJECT  TO  CONFIRMATION  BY  THE  CITY 
COUNCIL  IN  THE  MANNER  PRESCRIBED  BY 
SECTION  6  OF  ARTICLE  IV.  Whenever  a  vacancy 
shall  occur  in  the  office  of  Director  of  Finance,  or  when- 
ever the  Director  of  Finance  shall  be  incapacitated  or 
otherwise  unavailable  for  duty  for  any  cause,  the  Deputy 
Director  of  Finance  shall  be  the  acting  Director  of  Finance 
and  shall  exercise  all  the  powers  and  perform  all  the  duties 
of  the  Director  of  Finance.  THE  APPOINTMENT  OF  A 
MEMBER  OF  THE  CLASSIFIED  CIVIL  SERVICE  AS 


1164  RESOLUTIONS  Res.  No.  13 

THE  DEPUTY  DIRECTOR  OF  FINANCE  PURSUANT 
TO  THIS  SECTION  SHALL  NOT  DEPRIVE  THE  AP- 
POINTEE OF  ANY  RIGHTS  OR  BENEFITS  OF  THE 
CLASSIFIED  CIVIL  SERVICE,  NOR  SHALL  IT  CON- 
FER UPON  THE  APPOINTEE  ANY  AUTHORITY  TO 
EXERCISE  POWERS  OR  PERFORM  DUTIES  AS  ACT- 
ING DIRECTOR  OF  FINANCE  BEYOND  THE  TERM 
OF  APPOINTMENT  AS  PROVIDED  FOR  IN  THIS 
SECTION. 

9.  Department  of  Finance — Taxes,  Receipts,  Checks, 
(a)  The  Director  of  Finance  shall  receive,  collect  and  ac- 
count for  all  moneys  due  the  City  from  any  course  whatso- 
ever. All  such  funds  shall  [either  be  turned  over  to  the  City 
Treasurer  to  be  deposited  by  him  or  shall]  be  deposited  by 
the  Director  of  Finance  [under  the  direction  of  the  City 
Treasurer]  in  such  depositories  as  are  selected  by  the  [Com- 
missioners] Board  of  Finance.  Withdrawals  therefrom  shall 
be  made  only  as  provided  by  Section  7  of  this  Article  VII. 
All  checks  of  the  City  shall,  unless  otherwise  provided  by 
ordinance,  be  signed  by  the  [Treasurer  of  Deputy  Treas- 
urer] Director  of  Finance  or  Deputy  Director  of  Fimance, 
and  counter-signed  either  by  the  Mayor  or  Acting  Mayor 
[or  by  the  Director  of  Finance]  except  payroll,  pension,  and 
similar  checks,  which  shall  bear  the  signatures  of  the  Di- 
rector of  Finance  or  Deputy  Director  of  Finance  and  of  a 
person  in  the  Department  of  Finance  designated  by  the 
Director  to  sign  as  Disbursing  Officer;  such  designation 
shall  be  made  in  writing  by  the  Director  of  Finance  and 
filed  with  all  banks  on  which  such  checks  are  drawn.  Any 
signature  on  checks  of  the  City  may  be  manual  or  facsimile 
[,  except  those  of  the  Mayor  or  Acting  Mayor]. 

[DEPARTMENT  OF  THE  TREASURER] 

15.  [Department  of  the  Treasurer — Organization  Pow- 
ers and  duties.]  Department  of  Finance — Registrar  of  the 
Public  Debt,  [(a)  There  shall  be  a  Department  of  the 
Treasurer,  the  head  of  which  shall  be  the  Treasurer  who 
shall  be  appointed  by  the  Mayor  in  the  manner  prescribed 
by  Section  6  of  Article  IV  and  shall  hold  his  office  as  therein 
provided.  The  Treasurer  shall  appoint  a  Deputy  Treasurer 
and  such  assistants  and  employees  as  may  be  provided  for 
in   the  Ordinance  of  Estimates.   During  any  sickness  or 


RESOLUTIONS  1165 

other   temporary   absence  of   the   Treasurer,   the   Deputy 
Treasurer  shall  perform  the  duties  of  the  Treasurer.] 

[(b)]  (a)  The  [Treasurer]  Director  of  Finance  shall  be 
the  registrar  of  the  public  debt  and  responsible  for  all 
moneys  and  securities  belonging  to  the  City  including  the 
actuarial  retirement  systems  and  shall  provide  for  the  safe- 
keeping and  transfer  of  stocks,  bonds  and  securities  owned 
or  held  by  the  City  or  any  agency  thereof,  provided,  how- 
ever, that  the  designation  of  depository  institutions  shall  be 
as  set  forth  in  Section  16(c)  of  Article  VII  of  this  Charter. 
In  discharging  his  duties  as  custodian  of  the  moneys  and 
securities  of  the  actuarial  retirement  systems  of  the  City, 
the  Director  of  Finance  may,  in  the  manner  determined  by 
and  with  the  approval  of  the  Board  of  Estimates,  enter  into 
a  contract  or  contrxLcts  with  a  bank  or  trust  companies 
having  authority  under  their  charter  to  perform  custodial 
services,  for  such  bank  or  trust  companies  to  be  custodian 
of  cash  and  securities  of  the  retirement  systems,  and  the 
Director  of  Finance  shall  have  no  personal  liability  for  the 
performance,  lack  of  performance,  misfeasance  or  mal- 
feasance of  a  bank  or  trust  company  so  selected.  The  [Treas- 
urer] Director  of  Finance  [shall  serve  as  President  of  the 
Board  of  Finance  and]  shall  perform  such  duties  relating 
to  the  stocks,  bonds,  and  other  evidences  of  indebtedness  or 
securities  issued  by  the  City  as  may  be  directed  by  [said 
Board]  the  Board  of  Finance.  In  exercising  his  powers  as 
the  custodian  of  the  moneys  of  the  City,  the  [Treasurer] 
Director  of  Finance  may  advance  funds  in  his  custody  for 
the  discharge  of  obligations  incurred  in  connection  with 
projects  for  which  bond  issues  of  the  City  have  been  ap- 
proved and  moneys  therefor  appropriated,  prior  to  the  is- 
suance of  such  bonds ;  provided  that  repayment  of  any  such 
advance  shall  be  made  out  of  the  proceeds  of  sale  of  the 
bond  issue  concerned. 

[(c)]  (b)  The  [Treasurer]  Director  of  Finance  or  his 
delegate,  designated  in  writing  by  the  Director  of  Finance, 
shall  have  charge  of  the  corporate  seal  of  the  City  and  shall 
use  it  in  all  cases  where  the  use  of  the  seal  is  required  by 
Federal  or  State  laws,  ordinances,  or  the  uses  and  customs 
of  Nations,  and  shall  charge  such  fee  as  may  be  fixed  from 
time  to  time  by  the  Board  of  Estimates  for  each  impression 


1166  RESOLUTIONS  Res.  No.  13 

of  the  seal  except  such  as  shall  be  affixed  to  or  impressed 
upon  documents  for  the  City. 

[COMMISSIONERS]  BOARD  OF  FINANCE 

16.  [Commissioners]  Board  of  Finance — Organization, 
Powers,  and  Duties,  (a)  There  shall  be  a  Board  of  Finance 
[to  be  known  as  the  Commissioners  of  Finance]  composed 
of  the  Mayor,  Comptroller,  [Treasurer]  Director  of  F4- 
nance}  and  two  THREE  persons  appointed  by  the  Mayor 
in  the  manner  prescribed  in  Section  6  of  Article  IV,  who 
shall  hold  their  offices  as  therein  provided  and  shall  serve 
without  compensation.  City  officials  serving  on  said  Board 
shall  not  receive  any  additional  salary  for  such  member- 
ship. From  and  after  the  applicable  effective  date  under 
Article  IX,  the  [Treasurer]  Mayor  shall  serve  as  the  Presi- 
dent of  the  Board.  The  [Deputy  Treasurer]  Board  of  Fi- 
nance shall  [act  as]  designate  a  clerk  to  the  Board  of 
Finance  [and]  who  shall  keep  its  accounts  and  a  record  of 
its  proceedings. 

(b)  The  [Commissioners]  Board  of  Finance,  as  au- 
thorized by  ordinance  and  other  applicable  law,  shall  issue 
and  sell  certificates  of  indebtedness  of  the  City  and  shall 
determine  all  matters  pertaining  to  the  issuance  and  sale 
of  said  certificates  of  indebtedness.  Unless  otherwise  pro- 
vided by  ordinance,  the  Mayor  or  Acting  Mayor  and  the 
[Treasurer]  Director  of  Finance  or  Deputy  [Treasurer] 
Director  of  Finance  shall  sign  all  certificates  or  other  evi- 
dences of  indebtedness  of  the  City. 

(c)  The  Board,  from  the  institutions  chartered  by  the 
United  States  or  by  the  State  of  Maryland,  having  authority 
under  their  charters  to  receive  and  hold  money  on  deposit, 
shall  select,  from  time  to  time,  such  depository  or  deposi- 
tories for  the  funds  of  the  City  as  it  may  deem  proper  and 
may  designate,  from  time  to  time,  such  of  said  institutions 
as  it  may  deem  proper  at  which  taxes  and  charges  may  be 
paid  and  receipts  therefor  on  behalf  of  the  Department  of 
Finance  may  be  given;  and  the  Board  shall  fix,  from  time 
to  time,  the  nature,  amount,  and  the  proper  custodian  of 
the  security  to  be  given  by  any  such  institution  for  the 
faithful  performance  of  its  obligations  with  respect  to  such 
deposits  or  collections. 


RESOLUTIONS  1167 

(d)  No  temporary  loan  shall  be  made  by  the  City  ex- 
cept upon  the  authorization  of  the  Board,  not  inconsistent 
with  the  Charter.  Upon  the  authorization  of  any  such  loan 
the  Board  is  empowered  to  authorize  the  issue  of  negotiable, 
or  non-negotiable,  obligations  of  the  City,  including  promis- 
sory notes.  The  Board  shall  have  charge,  control  and  cus- 
tody of  all  sinking  funds  of  the  City,  and  shall  perform 
such  other  duties  as  shall  be  prescribed  by  the  Charter  or 
by  ordinance. 

Sec.  4.  And  be  it  further  resolved,  That  the  foregoing 
proposed  amendments  to  Section  3  of  Article  I  of  the 
Charter  of  Baltimore  City  (1964  Revision,  as  amended)  ; 
Section  2(d)  (2)  of  Article  VI  of  said  Charter;  and  Sec- 
tions 4,  9  (a) ,  15  and  16  of  Article  VII  of  said  Charter  shall 
be  submitted  to  the  legally  qualified  voters  of  the  City  of 
Baltimore  at  the  general  election  to  be  held  on  Tuesday, 
November  7,  1978,  for  adoption  or  rejection  in  accordance 
with  the  provisions  of  Article  XI-A  of  the  Constitution  of 
Maryland  in  the  following  form : 

CHARTER  AMENDMENT 

Providing  for  certain  changes  in  the  Department  of 
Finance  of  Baltimore  City ;  eliminating  the  Department  of 
the  Treasurer  of  Baltimore  City  and  placing  its  functions 
under  the  Department  of  Finance ;  changing  the  designation 
of  the  Commissioners  of  Finance  to  the  Board  of  Finance ; 
and  making  certain  changes  in  the  composition  of  the 
Board  of  Finance. 

FOR  CHARTER  AMENDMENT 

AGAINST  CHARTER  AMENDMENT 

Approved  August  14,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


1168  RESOLUTIONS  Res.  No.  14 

No.   14 

(Council  No.  1892) 

City   Council   Resolution  to  ratify  the  Baltimore  Region 
1979  Transportation  Control  Plan. 

Whereas,  the  Clean  Air  Act,  as  amended  by  the  Clean 
Air  Act  Amendments  of  1977,  P.L.  95-95,  (hereinafter 
called  the  "Act"),  requires  that  in  certain  areas  which  do 
not  meet  national  ambient  air  quality  standards  (non-attain- 
ment areas),  a  revised  transportation  control  element  of  the 
implementation  plan  must  be  prepared  and  the  dead- 
line for  attaining  national  standards  can  be  extended  to 
1982,  or  in  certain  circumstances  1987;  and 

Whereas,  the  Baltimore  Region  is  such  a  non-attainment 
area  because  of  excessive  levels  of  photochemical  oxidants 
and  carbon  monoxide  and,  therefore,  is  eligible  to  develop  a 
revised  transportation  control  element  of  the  implementa- 
tion plan  and  obtain  the  extension  date  for  compliance  with 
national  standards;  and 

Whereas,  the  Regional  Planning  Council  has  been  desig- 
nated by  the  Governor  to  prepare  the  Region's  Transpor- 
tation Control  Plan  in  cooperation  with  State  Departments 
and  local  jurisdictions;  and 

Whereas,  the  intergovernmental  requirements  and  pro- 
cedures for  Plan  approval  are  set  forth  in  Sections  3.01  and 
3.02  of  the  Resolution  and  Prospectus  for  Areawide  Air 
Quality  Planning  where  Baltimore  City  has  the  right  to  first 
review  and  ratify  the  Plan  before  it  is  certified  by  the 
Transportation  Steering  Committee;  and 

Whereas,  the  affected  general  purpose  units  of  local 
government,  of  which  Baltimore  City  is  one,  having  re- 
viewed the  Plan,  setting  forth  the  representation,  rights 
and  obligations  of  the  participating  units  of  local  govern- 
ment and  the  manner  in  which  the  planning  requirements 
are  to  be  accomplished,  now  therefore,  be  it 

Resolved  by  the  Mayor  and  City  Council  of  Baltimore, 
That  Baltimore  City  adopts  EXCEPT  FOR  THE  ON- 
STREET  PARKING  RESTRICTIONS  AS  THEY  APPLY 
TO  BALTIMORE  CITY  the  Resolution  to  Ratify  the  Bal- 


RESOLUTIONS  1169 

timore  Region's  1979  Transportation  Control  Plan  as 
drafted  AUGUST  31,  1978  and  does  furthermore  approve 
and  authorize  the  signing  of  the  Plan  on  behalf  of  Balti- 
more City. 

Approved  October  16,  1978. 

WILLIAM  DONALD  SCHAEFER,  Mayor. 


INDEX  1171 

INDEX 

A 

Ord.  Page 
Aging  and  Retirement  Education,  Commission  on 

Mail  Alert  Program  for  Senior  Citizens Res.  7  1146 

Appropriations,  Supplemental — 
Aging  and  Retirement  Education, 

Commission  on 662  113 

City  Council   629  67 

741  516 

798  718 
City  Council  Office  of  Financial  Review 742  517 

630  68 

Civic  Center  Commission 624  61 

737  510 
Civil  Service  Commission 625  62 

738  512 
Community  College  of  Baltimore 626  63 

739  513 

799  719 
Community  Relations  Commission 623  59 

627  64 

Comptroller,  Dept.  of 628  66 

740  514 
813  775 

Disaster  Control  and  Civil  Defense,  Office  of 634  73 

Education,  Dept.  of   635  75 

745  520 

Elections,  Board  of  Supervisors  of 746  522 

655  104 

Employees  Retirement  Systems,  Board  of  Trustees  .       636  76 

747  523 
Enoch  Pratt  Free  Library  658  108 

896  1103 

Estimates,  Board  of  804  726 

Fire  Dept 736  509 

638  79 

749  526 
Finance  Dept 637  77 

748  525 
Health,  Dept.  of 687  209 

639  81 
Historical  and  Architectural  Preservation  640  83 

750  528 
Hospitals    641  84 

751  529 


1172  INDEX 

Ord.  Page 

Housing  Community  Development 820  806 

858  1020 

797  716 

795  711 

752  531 
642  86 

807  730 

808  733 
721  407 

Jail  Board  643  87 

753  532 

Jail,  City  800  721 

Labor  Commissioner,  Office  of 754  533 

661  112 

Law,  Dept.  of 644  88 

755  535 

Legislative  Reference,  Dept.  of 657  106 

Mayor's  Advisory  Committee  on  Art  &  Culture  ....       757  537 

735  508 

716  402 

717  403 
663  114 

Mayor's  Advisory  Committee  on  Small  Business   . .       759  540 

667  119 
Mayor's  Coordinating  Council  on  Criminal  Justice  . .       665  117 

895  1101 

Mayor's  Office 659  109 

Mayor's  Office  of  Manpower  Resources 688  210 

Mayor's  Task  Force  for  Liaison 

for  General  Assembly   756  536 

660  110 

Minimum  Wage   Commission    760  541 

668  120 
Municipal  Museum,  Bd.  of  Trustees  of 763  545 

646  91 

Municipal  and  Zoning  Appeals,  Dept.  of 656  105 

Museum  of  Art   669  122 

758  538 

Off-Street  Parking  Commission  764  546 

645  90 

Orphan's  Court    744  519 

632  71 

Planning  Dept 670  123 

765  547 

809  735 


INDEX  1173 

Ord.  Page 

Police  Dept 671  124 

766  548 
Post  Mortem  Examiners   647  92 

767  550 
Public  Works  Dept 823  813 

648  93 

768  551 
805  728 

Recreation  and  Parks,  Dept.  of 649  96 

621  57 

622  58 

769  553 
Safety,  Office  of 666  118 

761  542 

Sheriff's  Office . 654  103 

770  555 

801  722 
State's  Attorney's  Office   771  556 

899  1105 

633  72 

802  723 
Supreme  Bench  743  518 

631  70 

803  725 
Telecommunications,  Office  of 762  543 

664  115 

Transit  and  Traffic,  Dept.  of 650  97 

772  557 
Treasurer,  Dept.  of 651  99 

773  559 
Urban   Services    882  1059 

652  100 

810  736 

883  1061 

War  Memorial  Commission 653  101 

774  560 

B 

Baltimore  City  Code — Amendments — 

Article  1— Section  104C,  104D   619  54 

Article  1— Sections  96(g),  (i),  97,  98, 99 (a),  (i),100, 

101  (b) ,  101  (c)     916  1142 

Article  15— Section  100  (j)    814  777 

Article  15 — Sections  79,  82    592  2 

Article  19— Sections  51,  60    778  564 


1174  INDEX 

Ord.  Page 

Article  19— Section  145(5)     724  410 

Article  22— Subsection  (a)  of  Section  8     610  36 

Article  30— Sheet  No.  45,  46   594  7 

Article  30— Sheet  No.  47,  57   693  6 

Article  30— Sheet  No.  24   615  45 

Article  30— Sheet  No.  15   616  51 

Article  30— Section  11.0-6c-l    620  56 

Article  30— Sheet  No.  46     729  493 

Article  30— Sheet  No.  33   868  1042 

Article  30— Sheet  No.  48,  49     888  1078 

Article  30— Sheet  No.  96   890  1083 

Article  30— Sheet  No.  36   898  1104 

Article  30— Sheets  No.  55,  65    864  1034 

Article  30— Sheet  No.  46   866  1039 

Article  30— Sheet  No.  12   867  1041 

Article  30— Sheets  No.  58,  59    859  1024 

Article  30— Sheet  No.  21   843  943 

Article  30— Sheets  No.  65,  66   827  824 

Article  30— Sheet  No.  46   723  409 

Article  30— Sheet  No.  68   706  34 

Article  30— Sheet  No.  46   689  212 

Article  30— Sheet  No.  35   708  366 

Article  30— Sheet  No.  3   673  127 

Article  30— Section  3.0-1-3.0-2   676  133 

Article  30— Sheet  No.  3   674  128 

Article  30— Sheets  No.  48,  58   601  19 

Article  30— Sheets  No.  27,  28,  37,  38    844  923 

Baltimore  City  Code — Repeals — 

Article  1— Section  104C,  104D    619  54 

Article  15— Section  100  (J)     814  777 

Article  15 — Sections  79,  82    592  3 

Article  19— Sections  51,  60    778  564 

Article  19— Section  20    822  S12 

Article  19— Section  145  (5)    724  410 

Article  22— Subsection  (a)  (b)  (c)  (d)  of  Section  43  .  851  982 
Article  22— Subsection  (a)  (b)  (c)  (d)  (e)  (f )  of 

Section  7 851  982 

Article  22— Subsection  (a)  (b)  (c)  (d)  (e)  (f)  (g)  of 

Section  7 851  982 

Article  22— Section  8   610  36 

Article  30— Section  3.0-1-3.0-2   676  133 

Article  30— Section  11.0-6c-l    620  56 

Article  31— Sections  107  (1 ) , (2) ,  (3) ,  108  (1)     879  1054 

Article  31— Sections  106(2),  (3),  112(3),  113(5)    ...  879  1054 

Article  32— Chapter  17    894  1088 


INDEX  1175 

Ord.  Page 

Baltimore  City  Code — New — 

Article  1— Section  40  II     715  400 

Article  1— Section  40(HH)   720  405 

Article  1— Section  14A    709  367 

Article  1— Section  37   612  42 

Article  19— Section  179   672  126 

Article  19— Section  20   822  812 

Article  19— Sections  61,  62    778  564 

Article  15— Sections  82A,  82D    592  3 

Article  22— Subsection  (a)  (b)  (c)  (d)  (e)  (f )  (g)  of 

Section  35 851  982 

Article  22— Subsection  (d)  of  Section  16     900  1107 

Article  22— Subsection  (2)  of  Section  5   851  982 

Article  22— Subsection  (q)  of  Section  33   845  928 

Article  22— Subsection  (x)  of  Section  33    845  528 

Article  26— Sections  115, 116    869  1043 

Article  30— Section  13.0-2-108    676  133 

Article  30— Chapter  3B  676  133 

Article  31— Section  141  (4C)     598  10 

Article  31— Section  53A 884  1062 

Article  31— Section  113  (5a)   718  409 

Article  31— Sections  108  (1) ,  112  (2a) ,  116  (a) ,  (16) , 

(lc),119(2a),  120(1)    879  1054 

Baltimore  St.  (6800  E.)  — 

Waive  provisions  806  729 

Baltimore  St.  (1422  E.)  — 

Community  Correction  Center 775  561 

Baltimore  Building  Code — 

Waiver  of  requirements  for  Cardiff  Ave.  between 

S.  Clinton  and  Highland  Ave 675  129 

Waiver  of  requirements  for  Exxon  Corporation 732  505 

Baltimore  Building  Code — New — 

Chapter  17 894  1088 

Chapter  28 677  141 

Paragraph  4811  and  4852  806  729 

Section  1710  (o)   713  382 

Paragraph  2132  and  2138   875  1050 

Broadway  (517  S.) — metal  shopping  pole  cart  barrier  722  408 

Bond  Issue — 

Chesapeake  Center  Project  840  933 

Chesapeake  Center  Project 847  948 

Chesapeake  Center  Project 848  964 

Chesapeake  Center  Project 852  1009 

Coldspring  Loan  Program 685  178 

Commercial   Rehabilitation    789  618 


1176  INDEX 

Ord.  Page 

Community  Development  Program 788  612 

Fire  Department   792  635 

Industrial  Development 704  270 

Industrial  Development 705  347 

Industrial  Development 721  407 

Industrial  Development 793  640 

Industrial  Development 711  379 

Industrial  Development 791  629 

Industrial  Development 794  708 

Industrial  Development 857  1018 

Maryland  Department  of  Transportation 705  347 

Mudge  Paper  Company 726  417 

Municipal  Water  Supply  and  Water  System 785  595 

Museum  of  Art  Building 787  606 

Port  Facilities 842  910 

Public  Market  Renovation 790  624 

Residential   Financing    784  588 

Sanitary  Sewerage   786  600 

C 

Calhoun  Street  (N.  1358-1372)— parking  lot 679  156 

Cardiff  Avenue  (between  S.  Clinton  St.  and 

Highland  Ave.)— pipe  trestle 732  505 

Cathedral  Street  (309) -non-bedridden 

alcoholic  homes 783  587 

Charles  Street  (1200-1228-1301)  594  7 

Charles  Street  (N.  1200-1226-1228) 

Zoning  Property 692  217 

City  Acquire — 

Farley  and  Mannasota  Aves 683  165 

Garrison  Blvd.    (2202)    727  491 

Grantley  Ave.   (3001)    857  1018 

O'Donnell  St.  (4201,  4401,  4623)    830  832 

Orleans  St.  Viaduct  (easement)   815  778 

Ostend  St.  (from  Wicomico  to  Scott)   816  781 

Russell  St.   (1400)    794  708 

Sinclair  Lane  (Southwest  corner  of)  and 

Shannon  Drive   821  808 

St.  Thomas  Ave.  and  Plainfield  Ave 682  159 

Wells  and  Marshall  Streets 608  31 

City  Property — 

Chesapeake  Life  Insurance 852  1009 

City  Sell- 
Camp  Holabird  (part  of)   819  805 


INDEX  1177 

Ord.  Page 

Carey  St.  (N.  1431)    731  502 

Carroll  Industrial  Park 728  492 

Coldspring  Lane   (portions  of)    730  494 

Eutaw  Street  (S.  517)  880  1057 

Fayette  Street  (W.  520)  832  861 

Hudson  Street   (2801)    712  380 

Maisel  St.  (east  of)  and  Langley  St.  (northwest  of)  702  261 
Northern  Parkway  (south  side  of  and  west  side 

of  York  Rd.)   700  250 

Northern  Parkway  and  Walther  Ave.  (vie.)   876  1051 

Plainfield  Ave.,  Taylor  Ave.,  Sulphur  Spring 

and  Georgetown  Roads  (former  beds  of)   684  172 

Raynor  Avenue  (2721)   707  365 

Redwood  St.  (W.  730,  732,  734)  and 

Baltimore  St.  (725,  727,  729,  731)   840  899 

Saratoga  St.  (W.  220-224)    781  584 

Coldspring  Loan  Program1 — Residential  Financing  ....  685  178 

Coldstream  Homestead  Montebello  Area — amend  plan  698  238 
Correction  Centers — 

Baltimore  St.  (E.  1422)   775  561 

Hudson  St.    (2801)    712  380 

Lanvale  St.  (E.  320)   824  815 

Walbrook  Ave.   (2229)    733  506 

D 

Disabled  Persons  Reserved  Parking 856  1016 

Drinking  in  Public  Places 822  812 

Drive-In  Restaurants — 

Northern  Parkway  and  Wabash  Ave.  (intersection)'  780  580 

Pulaski  Highway  (north  of)  and  Haven  St. 

(east  of)    602  20 

Pulaski  Highway  (3400)    889  1082 

Drug  Abuse  Rehabilitation  and  Treatment  Center — 

Aisquith  Street  (1031)   892  1085 

Towanda  Ave.    (3101)    907  1123 

Druid  Heights  Urban  Renewal  Project-^amend  plan  . .  696  228 

E 

Employees'  Retirement  System    851  92 

Employees'  Retirement  System — amend 618  36 

Employees'  Retirement  System — Baltimore  Museum  of 

Art    900  1107 

Enforcement,  Special  Officers 672  126 


1178  INDEX 

Ord.        Page 
F 

Fallstaff  Rd.— Residential  Planned  Development   690  213 

Fayette  St.  (E.  1105)— Alcoholic  Rehabilitation 

Home 678  155 

Fayette  St.  (from  Gay  St.  to  Holliday  St.)  — 

one-way  westbound  traffic 863  1034 

Fees  and  Service  Charges 894  1088 

Fees  and  Service  Charges  Bldg.  Regulations 713  382 

Flood  Plain  District — Regulations 677  141 

Flood  Plain  Overlay  District 676  133 

Franklin  Square — designating  as  renewal  area 831  841 

Frederick  Ave.    (4021-4027)— Parking  lot   613  44 

Furley  Ave.  and  Mannasota — for  public  highway  ....  683  165 

G 

Grantley  St.  (3001)  city  acquire 857  1018 

Greenmount  (west  side  of)  near  Homewood 

Terrace — Reserved  Parking 597  10 

Greenspring  Ave.  (5772) — zoning  property 673  127 

Greenspring  Ave.    (5718-5720) — zoning  property 674  128 

H 

Hollins  Ferry  Rd.  (2925-2927)— Parking  lot 609  34 

Housing  for  Elderly — 

Harlem  Ave.  (north  of)  and  east  of 

N.  Arlington  Ave 681  158 

Preston  St.  (E.  501)   777  563 

Hudson  St.  (2801)  city  sell 712  380 

I 
Impounding — 

Clear  Streets;  deleting  certain  areas 879         1054 

Eutaw  St.  (east  side  of)  between  Madison  and 

Biddle  Sts 719  405 

Monument  St.  (north  side  of)  from  Fallsway  to 

Washington   St 598  10 

Mt.  Vernon  Place  (both  sides  of)  between  east- 
west  of  Washington  Place 718  404 

Saratoga    St.     (both    sides)     from    Greene    St.    to 

Pine  Street   917         1145 

Industrial  Planned  Development  885         1063 

Inner  Harbor  Park Res.  11         1157 

Inner  Harbor  Project  I-A — approving  plan 710  368 

Inner  Harbor  Project  Renewal  Plan — amend  plan  . . .       611  37 

Inner  Harbor  West  Project   (waive  requirements)    . .       875         1050 


INDEX  1179 

Ord.  Page 
1-95  from  Caroline  St.  to  Boston  and 

Luzerne  Ave. — street  close   599  11 

1-95  Sharp  St.  to  Battery  Ave.— Street  Close 600  15 

J 


Johnson  Square  Urban  Renewal  Project — 

amend  plan   703 

L 


263 


Lanvale  Street   (E.  320) — correction  center   824  815 

Lawndale  Ave.  (5010)— Parking  lot 617  52 

Lee  Street  (extending  from  Sharp  St.)  — 

street  closed 603  20 

Licenses — 

Selling  in  Streets  (food  vendors  in  residential  areas)  592  3 

Selling  in  Streets  (food  peddlers)    814  777 

Limited  Access  Highways  (prohibiting  stopping  on)  . .  889  1062 
Loft  Historic  and  Architectural  Preservation  District 

(to  add)   715  400 

M 

McHenry  St.   (south  side  of) — Reserved  Parking 596  9 

Merryman's  Mill  Rd.   (northwest  side)   Balto.  County  836  881 

Metropolitan  District — extended — Baltimore  County  .  595  8 

Mid-Town  Belvedere  Area — amend  plan 615  46 

Milton  Avenue  (601)  Zoning  Property 593  6 

Minimum  Wage  Law — name  change  to 

Wage  Commission   778  564 

Monument  St.  (north  side  of)  from  Fallsway  to 

Washington  St. — Impounding 598  10 

Morton  St.   (906)— Parking  lot 782  586 

Mt.  Royal  Terrace  (2000)— adding  to  Historical 

district    612  42 

Municipal  Center  Area — amend  plan 839  897 

N 

North  Avenue  (1322-1328)— Parking  lot 618  53 

North  Avenue  Transit  Station  Urban  Renewal  Area — 

approve  plan 817  785 

Northern  Parkway  and  Wabash  Ave. — 

Drive-In  Restaurant  780  580 

Nursing  Homes — 

Gilmore  Street   (N.  1501-1513)    874         1049 


1180  INDEX 


Ord.  Page 

O'Donnell  St.  (4201,  4401,  4623)— City  Acquire 830  832 

One-Way  Traffic — east  bound  (Walther  Ave.  from 

Hilltop   Avenue)    607  30 

Orchard-Biddle  Project  Urban  Renewal  Plan — 

amend  plan   686  192 

Ordinance  422,  7-25-77 — Correct  technical 

mistake  in 813  775 

Ordinance  of  Estimates— June  30,  1979 811  738 

Orleans  St.  Viaduct  (easement)  City  Acquire 815  778 

Ostend  St.  from  Wicomico  to  Scott  St.— City  Acquire  .  816  781 

P 

Parking  Garage — 

Calvert  St.,  Center,  Hunter  and  Monument 870  1045 

Parking  Lots — 

Broadway    (N.  601)    872  1047 

Calhoun  St.  (N.  1358-1372)   679  156 

Eastern   Ave.    (3300-3308)    855  1015 

Frederick  Ave.   (4021-4027)    613  44 

Garrison  Ave.  (northwest  of)  and  extending 

from  Park  Heights  to  Palmer  Ave 854  1014 

Hollins  Ferry  Road  (2925-2927)   609  34 

Howard  St.  (S.  10)    849  979 

Lawndale  Ave.   (5010)    617  52 

Morton  Street  (906)    782  586 

North  Avenue  (W.  1322-1328)  618  53 

Pine  Heights  Ave.  (1001 )   .  . . 776  562 

Stockton  St.  (S.  14,  16,  18,  20,  22,  24)    873  1048 

Twenty-Fourth  St.  (E.  111-113)   680  157 

Parking  Reserved — 

Guilford  Terrace  (west  side  of)  near  Homewood 

Terrace 597  10 

Hamilton  St.  (south  side  of)  near  St.  Paul  Place  . .  853  1014 

Hanlon  Ave.  (south  side  of)  near  Rosedale  St 897  1104 

Hunter  St.  (east  side  of)  between  Monument  and 

Madison    Sts 880  1059 

McHenry  Street  (south  side  of)   596  9 

Plum  Street  near  Pennington  Avenue 908  1124 

Wilkes  Lane  (south  side)  and  Calvert  St 725  416 

Patapsco  Avenue   (southwest  side  of)    891  1094 

Plainfield  Ave.,  Taylor  Ave.,  Sulphur  Spring 

and  Georgetown  Rds.  (former  beds  of)   684  172 

Police  Ordinance — minimum  wage  law 778  564 

Poppleton  Urban  Renewal  Project — amend  plan   837  883 

Preston  St.  (E.  501)— Housing  for  Elderly 777  563 


INDEX  1181 

Ord.        Page 

Preston  St.  (E.  501)— Zoning  Property 729           493 

Pulaski  Highway  (north  of)  and  Haven  St. 

(east  of) — Drive-In  Restaurant 602             20 

Pulaski  Highway  (north  of)  and  Haven  St. 

(east  of) — Zoning  Property 601             19 

Pulaski   Highway    (3400)— Drive-In  Restaurant    889         1082 

R 

Rayner  Avenue  (2721)— City  Sell 707           365 

Records  Management  Officer  (changed  to  City 

Archivist  and  Records  Management  Officer)    916         1142 

Rehabilitation  Home  (alcoholic)  — 

Fayette  St.   (E.  1105)    678           155 

Rehabilitation  Home  (for  non-bedridden  alcoholics) 

Cathedral  St.    (309)    783           587 

Reservoir  Hill  Renewal  Plan — amend  plan 695           224 

Residential  Planned  Development — Fallstaff 

(north  and  east  of  Clarks  Lane)    690          213 

Retirement  Systems — Fire  and  Police  Employees' 

Retirement  System   843          928 

Ridgely's  Delight  Area — amend  plan 835          867 

Russell  Street  (1400)— City  Acquire  794           708 

S 

St.  Paul  Street,  Centre  and  Monument  Sts. — 

construction  of  supporting  structures   871         1046 

St.  Thomas  Ave.  and  Plainfield  Ave. — city  acquire 682           159 

Sandtown-Winchester — approving  plan   701           252 

Saratoga  Street  (W.  220-224)— city  sell 781           584 

Self -Insurance  Program — amending  619            54 

Sharp-Leadenhall  Plan — amend  plan  838           891 

Sinclair  Lane  and  Shannon  Drive — city  acquire 821           808 

Soil  Erosion  and  Sediment  Control 869        1043 

Special  Sanitary  Enforcement  Officers — Citations — 

Police  Ordinance    724           410 

Streets — Close — 

Brentwood  Ave.  extending  from  Lanvale  Street 829           827 

Caroline  St.,  Fairmount  Ave.,  Bond  St.  and 

Baltimore  St 912         1131 

Charles  St.    (N.  1200-1226-1228)— >alley   692          217 

Cottage  Avenue   (3905-3913)— alley  694           222 

Danville  Avenue,  from  Clinton  St.  to  Bulkhead 

Lane    606            28 

Homestead  Street  (southwest  of)  extending 

from  Kirk  Avenue 904         1114 


1182  INDEX 

Ord.  Page 
1-95  from  Caroline  Street  to  Boston  and 

Luzerne  Avenue 599  11 

1-95— Sharp  Street  to  Battery  Avenue 600  15 

Lee  Street — extending  from  Sharp  Street 603  20 

Lucille  Ave.  near  Reisterstown  Rd.  and  Beehler 

Avenue    834  864 

Pine  and  Fayette  Streets 906  1119 

Ridgely's  Delight  Urban  Renewal  Project — 

certain  streets  and  alleys  in 826  820 

Reservoir  Hill  Urban  Renewal  Project — 

certain  streets  and  alleys  in 914  1136 

Robert  Street 902  1110 

St.  Paul  (vicinity  of)  Monument  and  Centre  Streets  910  1126 

York  Road  (5221-5227)  605  25 

Streets — Open — 

Brentwood  Avenue  to  Lanvale  Street 828  827 

Caroline  St.,  Fairmount  Ave.,  Bond  and  Baltimore 

Streets    911  1129 

Charles  Street  (N.  1200-1226-1228)    691  215 

Cottage  Ave.   (3905-3913)    (alley)    693  220 

Franklin  Square — designate  reserved  area 831  841 

Holliday  Street  from  Fayette  to  Lexington  Streets  . .  862  1031 
Homestead  Street  (southwest  extending  from 

Kirk  Ave.)    903  1112 

Lucille  Ave.  (vicinity)  Reisterstown  Rd.  and 

Beehler  Ave 833  862 

Municipal  Center  Area — amend  plan 839  897 

Pine  and  Fayette  Streets 905  1118 

Poppleton  Urban  Renewal  Project — 

amend  plan   837  883 

Reservoir  Hill  Urban  Renewal  Project — 

(certain  streets  and  alleys)    913  1135 

Ridgely's  Delight  Urban  Renewal  Project — 

(certain  streets  and  alleys  in)    825  816 

Robert  Street   901  1108 

St.  Paul  (vie.)  Monument  and  Center  Streets 909  1125 

Sharp-Leadenhall  Plan — amend  plan   838  891 

York  Road   (5221-5227)    604  23 

T 

Taxes — 

Collect  Tax 812  775 

Transit  and  Traffic — 

Additional  Parking  Restrictions 856  1016 

Transportation  Control  Plan   Res.  19  1168 

Treasurer,  eliminate  Department   Res.  13  1160 

Treasurer,  clarify  and  define  duties Res.  12  1158 


INDEX  1183 

U  Ord.  Page 
Urban  Renewal — 

Coldstream-Homestead  Montebello 

Area— amend    plan     698  238 

Druid  Heights  (Urban  Renewal  Project)   696  228 

Franklin  Square  Urban  Renewal  Area 831  841 

Greenmount-West     699  242 

Inner-Harbor  Project  I-A — approving  plan 710  368 

Inner  Harbor  Project — amend  plan   611  37 

Johnson  Square — amend  plan 703  263 

Johnson  Square  Urban  Renewal  Project — 

changing  zoning  districts 723  409 

Mid-Town  Belvedere — amend  plan 615  46 

Mount  Vemon  Renewal  Plan — amend  plan 841  900 

Municipal  Center  Area — amend  plan 839  897 

Orchard-Biddle  Project— amend  plan 686  192 

Project  3-c— amend  plan   . 915  1139 

Reservoir  Hill — amend  plan 695  224 

Ridgely's  Delight  Renewal  Plan — amend  plan 835  867 

Sandtown-Winchester — approving  plan 701  252 

Sharp-Leadenhall  Plan — amend  plan 838  891 

University  of  Maryland  Baltimore  Campus 

Project  No.  11 — amend  plan 779  575 

Upton  Renewal — amend  plan  697  233 

Washington  Boulevard  Business  Area — 

designating  as 714  384 

Washington-Hill  Chapel — amend  plan  818  796 

W 

Walbrook  Avenue   (2229)— city  sell   733  506 

Walbrook  Shopping  Center — amend  plan 860  1024 

Walrad  Avenue  (south  side  of)  near  Yale  Avenue 886  1065 

Walters  Art  Gallery — authorize  increase  in  number  of 

trustees 734  507 

Walther  Avenue  from  Hilltop  Avenue  (one-way 

traffic  east  bound)   607  30 

Washington  Boulevard  Business  Area — 

designating  area 714  384 

Washington-Hill  Chapel — amend  plan  818  796 

Water  and  Sanitary  Wastewater  (self-sustaining 

utilities)   Res.  9  1149 

Water  and  Waste  Water  Plan Res.  8  1147 

Water  Quality  "208"  Management  Program Res.  10  1155 

Waverly  Historic  and  Architectural  District 720  405 

Wells  and  Marshall  Streets  for  public  highway — 

city  acquire 608  31 


1184  INDEX 

Ord.  Page 
Western  Maryland  Railroad  Right-of-Way 

(portions  of  alleys)— city  sell 702  261 

Wilkes  Lane  (south  side  of)  and  Calvert  Street 

(west) — Parking  Reserved   725  416 

Wilmington  Ave.  (east  side  of)  near  Benson  Avenue — 

Parking  Reserved 878  1053 

Y 

York  Road   (5221-5277)— streets  open  604  23 

York  Road   (5221-5277)— streets  close  605  25 

Z 

Zoning  Code — conditional  uses  require  a  statement  .  .  620  56 
Zoning  Properties — 

Aisquith  St.  (southwest  of),  Hargest  St. 

(northwest  of)    898  1104 

Ashland  Avenue  and  Iris  Avenue 888  1078 

Charles  Street  (1200-1228-1301)   594  7 

Charles  Street  (W.  1200-1226-1228)    692  217 

Cox  Street  (south  side)  west  of  Conduit  Avenue  . . .  614  45 

Danville  Avenue 606  28 

Eager  Street  (south  of)   689  212 

Elliot  Street,  Boston  Street,  Lakewood  Avenue 706  361 

Erdman  Avenue  (southwest),  Crossland  Avenue 

(southeast)    844  922 

Greenspring   Avenue    (5722)     673*  127 

Greenspring  Avenue   (5718-5720)    674  128 

Industrial  Districts — add  diaper 

supply  establishments 850  981 

Lawndale  Ave.  (west  side  of),  north  of  Hurst  Ave.  .  616  51 
Liberty  Heights  Ave.   (northwest  side)  and  Plateau 

Ave.    (northwest  side)    843  943 

Lombard  Street  (E.  4401-4425)    859  1023 

Miles  Ave.  (2701-2703)   708  366 

Milton  Ave.  (N.  601)   593  6 

Oliver  Urban  Renewal  Area 866  1039 

Palmer  Ave.  (5010-5018)   867  1041 

Patapsco  Ave.  (southwest  side  of)   890  1083 

Preston  Street  (E.  501)    729  493 

Pulaski  Highway  (north  of)  and  Haven  Street 

(east  of)    601  19 

Ridgely's  Delight  Urban  Renewal  Project 

(district  changes)    864  1034 

Sharp-Leadenhall  Project 

(zoning  changes  in)    827  824 

Zoning  Ordinance  of  Baltimore  City 620  56 


UNIV   OF  MD  COLLEGE  PARK 


3  1M30  03flm,M30  fl